ABSTRACT
This chapter discusses the use of asbestos in the United States, the emergence of asbestos compensation and its developments, with particular attention to the various waves of litigation and the controversy that they generated. With regard to the first aspect of asbestos compensation expansion, some of the plaintiff firms used litigation screening to recruit as many clients as possible. Legislative efforts to resolve asbestos litigation date back to the emergence of the second wave of litigation. The immune system of the litigation process was expected to deliver global settlements as antibodies would not only reduce pending litigation but also address the problem of future victims' compensation. While all attempts to legislate asbestos compensation at the federal level fell short of becoming federal law, proponents of asbestos legislation were more successful at state level. Bankruptcy trusts are another contested area of asbestos compensation. Critics point to victim overcompensation, unequal treatment among claimants, and fair involvement of insurers.
