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"Shocked": Mass Torts and Aggregate Asbestos Litigation after Amchem and Oritz
Beginning of article
Asbestos claims continue to taunt and torment the American legal system. The taunting comes from the fact that at its heart, an asbestos injury claim is a relatively uncomplicated tort of the sort handled by the civil liability system for many centuries. The torment comes from the sheer volume of cases, some 500,000 to date according to Professor Hensler and her RAND collaborators,1 with no sign of abating any time soon. By all accounts, as demonstrated by Professor Hensler, not only is the system far from resolving asbestos cases, but the peak of the litigation is not yet in sight. To get a sense of the pervasiveness of the asbestos crisis, one need look no further than the data of date …
