Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
A Case for Why Silica Litigation Is Not the 'Next Asbestos'
One year ago, newspaper headlines in publications such as The Wall Street Journal and The New York Times sounded the alarm that litigation involving injury or disease attributed to silica could be the “Next Asbestos.” (Jonathan D. Glater, Suits on Silica Being Compared to Asbestos Cases, N.Y. Times, Sept. 6, 2003 at C1; Susan Warren, Silicosis Suits Rise Like Dust, Wall St. J., Sept. 4, 2003.) Since then, many legal and insurance industry commentators have tracked the growing number of silica claims. At the same time, the business and investment communities have taken a closer look to determine whether silica liabilities will present financial risk profiles similar to that experienced in the asbestos mass tort arena.
If the impact of silica litigation ultimately follows the same path as asbestos litigation in this country, it will exacerbate what the U.S. Supreme Court has called an “elephantine mass” of asbestos litigation that “defies customary judicial administration.” The crushing volume and weight of asbestos liability is not, however, limited to strictures in the administration of the U.S. civil justice system; it also imposes staggering, and sometimes unanticipated, financial burdens on a broad array of industries and companies. Indeed, asbestos litigation to date has already prompted the outlay of many billions of dollars in verdicts, settlements, and litigation fees and costs.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.