Superfund for Asbestos Liabilities: A Sensible Solution to a National Tragedy
Among the often overlooked effects of the national tragedy of asbestos-related diseases and litigation is the impact on current officers and directors of mining and manufacturing companies. Faced with the legacy of policies and practices over which they had no control and whose consequences were unknown and unforeseeable even by their predecessors, these officers and directors confront a maze of difficult and sometimes drastic corporate options as well as significant personal financial risk. As counsel for the inside directors of the Manville Corporation, we are particularly cognizant of the overwhelming problems besetting asbestos management and any company involved with massive, contingent, unliquidated claims that are subject to the vicissitudes of our litigation system. In this presentation, which suggests an industrywide, government-assisted superfund as the fairest resolution to all parties concerned in the asbestos dilemma, we rely exclusively on public record information and express our personal views and not necessarily those of our clients or our law firm.