Transfer Asbestos Claims

Therefore, any legislation which includes as a guiding principle the transfer of asbestos claims resolution out of the traditional tort system, with its attendant costs, and into a system that will fairly and quickly compensate those who are sick, must cover asbestos claims brought under FELA.

There is no justification for leaving railroads as the only asbestos defendants still subject to civil lawsuits. In fact, in a recent FELA cases, the U.S. Supreme Court reiterated that the "elephantine mass of asbestos cases . . . defies customary judicial administration and calls for national legislation." Norfolk & Western Ry. Vv. Ayers, 538 U.S. 135, 166 (2003).

Congress recognized this early-on and properly determined that, along with all other lawsuits, FELA actions should be preempted by the Act. That debate is long over, and need not, nor should not, be reopened.

see also:

AAR's Response AAR claims that the FELA adjustment was unwarranted.What do you think?
Read more about AAR's claims that the FELA adjustment was unwarranted.

Claims Against Manufacturers Read about how the Ayers plaintiffs sued asbestos manufacturers
The Ayers plaintiffs sued asbestos manufacturers. Find out more.

Rail Labor's Position Read about why rail labor contends the FELA Act is unfair
Find out rail labor position on the FELA Act