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Saturday, September 06, 2008

Asbestos Lawyer: Fairness in Asbestos Injury Resolution Act of 2005

Your Asbestos Lawyer provides you with House Resolution 1360: Fairness in Asbestos Injury Resolution Act of 2005. If you have been injured by Asbestos, this document may help you understand your Asbestos lawsuit. To find out if you have a claim, use our FREE Asbestos Case Evaluator.

H.R.1360

FAIR Act of 2005 (Introduced in House)
March 17, 2005
    SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
    Sec. 1. Short title; table of contents.
    SEC. 2. FINDINGS AND PURPOSE.
    SEC. 3. DEFINITIONS.
TITLE I--ASBESTOS CLAIMS RESOLUTION
Subtitle A--Office of Asbestos Disease Compensation
    SEC. 101. ESTABLISHMENT OF OFFICE OF ASBESTOS DISEASE COMPENSATION.
    SEC. 102. ADVISORY COMMITTEE ON ASBESTOS DISEASE COMPENSATION.
    SEC. 103. MEDICAL ADVISORY COMMITTEE.
    SEC. 104. CLAIMANT ASSISTANCE.
    SEC. 105. PHYSICIANS PANELS.
    SEC. 106. PROGRAM STARTUP.
    SEC. 107. AUTHORITY OF THE ADMINISTRATOR.
Subtitle B--Asbestos Disease Compensation Procedures
    SEC. 111. ESSENTIAL ELEMENTS OF ELIGIBLE CLAIM.
    SEC. 112. GENERAL RULE CONCERNING NO-FAULT COMPENSATION.
    SEC. 113. FILING OF CLAIMS.
    SEC. 114. ELIGIBILITY DETERMINATIONS AND CLAIM AWARDS.
    SEC. 115. MEDICAL EVIDENCE AUDITING PROCEDURES.
Subtitle C--Medical Criteria
    SEC. 121. MEDICAL CRITERIA REQUIREMENTS.
Subtitle D--Awards
    SEC. 131. AMOUNT.
    SEC. 132. MEDICAL MONITORING.
    SEC. 133. PAYMENT.
    SEC. 134. REDUCTION IN BENEFIT PAYMENTS FOR COLLATERAL SOURCES.
TITLE II--ASBESTOS INJURY CLAIMS RESOLUTION FUND
Subtitle A--Asbestos Defendants Funding Allocation
    SEC. 201. DEFINITIONS.
    SEC. 202. AUTHORITY AND TIERS.
    SEC. 203. SUBTIERS.
    SEC. 204. ASSESSMENT ADMINISTRATION.
Subtitle B--Asbestos Insurers Commission
    SEC. 210. DEFINITION.
    SEC. 211. ESTABLISHMENT OF ASBESTOS INSURERS COMMISSION.
    SEC. 212. DUTIES OF ASBESTOS INSURERS COMMISSION.
    SEC. 213. POWERS OF ASBESTOS INSURERS COMMISSION.
    SEC. 214. PERSONNEL MATTERS.
    SEC. 215. TERMINATION OF ASBESTOS INSURERS COMMISSION.
    SEC. 216. EXPENSES AND COSTS OF COMMISSION.
Subtitle C--Asbestos Injury Claims Resolution Fund
    SEC. 221. ESTABLISHMENT OF ASBESTOS INJURY CLAIMS RESOLUTION FUND.
    SEC. 222. MANAGEMENT OF THE FUND.
    SEC. 223. ENFORCEMENT OF PAYMENT OBLIGATIONS.
    SEC. 224. INTEREST ON UNDERPAYMENT OR NONPAYMENT.
TITLE III--JUDICIAL REVIEW
    SEC. 301. JUDICIAL REVIEW OF RULES AND REGULATIONS.
    SEC. 302. JUDICIAL REVIEW OF AWARD DECISIONS.
    SEC. 303. JUDICIAL REVIEW OF PARTICIPANTS' ASSESSMENTS.
    SEC. 304. OTHER JUDICIAL CHALLENGES.
    SEC. 305. STAYS, EXCLUSIVITY, AND CONSTITUTIONAL REVIEW.
TITLE IV--MISCELLANEOUS PROVISIONS
    SEC. 401. FALSE INFORMATION.
    `Sec. 1348. Fraud and false statements in connection with participation in Asbestos Injury Claims Resolution Fund
    SEC. 402. EFFECT ON BANKRUPTCY LAWS.
    SEC. 403. EFFECT ON OTHER LAWS AND EXISTING CLAIMS.
    SEC. 404. EFFECT ON INSURANCE AND REINSURANCE CONTRACTS.
    SEC. 405. ANNUAL REPORT OF THE ADMINISTRATOR.
    SEC. 406. RULES OF CONSTRUCTION RELATING TO LIABILITY OF THE UNITED STATES GOVERNMENT.
    SEC. 407. RULES OF CONSTRUCTION.
    SEC. 408. VIOLATIONS OF ENVIRONMENTAL AND OCCUPATIONAL HEALTH AND SAFETY REQUIREMENTS.
    SEC. 409. NONDISCRIMINATION OF HEALTH INSURANCE.
TITLE V--ASBESTOS BAN
    SEC. 501. PROHIBITION ON ASBESTOS CONTAINING PRODUCTS.
    `SEC. 221. BAN OF ASBESTOS CONTAINING PRODUCTS.
`Subtitle A--General provisions';
`Subtitle B--Ban of Asbestos Containing Products


Mesothelioma & Asbestosis Mortalities Across the US: 1979-2001 (c/o EWG)

“We have seen first-hand how asbestos has wreaked havoc on Americans working in naval shipyards, automobile plants, and the construction industry. Most often this is through their employers’ conscious choice for profits over a worker's health.”

-- Joseph Patrick Williams, a trial attorney in the Asbestos Litigation department of Weitz & Luxenberg

For legal help anywhere in the U.S. call:

1 - 800 - 476 - 6070

Prior results do not guarantee a similar outcome.

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IN THIS SECTION
Sec 1: Short Title
Sec 2: Findings/Purpose
Sec 3: Definitions
Sec 101: Create Office
Sec 102: Monetary AC
Sec 103: Medical AC
Sec 104: Assistance
Sec 105: Physicians
Sec 106: Program
Sec 107: Administrator
Sec 111: Eligibility
Sec 112: No-Fault
Sec 113: Filing a Claim
Sec 114: Claim Awards
Sec 115: Evidence
Sec 121: Requirements
Sec 131: Amount
Sec 132: Monitoring
Sec 133: Payment
Sec 134: Collateral
Sec 201: Definitions
Sec 202: Authority
Sec 203: Subtiers
Sec 204: Assessment
Sec 210: Definition
Sec 211: Insurers
Sec 212: Duties
Sec 213: Powers
Sec 214: Personnel
Sec 215: Termination
Sec 216: Expenses
Sec 221: Injury Fund
Sec 222: Management
Sec 223: Enforcement
Sec 224: Interest
Sec 301: Judicial Rules
Sec 302: Award Review
Sec 303: Assessments
Sec 304: Challenges
Sec 305: Constitutionality
Sec 401: False Info
Sec 1348: Fraud
Sec 402: Bankruptcy
Sec 403: Existing Claims
Sec 404: Insurance
Sec 405: Report
Sec 406: U.S. Liability
Sec 407: Construction
Sec 408: Safety Breach
Sec 409: Discrimination
Sec 501: ACP Prohibition
`Sec 221: Ban of ACP
Subtitle A: Provisions
Subtitle B: Ban of ACP
see also:

Sec 133: Payment FAIR Act of 2005 - TITLE I - Asbestos Claims Resolution
HR 1360, FAIR Act of 2005

Sec 402: Bankruptcy FAIR Act of 2005 - TITLE I - Asbestos Claims Resolution
HR 1360: FAIR Act of 2005

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