Paul Tassin  |  February 24, 2016

Category: Consumer News

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

mesothelioma-lawsuit-asbestosVeterans groups and public health advocates are lining up to oppose legislation that would publicize information about asbestos trust claimants.

The legislation in question is the Furthering Asbestos Claims Transparency Act, or FACT Act. It would amend a section of the bankruptcy code to require quarterly reports  from each asbestos bankruptcy trust detailing each claim received by the trust.

The reports would include the name of each claimant, the claimant’s asbestos exposure history, and the basis on which the trust made any payment on the claim.

Supporters of the bill allege that plaintiff’s attorneys are purposely delaying asbestos bankruptcy trust claims until after related civil asbestos lawsuits are completed. The supporters say this practice creates the appearance that only non-bankrupt companies were responsible for the alleged asbestos exposure.

The bill’s sponsor, Sen. Jeff Flake of Arizona, says the bill will help expose fraudulent claims for disease resulting from asbestos in the lungs. Flake claims his bill is necessary to expose what he says is widespread fraud among asbestos claimants. He compared it to the alleged fraud to the collapse of Enron in 2001.

These trusts have been set up via the U.S. bankruptcy code to compensate victims of asbestos exposure even after the companies that would be liable have gone bankrupt. Several dozens of these trusts have been established and are funded to the tune of about $18 billion. The number of claims has been increasing, as new victims are diagnosed with diseases based on asbestos in the lungs that they were exposed to decades earlier.

Asbestos Victims Fight Back

Opponents of the FACT Act say it would unnecessarily expose victims’ sensitive personal information in bankruptcy court records. Each victim’s work history, amount of compensation, and partial Social Security number would be revealed, which could expose the victims to identity theft, opponents say.

Sen. Dick Durbin of Illinois said the FACT Act is nothing but a giveaway for companies trying to escape liability for asbestos disease.

Some legal experts say the evidence of abuse in the claims process is lacking. Michael Green, a professor of law at Wake Forest University told Bloomberg that he found no evidence of systemic abuse of the claim system that would warrant legislative reform.

The American Association for Justice said the bill would only harm individuals suffering from asbestos in the lungs, as well as their families. They say the act is just another attempt by the responsible companies to delay justice for those families. The AAJ also notes opposition from several public health groups and veterans’ organizations.

The bill has drawn the opposition of 17 different veterans’ advocacy groups, including Military Officers Association of America, AMVETS and the Vietnam Veterans of America. In a letter to the Senate Judiciary Committee, these groups said that the FACT Act is merely “a cynical ploy by the asbestos industry to avoid compensating its victims who are seeking justice in court.”

These organizations note an estimated 30 percent of the claimants affected by the bill would be U.S. military veterans. Many veterans of the U.S. military have suffered from asbestos in the lungs due to exposure during service. Naval facilities were particularly notorious sources of asbestos exposure.

The White House has said it plans to veto the FACT Act if it is passed. A similar bill passed the House in January 2015.

Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual asbestos lawsuit or asbestos class action lawsuit is best for you. [In general, asbestos lung cancer lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.

Learn More

We tell you about cash you can claim EVERY WEEK! Sign up for our free newsletter.


Get Help – It’s Free

Join a Free Asbestos Lung Cancer Class Action Lawsuit Investigation

If you or a loved one were exposed to asbestos and developed mesothelioma, lung cancer, or cancer in the lining of the lungs, abdomen or chest cavity, you may be able to take legal action against the companies responsible. Don’t delay – in most states the statute of limitations is two years to file an asbestos lawsuit after you’re diagnosed. Obtain a free and confidential case evaluation be filling out the form below.

An attorney will contact you if you qualify to discuss the details of your potential case at no charge to you.

  • The law firm responsible for the content of this page is: Sokolove Law
  • Please note that if your diagnosis was more than 4 years ago, you do not qualify for compensation.
  • We tell you about cash you can claim every week! Subscribe to our free newsletter today.
  • Hidden
    By checking this box, I consent to receive from Top Class Actions marketing emails and/or marketing calls or text messages sent by an automatic telephone dialing system. I consent to Top Class Actions providing my phone number and email address to the lawyers or their agents sponsoring this investigation, and their co-counsel, if any, and I consent to receive marketing calls, text messages, and/or emails from those lawyers or their agents. I understand that this authorization overrides any previous registrations on a federal or state Do Not Call registry. You may opt out at any time. You can review Top Class Actions' Terms and Conditions and Privacy Policy here.
  • This field is for validation purposes and should be left unchanged.

Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.