Abstract

http://ssrn.com/abstract=1696272
 
 

Citations (1)



 


 



Asbestos Litigation and Bankruptcy: A Case Study for Ad Hoc Public Policy Limitations on Joint and Several Liability


Richard L. Cupp Jr.


Pepperdine University School of Law

2003

Pepperdine Law Review, Vol. 31, 2003

Abstract:     
Over a decade ago, the Federal Judicial Conference warned of an asbestos litigation “disaster of major proportions.” The Supreme Court of the United States has described the litigation as a “crisis.” According the RAND Institute for Civil Justice, by the end of 2000, more than 600,000 asbestos claims were filed. RAND estimates that as many as three million more plaintiffs may eventually file claims. Most new claimants are not sick. The flood of claims has forced almost sixty companies into bankruptcy; many of these bankruptcies are very recent. As a result, defendants with only remote connections to asbestos – known as peripheral defendants – are being dragged into the litigation. Some of these companies have also begun to declare bankruptcy. Experts predict that, absent meaningful reform, asbestos cases may continue to be a major legal and public policy problem for decades to come.

In this Article, Professor Cupp argues that courts and legislatures should impose ad hoc public policy limitations on joint liability in asbestos and other appropriate cases. The Article analyzes holdings that support asbestos-specific limits on joint liability, and explains why unlimited and unrestrained joint liability represents unsound public policy in the current asbestos litigation environment. The Article concludes that limits on joint liability in asbestos cases are supported by sound public policy and would help mitigate the litigation crisis.

Number of Pages in PDF File: 24

Keywords: tort, asbestos, litigate, damages, illness, bankruptcy, defendant, liability, public policy, joint and several liability, mitigation, litigation, crisis

Accepted Paper Series


Download This Paper

Date posted: October 24, 2010  

Suggested Citation

Cupp, Richard L., Asbestos Litigation and Bankruptcy: A Case Study for Ad Hoc Public Policy Limitations on Joint and Several Liability (2003). Pepperdine Law Review, Vol. 31, 2003. Available at SSRN: http://ssrn.com/abstract=1696272

Contact Information

R.L. Cupp Jr. (Contact Author)
Pepperdine University School of Law ( email )
24255 Pacific Coast Highway
Malibu, CA 90263
United States
(310) 506-4658 (Phone)
Feedback to SSRN


Paper statistics
Abstract Views: 359
Downloads: 39
Citations:  1

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo5 in 0.343 seconds