Asbestos Litigation Crisis: Hearings Before the Committee on the Judiciary, United States Senate, One Hundred Eighth Congress, First Session, March 5 and June 4, 2003U.S. Government Printing Office, 2003 - 461 páginas |
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Palavras e frases frequentes
abnormalities administrative AFL-CIO American Bar Association asbestos claims Asbestos Court asbestos defendants asbestos disease asbestos exposure Asbestos Injury Resolution asbestos liabilities asbestos litigation crisis asbestos related asbestos trusts asbestos victims asbestos-related disease asbestosis awards bankruptcy bill billion Chairman HATCH chest x-ray claims filed collateral source Committee companies compensation CONGRESS THE LIBRARY diagnosis Disease Level estimated exposed exposure to asbestos FAIR Act Fairness in Asbestos federal FEV1/FVC forecasts future asbestos future claimants future claims going hearing impairment Injury Resolution Act issue Judiciary labor legislation Libby lung cancer lung disease Manville Trust medical criteria mesothelioma non-malignant payments pending percent physician plaintiffs pleural pleural plaques problem projections proposed pulmonary function tests receive require risk Senator LEAHY sick smoking solution spirometry standard testimony Thank Tillinghast tort system tremolite trust fund U.S. SENATOR United States Senate victims of asbestos W.R. Grace
Passagens conhecidas
Página 423 - A classification having some reasonable basis does not offend against that clause merely because it is not made with mathematical nicety or because in practice it results in some inequality.
Página 421 - The problem of legislative classification is a perennial one, admitting of no doctrinaire definition. Evils in the same field may be of different dimensions and proportions, requiring different remedies.
Página 408 - L.Ed.2d 248] (1963), or where the state "law stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress.
Página 422 - In areas of social and economic policy, a statutory classification that neither proceeds along suspect lines nor infringes fundamental constitutional rights must be upheld against equal protection challenge if there is any reasonably conceivable state of facts that could provide a rational basis for the classification, (citations omitted).
Página 426 - Secretary, in promulgating standards dealing with toxic materials or harmful physical agents under this subsection. shall set the standard which most adequately assures, to the extent feasible, on the basis of the best available evidence, that no employee will suffer material impairment of health or functional capacity even if such employee has regular exposure to the hazard dealt with by such standard for the period of his working life.
Página 431 - Clause, makes it quite clear that "[n]ot only is the constitutional provision qualified by the measure of control which the state retains over remedial processes, but the state also continues to possess authority to safeguard the vital interests of its people. It does not matter that legislation appropriate to that end 'has the result of modifying or abrogating contracts already in effect.
Página 430 - Contracts, however express, cannot fetter the constitutional authority of the Congress. Contracts may create rights of property, but when contracts deal with a subject matter which lies within the control of the Congress, they have a congenital infirmity. Parties cannot remove their transactions from the reach of dominant constitutional power by making contracts about them.
Página 422 - The Constitution presumes that, absent some reason to infer antipathy, even improvident decisions will eventually be rectified by the democratic process and that judicial intervention is generally unwarranted no matter how unwisely we may think a political branch has acted.
Página 431 - It does not matter that legislation appropriate to that end has the result of modifying or abrogating contracts already in effect. Not only are existing laws read into contracts in order to fix obligations between the parties, but the reservation of essential attributes of sovereign power is also read into contracts as a postulate of the legal order.
Página 419 - No person has a vested interest in any rule of law entitling him to insist that it shall remain unchanged for his benefit.