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Category Archives: Tort Reform & Legal Climate

Asbestos Bankruptcy Trust Reforms Become Law

North Carolina is now the 15th state in the nation to enact asbestos bankruptcy trust reforms. Today, Senate Bill 470: Personal Injury Bankruptcy Trust Claims became law without Governor Cooper’s signature, putting an end to the egregious abuses plaguing asbestos litigation. After a year of hard-fought advocacy efforts by your NC Chamber team, this is a major win for your…

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NCGA Takes Action to End Egregious Abuses in Asbestos Litigation

Yesterday, the North Carolina General Assembly took action to end the egregious abuses plaguing asbestos litigation by passing Senate Bill 470: Personal Injury Bankruptcy Trust Claims with good bipartisan support. This legislation will establish transparency and fairness in North Carolina’s costly civil liability and bankruptcy trust system, making North Carolina the 15th state in the nation to pass such reforms.…

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Flagrant Abuses in Asbestos Litigation are Driving Frivolous Lawsuits

It’s been nearly 50 years since the first asbestos lawsuit was filed. Since that time, asbestos litigation has become riddled with unethical legal practices employed by bad acting personal injury attorneys looking to pad their wallets. From double-dipping damages to hiding evidence of exposure to over-naming defendants, personal injury attorneys have made taking advantage of vulnerabilities in our legal system…

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ICYMI: ATRA Releases 2017-2018 “Judicial Hellholes”

Earlier this month the American Tort Reform Association released the 2017-2018 Judicial Hellholes Report, which shines a light on jurisdictions that have cultivated a reputation as unfair and unbalanced in civil legal proceedings. Whether much of an area’s legal climate is stymied by litigation tourism or asbestos lawsuits, there is one detriment each has in common – courts determined to…

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NC Company’s Bankruptcy Shows Need for Legal Reform

Last month, Bestwall LLC, a Georgia-Pacific affiliate, filed for bankruptcy to establish a trust to resolve current and future asbestos lawsuits. This, after spending approximately $2.9 billion fighting more than 430,000 lawsuits over the course of the last 40 years. While the company accounted for less than 1% of the total asbestos used in more than 3,000 asbestos-containing products manufactured…

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Personal Injury Attorneys Eye Latest Prize: Hurricane Damage

Personal injury attorneys seldom miss an opportunity to make a buck. From workers’ compensation reform to nuisance lawsuits to asbestos bankruptcy trusts, North Carolina knows well the lengths personal injury attorneys will go to line their pockets. Now Floridians are learning similar lessons, as personal injury attorneys set their sights on their next conquest – capitalizing on hurricane damage. A…

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NC’s Legal Climate Takes a Hit in Recent Ranking

From 7th to 33rd in the nation, North Carolina’s legal climate fell 26 spots in the U.S. Chamber Institute for Legal Reform’s 2017 Lawsuit Climate Survey ranking, marking North Carolina’s lowest ranking since 2002. In addition to the drop in North Carolina’s overall ranking, the state’s ratings on all key legal elements evaluated by the ranking also fell. Those elements…

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New CFPB Rule Makes Personal Injury Attorneys the Real Winners

Personal injury lawyers stand to be the real winners of the Consumer Financial Protection Bureau’s (CFPB) new rule that prohibits companies from using mandatory arbitration clauses in their contracts. While the CFPB claims this anti-arbitration rule was set to protect consumers, the reality is the rule will benefit personal injury attorneys hell-bent on making a buck through class action lawsuits.…

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Bad Acting Personal Injury Lawyers Must be Stopped

For far too long, bad acting personal injury lawyers have abused our legal system, taking advantage of vulnerabilities through unethical legal practices. Specifically related to asbestos bankruptcy trust claims, these personal injury attorneys have hidden evidence of exposure in order to “double dip” damages and line their pockets. Phil Goldberg, director of the Progressive Policy Institute’s Center for Civil Justice,…

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Workers’ Compensation Reforms Saved!

After a recent ruling from the North Carolina Supreme Court threatened to decimate the workers’ compensation reforms of 2011, the aligned business community immediately got to work to save the reforms. Thanks to swift and hard fought advocacy efforts, the North Carolina General Assembly unanimously passed legislation clarifying the reforms passed in 2011. This action created a legislative fix to…

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