In a much-needed effort to assure disclosure of individual claim submissions to asbestos trust settlements created from corporate bankruptcies, Congress is considering action.  For any company sued for asbestos disease claims, it would seem a matter of fundamental fair play that the plaintiff be required to disclose the information contained in any claim filed with an asbestos settlement trust.  And yet plaintiff lawyers resist disclosing such information.  Are the allegations in a pending lawsuit consistent with representations made to one or more trusts with respect to date of diagnosis, products involved, and the nature of any alleged exposure?  All these basic facts should be consistent.  But if they are not and there are inconsistencies, perhaps someone is playing fast and loose with the truth.  

Obtaining this information from the trusts is very difficult and the information is rarely voluntarily produced by plaintiff lawyers.  One can but wonder why.  Plaintiff lawyers oppose such disclosure proposals, citing defendants’ intent to delay and frustrate pending cases.  Our experience is that trust data has no impact on how fast cases move through the court system.