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Ohio Senate passes asbestos bill

By Chris Dickerson | Dec 5, 2012

COLUMBUS, Ohio (Legal Newsline) - A bill meant to stop the duplication of asbestos lawsuits has passed the Ohio state Senate.

The bill, which passed the Senate by a 19-14 vote, would require anyone to reveal all asbestos claims filed by them or for them. If they don't do so, the person could face perjury charges. The bill made it through Senate Judiciary Committee on Tuesday. It passed the House in January.

Changes made to the bill by the Senate now will need House approval.

The bill, originally introduced by Representative Lou Blessing (R-Cincinnati) also would preserve the rights of victims to sue for asbestos-related damages and does not place a cap on awards.

Supporters of the bill say it would stop double-dipping by not allowing people to go after money from trusts of bankrupted companies created to compensate asbestos victims as well as filings lawsuits against current businesses.

Critics, however, say the measure would slow legitimate claims. And they say the bill would make Ohio the first state with such claim restrictions even though Ohio is among the states with the biggest backlog of asbestos claims.

Similar measures have been introduced in other states such as West Virginia, Texas, Louisiana and Oklahoma as well as the U.S. House and Senate.

The Ohio Alliance for Civil Justice supports the measure.

"The problem with the two tracks is that there is a lack of full transparency between them," the Alliance says on a fact sheet about the issue. "In a lawsuit, claimants may tell the court about claims already made on trusts. However, they are not obligated to tell the court if they plan future claims to trusts. As a result, the system is rampant with inconsistent claims, fraud and 'double-dipping' from the trust accounts, and from lawsuit awards."
According to the Ohio Supreme Court, Cuyahoga County had more than 5,700 pending cases on its special asbestos docket at the end of September. And nearly all of Ohio's 88 counties have asbestos cases pending.

The Asbestos Victims Coalition says the bill would protect businesses rather than victims.

"This bill is designed to give a handout to the asbestos industry while robbing dying cancer victims of their constitutional rights," Anthony Gallucci, president of the Asbestos Victims Coalition, said in an Associated Press report. "The asbestos industry should be held accountable for the thousands of deaths and injuries."

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