The Ayers Case

For example, in the Ayers case the plaintiffs had also pursued claims against asbestos manufacturers. The trial court reduced the FELA judgments by the amount of the settlements the plaintiffs had received from the manufacturer defendants, an action that was uncontested by the plaintiffs. 538 U.S. at 144.

Thus, there absolutely is no principled justification for permitting rail claimants to receive two separate, and cumulative, payments meant to duplicate tort recoveries. The payment from the Fund would fully compensate the rail claimant for all lost tort recoveries, including under FELA.

Were rail labor to have its way, it is all the other claimants subject to the Act who would be treated inequitably.

see also:

FELA Claimants Read about the issues involving equality with Asbestos FELA Claimants
The issues involving equality with Asbestos FELA Claimants: Read more.

FELA Legislation Why don't railroads think that adjustments to FELA legislation count?
Read what railroads think about adjustments to FELA legislation.

Transfer of Asbestos Claims Legislation that involves the transfer of asbestos claims: The Rules
The rules re:legislation involving the transfer of asbestos claims