Trial Lawyer "Double Dipping" Stopped

Legislation that would halt the practice of “double-dipping” by plaintiff’s attorneys in asbestos lawsuits is now law. Pubic Act 100 of 2018 will make it more difficult for trial lawyers to name anyone and everyone they can find as defendants in an asbestos injury lawsuit in an attempt to shake down small business. Before PA 100, trial lawyers would sue in state court and then, after an award was made, go on to file the same lawsuit at the federal level and claim the same damages. As NFIB pointed out during testimony in support of the legislation, because the large corporations that caused most of the problem are bankrupt and cannot be sued under the terms of the federal settlement trust agreements, plaintiff’s attorneys target small businesses in state court that cannot afford to defend themselves and try to wring a settlement out of them. Now, lawyers have to disclose all other litigation related to the case so a jury can determine who is really at fault.