Paper
Why are asbestos regulations important?
EPA estimates that asbestos fibers contribute to 7,500 deaths per year in the United States. Most uses of asbestos have been banned since asbestos was found to cause lung cancer and other respiratory diseases in humans. However, it is estimated that 30 million tons of asbestos were used in thousands of building products since the late 1800s. Asbestos-containing building materials are commonly found in buildings constructed prior to the mid-1970s. The asbestos regulations currently in place are necessary to ensure that people are not exposed to airborne asbestos fibers when buildings are remodeled or demolished.
What are the statutes and regulations and to whom do they apply?
The regulations apply to remodeling or demolition projects which occur in public or commercial buildings. Private residences and apartment buildings with four or fewer dwellings are exempt from the regulations. Any project which is subject to these regulations requires a notification to the department within 10 working days prior to the start of the project.
Respondent Fibreboard Corporation, an asbestos manufacturer, was locked in litigation for decades. Plaintiffs filed a stream of personal injury claims against it, swelling throughout the 1980?s and 1990?s to thousands of claims for compensatory damages each year. Fibreboard engaged in litigation with its insurers, respondent Continental Casualty Company and respondent Pacific Indemnity Company, over insurance coverage for the personal injury claims. In 1990, a California trial court ruled against Continental and Pacific, and the insurers appealed. At around the same time, Fibreboard approached a group of asbestos plaintiffs? lawyers, offering to discuss a ?global settlement? of Fibreboard?s asbestos liability. Negotiations at one point led to the settlement of some 45,000 pending claims, and the parties eventually agreed upon $1.535 billion as the key term of a ?Global Settlement Agreement.? Of this sum, $1.525 billion would come from Continental and Pacific, which had joined the negotiations, while Fibreboard would contribute $10 million, all but $500,000 of it from other insurance proceeds. At plaintiffs? counsels? insistence, Fibreboard and its insurers then reached a backup settlement of the coverage dispute in the ?Trilateral Settlement Agreement,? under which the insurers agreed to provide Fibreboard with $2 billion to defend against asbestos claimants and pay the winners, should the Global Settlement Agreement fail to win court approval. Subsequently, a group of named plaintiffs filed the present action in Federal District Court, seeking certification for settlement purposes of a mandatory class that comprised three groups?claimants who had not yet sued Fibreboard, those who had dismissed such claims and retained the right to sue in the future, and relatives of class members?but excluded claimants who had actions pending against Fibreboard or who had filed and, for negotiated value, dismissed such claims, and whose only retained right is to sue Fibreboard upon development of an asbestos-related malignancy. The District Court allowed petitioners and other objectors to intervene, held a fairness hearing under Federal Rule of Civil Procedure 23(e), ruled that the threshold Rule 23(a) numerosity, commonality, typicality, and adequacy of representation requirements were met, and certified the class under Rule 23(b)(1)(B). In response to intervenors? objections that the absence of a ?limited fund? precluded Rule 23(b)(1)(B) certification, the District Court ruled that both the disputed insurance asset liquidated by the $1.535 billion global settlement, and, alternatively, the sum of the value of Fibreboard plus the value of its insurance coverage, as measured by the insurance funds? settlement value, were relevant ?limited funds.? The Fifth Circuit affirmed both as to class certification and adequacy of settlement. Agreeing with the District Court?s application of Rule 23(a), the Court of Appeals found, inter alia, that there were no conflicts of interest sufficiently serious to undermine the adequacy of class counsel?s representation. As to Rule 23(b)(1)(B), the court approved the class certification on a ?limited fund? rationale based on the threat to other class members? ability to receive full payment from Fibreboard?s limited assets. This Court then decided Amchem Products, Inc. v. Windsor, 521 U.S. 591, vacated the Fifth Circuit?s judgment, and remanded for further consideration in light of that decision. The Fifth Circuit again affirmed the District Court?s judgment on remand.
Held:
Другие работы по теме:
Goals Essay Research Paper A goal is
Goals Essay, Research Paper A goal is an achievement you want to accomplish. Many people have goals for certain reasons. There are many different kinds of goals such as short-term and long-term. Having goals are very important to some people because it gives them a sense of self-confidence.
The Sacrifice Essay Research Paper Aspects of
The Sacrifice Essay, Research Paper Aspects of Killing in The Sacrifice To kill does not only mean to take ones life, but instead it also carries the meaning of ending an important factor in ones life. Killing also has a lot of other meanings, but the main factor of killing leads to death there are many more the author Adele Wiseman displays the many different aspects to kill in the novel The Sacrifice, by dealing with a lot of situations that would kill an individuals heart. (I.e.
Election Ballot Problem Essay Research Paper The
Election Ballot Problem Essay, Research Paper The election of 2000 has showed America and it?s citizens a major problem in the election process. There are multiple levels of problems inside this election process. The major problem is with the way that the ballots are cast. Through out America old and tired methods are in use to record and tally the votes of Americans.
Laheys Teaching Technique Essay Research Paper Essay
Laheys Teaching Technique Essay, Research Paper Essay on Lahey? Introductory Notes After reading the introductory notes, I believe that the most important point that was presented in the notes was the definition of psychology. In order to understand the different causes and effects of psychology, you must first be able to know and understand the definition of it.
Regretfully Thankful Essay Research Paper Rachel David10400English
Regretfully Thankful Essay, Research Paper Rachel David10/4/00 English 110 Letter to the Editor Regretfully Thankful ?University of Abuse, Why are Star Athletes Getting Away with Sexual Assault?? by Jan Goodwin. Glamour, October 2000. I am glad that this issue was addressed. There are thousands of young women who are raped everyday on college campuses and, are unable to have justice served to them.
Retaining Employees Essay Research Paper An important
Retaining Employees Essay, Research Paper An important factor in retaining employees that is sometimes highly overlooked is making the employee feel that they make a difference, and the rewarding of exceptional employee performance. When searching for employment almost everyone looks for salary, benefits, and other perks but more recently another important factor is job satisfaction.
Freedom Essay Research Paper As with any
Freedom Essay, Research Paper As with any government, there is the necessity of an economy, or else the government would fail because economy is one of the basic necessities of a government. With a democracy like we have in a country of our size, managing this economy becomes a big problem. One important factor is; In a country based on freedom, how much are we willing to give up to keep the economy stable? None? A little bit? All of it? The answer is not as simple as any of those.
Johnmanvill Essay Research Paper When Did JohnsManville
Johnmanvill Essay, Research Paper When Did Johns-Manville Know? The case study titled, “When Did Johns-Manville Know?”, is primarily concerned with the issue of an employer’s liability with respect to the health and safety of its employees. This case deals specifically with how much of what an employer knows, or ought to know, about a potential hazard should be communicated to workers, and what steps the company is obligated to take in protecting workers from such dangers.
Genetic Research Must Be Regul Essay Research
Paper Genetic Research Must be Regulated Human genetics and cloning have become a subject of hot debate in the recent past. Currently there are very few restrictions or regulations on genetic research and cloning. This means that the world of genetic research is wide open. In order to control genetic research and cloning an official government run department or committee must be established.
Religion Is Important Essay Research Paper I
Religion Is Important Essay, Research Paper I think culture, religion, ethnicity is very important in one’s life. They should know where there from and who they are. Everyone comes from somewhere around the world, even if they were born in another country, they still
Puritans Essay Research Paper The Puritans developed
Puritans Essay, Research Paper The Puritans developed an ideal that could be attained by working and following what the bible. The modern American Dream is always stereotyped by money, power, and happiness. The
St Elizabeth Essay Research Paper I chose
St. Elizabeth Essay, Research Paper I chose the name Elizabeth for my confirmation name after Saint Elizabeth. I feel that she is a very important part in history.
Magnesium Essay Research Paper Magnesium is the
Magnesium Essay, Research Paper Magnesium is the twelfth element on the periodic table. It is located in the second group called the alkaline earth metals. Natural magnesium contains three different isotopes,
Legal And Regulation Essay Research Paper Legal
Legal And Regulation Essay, Research Paper Legal and Regulation Asbestos means any of the following fibrous silicates: actinolite, amosite, anthophyllite, chrysotle, crocidolite or tremolite; fibre means a fibre of asbestos that is more than five micrometres in length and less than three micrometres in width and that has a length to width ratio not less than three to one as viewed in a phase contrast optical microscope at for hundred to five hundred magnification; joint health and safety committee includes a joint health and safety committee includes a joint health and safety committee established under section 9 of the Act, a committee of like nature and the workers or their representatives who participate in an arrangement, program or system conforming to subsection 9 (4) of the Act.
2001 Space Odyssey Essay Research Paper There
2001: Space Odyssey Essay, Research Paper There are many scenes that take place in a book, some are more important than others. In the book I read over the summer, ?2001: Space Odyssey? by Arthur Clarke. A few of the scenes were very important and without them the book would have been a waste. Here are three examples of importance in scenes from my book.
Printing Essay Research Paper The printing business
Printing Essay, Research Paper The printing business is rather hard to get into because of the high prices of the equipment and the need to have a large floor room for all the machinery. Also there is usually stiff competition within a small area.
Machiavelli Essay Research Paper Machiavelli
Machiavelli Essay, Research Paper Machiavelli Machiavelli’s views revolved around the ideas that one must do anything within his (Machiavelli did not refer to ?her’) power to keep the influence and
Child Development Essay Research Paper The InfantToddler
Child Development Essay, Research Paper The Infant/Toddler program at Citrus College is a Community base program and follows Title 5 regulations. The philosophy of the Infant/Toddler program follows the teachings of Magda Gerber who taught to respect everything the child does and most of their philosophy comes from the WestEd training.
Persuasive Letter Essay Research Paper O
Persuasive Letter Essay, Research Paper O & Y Tax Service October 19, 2000 Hilda Black 622 N. Bank Lane Park Forest, IL 60045 Dear Ms. Black, Thank you for your letter describing the problems about your tax problem. I believe that I informed you of the appropriate charges on your account when you talked to me about the transition you were about to make.
Prop 63 Essay Research Paper The Official
Prop. 63 Essay, Research Paper The Official English Language Proposition 63 will make English the Official Language of the United States and I am against The official English
Research And Development
– Business Studies Essay, Research Paper Research and development is an important process for business today. Consumers needs and wants are always changing and so it is vital for the business to meet these demands with R&D to hopefully exceed customer expectations. It is also important for businesses to keep with advances such and technological and medical.
Should Abortion Be Opposed Or Not Essay
, Research Paper SHOULD ABORTION BE OPPOSED OR NOT? We, human beings, are social animals, which can not live alone. We all must live in a group because each of us depends on each other. Not only that, living in a group, you need to have rules and regulations in order to keep social stabilities and orders. There are many kinds of rules and regulations, some result in physical punishment and some result in social punishment in the form of peer disapproval.
AsbestosWhat
’s This Stuff? Essay, Research Paper ASBESTOS: WHAT IS THIS STUFF? Six months ago, my husband and I purchased a small piece of property in Manhattan, Kansas to start our own computer repair business. The property was in desperate need of remodeling, but we needed to keep expenses to a minimium in order to make any profit.
Asbestos Essay Research Paper Asbestos is the
Asbestos Essay, Research Paper Asbestos is the only natural inorganic fibrous material that has attained commercial importance, and particularly in the last twenty years. The current period after World War II has witnessed a vigorous development in all technological areas where asbestos plays a part (Oesper 1).
Demian And Desires Essay Research Paper In
Demian And Desires Essay, Research Paper In the story, Demian, desires play an important role. When Sinclaire follows his desires something good almost always comes out of it. When Sinclaire does not
Ethical Procedures And Guidelines Defining Pschycological Research
Essay, Research Paper Ethical Procedures and Guidelines Defining Pschycological Research Psychological research is often a very controversial subject among experts. Many people feel thatthere are many moral standards that are often not followed. Others may believe that there is much harmful misinformation that can often be harmful to subject and others.
My Bedroom Essay Research Paper My favourite
My Bedroom Essay, Research Paper My favourite place in the entire world is my bedroom. My bedroom and I are one. My bedroom personifies me. It is the only place that allows me to be me. My bedroom is mine. I have complete control over it and everything in it. The only regulations in my bedroom are those I decide on.
Business Ethics Essay Research Paper Business EthicsWhat
Business Ethics Essay, Research Paper Business Ethics What is business ethics? The answer to this question may be as simple as a company that complies with all the relevant rules and regulations. Or it may be more complex detailing the ways in which the corporation interacts with the world at large. The answer may also depend on who is asked the question.
Gene Therapy And Mesothelioma Essay Research Paper
Gene Therapy ? Part 1 Introduction and Mesothelioma The best way to begin this paper is to identify exactly what genes and gene therapy are. Genes are biological units of heredity. Genes determine obvious traits, like the color of your hair or eyes, and also characteristics that aren?t so obvious, such as your blood?s ability to carry oxygen through the body.
Medicare Essay Research Paper How To Fix
Medicare Essay, Research Paper How To Fix Medicare Is The Greatest Challenge. This Issue Is A Very Important One That Will Eventually Come Under Fire As We Approach That Year 2001 When Medicare Is Projected To Go Bankrupt. This Issue Might Not Be Resolved And We Could Be Seeing The End Of Medicare. I This Issue Will Get Solved Some How The Taxpayers Will Pay Medicare Out Of Trouble.