Inactive Asbestos Dockets: Are They Easing the Flow of Litigation?

ic Wendichen wallboard manufacturer USG Corp. filed for bankruptcy protection last July, it created no smoke screens for its reason.

"The asbestos litigation system is clearly out of control," said the company's chief executive in the press report that coincided with its Chapter 11 filing. "Lawsuits continue to be filed at a high rate with no slowdown in sight, and most of the claims are filed by people who are not sick."

In fact, most - if not all - asbestos defendants that filed for Chapter 11 reorganization over the past year have noted the proliferation of unimpaired …