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Vol. 35, Number 7—July 2003 Asbestos Bill to Deal with Mass of Cases In July, S. 1125, the Fairness in Asbestos Injury Resolution Act of 2003 (FAIR Act), was reported out by the Senate Judiciary Committee, largely along party lines. The committee marked-up S. 1125 over several marathon sessions. S. 1125 would establish a publicly administered national trust fund for payments to eligible victims, with contributions to the fund from defendant companies with asbestos liability and from insurers. The bill was amended at markup to require claimants to file claims for asbestos personal injuries through a resolution process within an Office of Special Asbestos Masters, under the auspices of the U.S. Court of Federal Claims. The remedies provided under the bill would become the exclusive remedy for any asbestos claim under any federal or state law. The bill would preempt all state and federal asbestos claims, except those "for which an order or judgment has been duly entered by a court, that is no longer subject to any appeal or judicial review." Decisions of a special master would be subject to further review within the Court of Federal Claims. Subsequent appeals would be subject to the jurisdiction of the U.S. Court of Appeals for the Federal Circuit. Other amendments included in S. 1125 would establish new medical criteria, increase compensation awards, and seek to ensure that the fund remains solvent.

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