Asbestos Litigation Reform In 2004 and Beyond

About the Authors photo-1Mark A. Behrens is a partner in the Public Policy Group of Shook, Hardy & Bacon L.L.P. in Washington, D.C.

photo-2Cary Silverman is an associate in the firm.

I. Introduction

Asbestos litigation has clogged the courts with more than 300,000 pending cases. More than 100,000 claims were filed last year alone. The RAND Institute for Civil Justice has said that as many as one million more claims may be filed. These filings have led to a well-documented litigation crisis. For example, lawyers who represent cancer claimants have expressed …