The purpose of this article is not to argue that claimants suffering from serious asbestos-related diseases should not be compensated. To the contrary, one of the points of this article is that absent some change in the way asbestos claims are resolved, claimants who become truly sick in the future may not receive adequate compensation. Changing the current asbestos compensation system would be pro-claimant. Also, the purpose of this article is not to ascribe blame. Rather, it is to fix a problem. The judges cannot be blamed for their good intentions. Neither can the plaintiffs' attorneys be blamed for zealously representing their clients-which is what they are doing here. This normally produces great social good. However, in the case of asbestos, a seriously flawed system has resulted.
71 Miss. L.J. 1-34 (2001)
Scholarly Commons Citation
Rothstein, Paul F., "What Courts Can Do in the Face of the Never-Ending Asbestos Crisis" (2001). Georgetown Law Faculty Publications and Other Works. 183.