Tort reform groups are backing a bill to reform asbestos litigation procedures, while Bryan Blevins, president of the Texas Trial Lawyers Association, is criticizing it for creating a mismatch between plaintiffs and defendants.
House Bill 1492 author Rep. Doug Miller, R-New Braunfels, told members of the House Judiciary and Civil Jurisprudence Committee there is a loophole in current law: Some asbestos plaintiffs first file a lawsuit, and, after that suit is resolved, they file a compensation claim with bankruptcy trusts. The practice creates an opportunity for fraud and “double dipping,” said Miller, adding that his bill would address the issue by requiring a plaintiff to file a bankruptcy claim first.
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