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88 Tul. L. Rev. 1039 (2013-2014)

handle is hein.journals/tulr88 and id is 1119 raw text is: Lessons Learned by the Reporter: Is Disaggregation the Answer to the Asbestos Mess? Georgene Vairo* I. INTRODUCTION.. ....................................... 1039 II. A BRIEF HISTORY OF THE ELEPHANTINE MASS ...... ......1042 Ill. THE TASK FORCE AT WORK ...........................1044 A. Iuitial Teleconferences...................... 1044 B. Tulane Meeting...........................1045 C Creation of the Task Force Web Site. .............1 050 D. DC Heahg. ............................1050 E. L.A. Hea g. .................... .......... 1056 E Next Steps................6..............164 IV CONCLUDING THOUGHTS ............................. 1065 I. INTRODUCTION Described as an elephantine mass that defies customary judicial administration,' asbestos litigation remains the longest- running mass tort in U.S. history.2 More than twenty years ago, in 1991, decades after the commencement of asbestos litigation,' a * C 2014 Georgene Vairo. David P. Leonard Professor of Law, Loyola Law School, Los Angeles. I would like to thank Anita Bernstein for her comments, as well as Albert Villaneda and Elaine Chan, both Loyola Law School Class of 2015, for their helpful research assistance. The views and comments contained in this Article are solely those of the author and are not intended or meant to represent the views of the American Bar Association (ABA), the ABA Tort Trial and Insurance Practice Section (TIPS), the TIPS Asbestos Task Force or any of its members other than the author. Any summaries of any of the testimony or materials presented to the TIPS Asbestos Task Force are also those of the author alone and are not intended or meant to represent the views of the ABA, TIPS, the TIPS Asbestos Task Force or any of its members other than the author. This Article was prepared before Judge Hodges' order in In re Garlock Sealig Technologies, LLC, in which he rejected the plaintiffs' estimation of Garlock's liability and criticized plaintiffs' conduct in asbestos litigation. 504 BR. 71 (Bankr. WD.N.C. 2014). 1. Ortiz v. Fibreboard Corp., 527 U.S. 815, 821 (1999). 2. Stephen J. Carroll et al., Asbestos Litigation, INST. FOR CIVIL JUSTICE, RAND, at vii (2005), http://www.rand.org/content/dam/rand/pubs/monographs/2005/RANDMGl 62.pdf 3. Although information about the toxicity of asbestos was well known by the 1960s, see Deborah R. Hensler et al., Asbestos in the Cowuts: The Challenge ofMass Toxic Torts, INST. FOR CIVIL JUSTICE, RAND 1 (1985), http://www.rand.org/content/dam/rand/pubs/ 1039

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