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Court upholds settlement in asbestos lawsuits
Insurance | 2009/06/19 08:14
The Supreme Court on Thursday agreed to let an insurance company settle some asbestos lawsuits for about $500 million in exchange for blocking any future litigation resulting from its long relationship with Johns Manville Corp., once the world's largest producer of asbestos.


Travelers Cos. had been named in lawsuits alleging that it tried to hide dangerous health effects of asbestos. The company argued that asbestos claims must be paid out of a trust created by Johns Manville in the 1980s and approved by a federal bankruptcy judge.

Asbestos is a mineral that was commonly used until the mid-1970s in insulation and fireproofing material. Exposure can increase the risk of lung cancer, mesothelioma and other ailments, according to federal health agencies.

Travelers settled with several groups of plaintiffs in 2004 with the caveat that federal courts make clear the company would not have to face any new similar lawsuits. The 2nd U.S Circuit Court of Appeals overturned lower-court approval of the settlement, saying a bankruptcy judge lacked the authority to act so broadly.

The high court on Thursday overturned that decision and sent the case back to the New York-based federal appeals court.



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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet.
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