On the recordNovember 13, 2013
One of the principal issues discussed over the course of three separate hearings before the Judiciary Committee was the existing impediments to information contained in the asbestos trusts. In particular, these impediments include obstacles that asbestos trusts institute against the prosecution of valid State court subpoenas for trust information. The FACT Act addresses these issues by requiring affirmative, minimal disclosures from asbestos trusts and allowing for access to additional information at the cost of the requesting party. The amendment does not address these underlying problems and instead places broad additional burdens on defendants seeking to prosecute discovery requests in State courts. Specifically, it requires defendants potentially to comply with a host of unrelated requests from unknown parties. These defendants include small businesses that played a very minor role, if any, in asbestos manufacturing, but are the last wave of companies in the plaintiffs' firms never-ending search for a solvent defendant. The burden this amendment imposes on a defendant is highly atypical, unnecessary, and would unduly impair a party's ability to assert a defense. The FACT Act, by contrast, provides transparency where previously it did not and provides defendants with the same access to information as plaintiffs.…





