Dubious Distribution: Asbestos Bankruptcy Trust Assets and Compensation
By Marc Scarcella and Peter Kelso for the U.S. Chamber Institute for Legal Reform
Dubious Distribution: Asbestos Bankruptcy Trust Assets and Compensation, shows that of $40 billion contributed to asbestos trusts between 2004 and 2016, $25 billion remain. In fact, of the 35 asbestos trusts operating as of early 2008, 21 of them are currently paying an average of only 60 percent of what they paid that year. The report also points out that most trusts have no contingency fee caps, and allow plaintiffs’ attorneys to collect 40 percent or more of claims paid out.
This research delves into the details of asbestos trust expenses and claim payment. The paper concludes that the depletion of trust assets will result in the systematic under-compensation of legitimate asbestos victims in the future if left unabated.
To request a complimentary copy of this paper, written by Roux’s Marc Scarcella and Peter Kelso of our Economic & Complex Analytics Practice, please click below:
Roux’s Economic & Complex Analytics (ECA) team is nationally recognized for its expertise in helping clients evaluate the legal, scientific, and financial risks associated with environmental, mass tort, and product liability litigation. Our ECA experts have analyzed a diverse set of environmental and product liability risks, including asbestos, benzene, talc, perfluorooctanoic acid (PFOA), polychlorinated biphenyls (PCBs), diacetyl, silica, isocyanate, pharmaceutical and medical devices, and many others. Overall, our analysts work to reduce risks for our clients through better forecasting and predictive modeling. Read more here
Wednesday, April 25 – Friday, April 27 Roux will be sponsoring and speaking at the annual Environmental and Emerging Claim Manager Association (EECMA) Conference being held in Orlando, Florida. EECMA members are focused on continued education (with CLE/CE credits) about the many issues surrounding emerging risks, environmental, asbestos, and other long-term exposure litigation that continues to challenge insurers and policyholders.
On Thursday (Day 2), Roux’s Lydia R. Dorrance, Ph.D. and Marc Scarcella will be presenting “The Triple Threat from PFAS-related Chemicals: Toxic Tort, Product Liability, and Environmental Cleanups” alongside George Buermann, Esq. and Susan Smith, Esq. of Goldberg Segalla.
For more information, please click here for the full conference agenda and read more here.
Wednesday, April 11 Perrin Conferences’ annual Insurance Coverage & Allocation Issues Conference is taking place in Philadelphia. This conference features a wide range of speakers and experts in litigation, insurance, and economic issues. Additionally, the conference offers approximately 7.0-8.4 CLE credit hours depending on the state.
Roux’s Marc Scarcella, Economic & Complex Analytics Practice Area Leader and Principal, will speak as part of a panel on Emerging Liabilities Entering the Litigation Landscape. This session will cover the opioid crisis, sports-related head trauma litigation, emerging risks of Perfluoroalkyl and Polyfluoroalkyl (PFAS/PFOA) substances, and more.
Click here for registration and more information, and see the full conference agenda here.
Wednesday, November 15 – Friday, November 17 Perrin Conferences sets the standard in the professional education industry as the place to learn, network, and conduct business. Perrin’s National Construction Defect (CD) Conference will open with a Networking Cocktail Reception on the evening of Wednesday, November 15th. The conference will be a full day on Thursday, November 16th and a half day on Friday, November 17th.
On Thursday, Roux’s Marc Scarcella, Principal and ECA Practice Leader, will be speaking as part of the conference’s panel on “East Coast Versus West Coast Jurisdictional Update in CD Law,” including discussion of the following topics:
- National Trends in Construction Defect Claims
- Catastrophic Storms and the Impact on Construction Defect Claims
- Anti-Indemnity Statutes
- Co-Carrier Contribution
- Chapter 558 versus SB800
- Criminal Culpability in CD Claims
To learn more, download the conference brochure or register here.
Check out some of our upcoming webinars, along with events and exhibits.
Roux Complimentary Webinar:
Property Transfer Environmental Due Diligence: Regulations vs. Reality
Monday, November 13th • 2:00pm EST
Presented by Mitch Wiest, Principal Hydrogeologist
Roux Complimentary Webinar:
Renewable Energy Production on Contaminated Properties
Monday, November 20th • 2:00pm EST
Presented by Meredith Harris, P.E., Principal Engineer
The Knowledge Group Webinar:
Post-Confirmation Liquidation and Litigation Trusts in Business Bankruptcies: What Lies Ahead in 2018
Wednesday, December 13th • 3:00pm EST
Presented by Marc Scarcella, Principal and Economics Practice Leader
- 2017 CLM Bermuda Chapter Education & Networking Event
Tuesday, November 7th in Hamilton, Bermuda
Peter Alvey, P.E., Vice President, Principal Engineer Speaking
- 19th Annual New England Area Professional Development Conference & Exposition
Tuesday, November 7th – Wednesday, November 8th in Southbridge, MA
Roux to Exhibit
- NAIOP – The Office Evolution 2017
Thursday, November 9th – Friday, November 10th in Brooklyn, NY
Roux to Sponsor
- Perrin – National Construction Defect Conference
Wednesday, November 15th – Friday, November 17th in Fort Lauderdale, FL
Marc Scarcella, Principal and Economics Practice Leader Speaking
- Brownfields 2017 Conference
Tuesday, December 5th – Thursday, December 7th in Pittsburgh, PA
Amanda Ludlow, Principal Scientist Presenting
- ICSC – New York Deal Making Event
Wednesday, December 6th – Thursday, December 7th in New York, NY
Roux to Exhibit
Defending Lead Cases: Strategies and Tactics for a Trending Toxic Tort
Wednesday, October 25th • 1:00pm – 2:30pm (Central) • Hosted by DRI
Please join DRI’s Toxic Tort & Environmental Law Committee for an informative webinar featuring Susan E. Smith, Partner at Goldberg Segalla; James B. Slaughter of Beveridge & Diamond; Patrick T. Connor, Technical Director at CONNOR; and Marc Scarcella and Adam Love, Ph.D. of Roux Associates. Personal injury claims from lead exposure involve very serious allegations of permanent brain injuries to children with huge damage claims. Fueled by the Flint, Michigan crisis, lead lawsuits are rapidly expanding from lead paint claims to alleged lead exposure from drinking water, groundwater, soil, and airborne media. This presentation will highlight the leading cases, and current exposure and causation theories. The panel of experienced lead defense trial lawyers and experts will explain the legal and scientific defenses to lead claims and damages. They will also review the complex web of statutes and regulations governing lead and how clients can limit their risk of lead claims.