ARTICLE · 17 JUNE 2009

Snapshot Of Recent Trends In Asbestos Litigation

NERA

Explore more from NERA

Over the past few years, the asbestos litigation environment has undergone many changes, including legislative and judicial tort reform, judicial investigations into the quality of supporting medical evidence, and a heightened scrutiny of the documentation accepted by several larger asbestos trusts.

United StatesLitigation, Mediation & Arbitration

Author LinkedIn connections

Article by Lucy P. Allen and Mary Elizabeth C. Stern*

Over the past few years, the asbestos litigation environment has undergone many changes, including legislative and judicial tort reform, judicial investigations into the quality of supporting medical evidence, and a heightened scrutiny of the documentation accepted by several larger asbestos trusts. To analyze recent trends in filings and settlements in light of these structural changes, we compiled data on asbestos-related claims during the period 2001 through 2008 for over 150 solvent defendants who report claims in their public filings.¹ The observations reported below are based on public data and may differ for an individual defendant.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

Inside Arbitration Issue 22: Perspectives On Cross-border Disputes

GlobalLitigation, Mediation & Arbitration

Herbert Smith Freehills Kramer LLP

Three Strikes And You’re Out – Sort Of

United StatesLitigation, Mediation & Arbitration

Greenberg Traurig

Maritime Claims Against Tour Operators

United StatesLitigation, Mediation & Arbitration

Morgan & Morgan

Federal Circuit Dismisses Non-Infringement Appeal Of Only Certain Patent Claims, Denies Judge Reassignment

United StatesLitigation, Mediation & Arbitration

Finnegan, Henderson, Farabow, Garrett & Dunner LLP

Ninth Circuit Rejects Presumption Of Classwide Exposure To Online Advertising

United StatesLitigation, Mediation & Arbitration

Barnes & Thornburg LLP

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

Comparative Guide

Litigation

Comparative Guide

International Arbitration

Comparative Guide

Class Actions

See more popular content from

Litigation, Mediation & Arbitration

Tenth Circuit Stays Nationwide Eligibility Injunction For Class Of 2022 In Wisne v. NCAA

On August 21, 2026, the Tenth Circuit granted the NCAA’s stay request in Wisne v. NCAA, temporarily restoring the NCAA’s age-based eligibility rules pending resolution of the appeal. Three weeks earlier, Judge Sweeney of the District of Colorado had issued a nationwide injunction that permitted athletes in the Class of 2022 to pursue a fifth year of eligibility.

United StatesLitigation, Mediation & Arbitration

Buchanan Ingersoll & Rooney

The Largest Class Action Settlements In U.S. History

The top ten largest class action settlements in securities cases in the U.S. have recouped tens of billions of dollars in damages.

United StatesLitigation, Mediation & Arbitration

Miller Shah LLP

Scrutiny Of AI At The Bar: States Expand Efforts To Limit AI Misuse In Courts

This monthly newsletter examines critical developments in product liability and mass tort litigation, including FDA guidance on PFAS in medical devices, state-level AI regulation in legal practice...

United StatesLitigation, Mediation & Arbitration

“LEGAL ANALYSIS SO POOR THAT IT HARDLY DESERVES THE LABEL”: Fifth Circuit COA Destroys Federal Judge For Using AI And I Cannot Believe Lawyers Are Still Using This Junk

A Fifth Circuit Court of Appeals ruling harshly criticizes a federal district judge for relying on AI-generated content in legal orders, revealing fabricated facts and poor legal analysis. The decision raises critical questions about the use of generative AI in legal practice and whether lawyers who adopt such technology are compromising their ethical obligations of competence, confidentiality, and integrity.

United StatesLitigation, Mediation & Arbitration

Troutman Amin LLP

Federal Court Splits On Disclosure Of Expert Witness AI Prompts

Two federal courts have reached opposing conclusions on whether expert witnesses must disclose their AI prompts during discovery. While one court treats prompts as discoverable methodology, another protects them as mental impressions while requiring disclosure of AI-generated outputs the expert consulted.

United StatesLitigation, Mediation & Arbitration

What Investigating The Camp Mystic Flood Taught Me About Neutral Analysis

On the morning of July 4, 2025, catastrophic flooding on the Guadalupe River took 135 lives across the Texas Hill Country. Twenty-eight of them—25 school-aged campers, two young counselors and the camp's co-executive director—were at Camp Mystic, a century-old girls' camp near Hunt.

United StatesLitigation, Mediation & Arbitration

Show Your Work: California Federal Court Denies Preliminary Approval Of Data Breach Class Action Settlement

A federal court in California denied preliminary approval of a $2.3 million data breach settlement affecting over 220,000 individuals, finding seven critical deficiencies in the proposed agreement. The decision highlights the rigorous scrutiny courts apply to class action settlements, particularly regarding claims-made distribution processes, inadequate documentation of settlement value, and unexplained disparate treatment among class members.

United StatesLitigation, Mediation & Arbitration

Duane Morris LLP

California Federal Court Denies TikTok’s Motion To Dismiss Children’s Privacy Claims Based On Prior Class Action Settlements

A federal court rejected TikTok's attempt to use two prior nationwide class action settlements—totaling over $93 million—to dismiss new privacy claims brought by minors alleging violations of the Children's Online Privacy Protection Act. The ruling hinged on whether the current plaintiffs were demonstrably members of the earlier settlement classes based solely on the pleadings, raising critical questions about the scope and enforceability of broad settlement releases in successive privacy litiga

United StatesLitigation, Mediation & Arbitration

Duane Morris LLP

Supreme Court To Review Constitutionality Of Federal Home-Distilling Ban

The U.S. Supreme Court will review a constitutional challenge to an 1868 federal law banning home distilleries, creating an opportunity to resolve a circuit split between the 5th and 6th Circuit Courts of Appeals. The case centers on whether the prohibition violates the Constitution's Taxation Clause or represents a legitimate exercise of congressional power to prevent tax evasion.

United StatesLitigation, Mediation & Arbitration

Taft, Stettinius & Hollister LLP

Venture Global Update: Galp Prevails In Latest LNG Commissioning Dispute

An ICC tribunal has ruled in favor of Galp in its dispute with Venture Global over the Calcasieu Pass LNG facility, finding that Venture Global breached its obligation to declare the facility operational in a timely manner. This decision adds to a series of contrasting outcomes in similar disputes involving other buyers, with damages yet to be determined in a hearing scheduled for 2027 or 2028.

United StatesLitigation, Mediation & Arbitration