Act Now for Asbestos Litigation Reform
Senate Majority Leader Frist announced that in September, he will schedule asbestos litigation reform legislation for a vote. This legislation would tremendously benefit the building material supply industry. First, retailers with less than one million dollars in asbestos-related legal costs will have all future lawsuits handled by a no-fault Workers’ Compensation-type system free of charge. Second, if a supplier has one million dollars in asbestos related liability costs, the fund will charge that business a predetermined amount of money to cover the cost of all asbestos lawsuits. This will provide stability to those businesses that have been unable to plan for asbestos lawsuit costs.

1. Please FAX the following letter to your two U.S. Senators asking for their support of asbestos litigation reform. A copy of the letter can be found on the NRLA Web site at www.nrla.org. Contact information below:
Sen. Hillary Clinton (fax # on letter)
Sen. Charles Schumer*
*NRLA has been informed that Senator Schumer’s fax machine in Washington is chronically busy. Therefore, we offer the following alternative fax numbers:
Albany: 518-431-4076 | Binghamton: 602-772-8124 | Buffalo: 716-846-4113
Melville: 631-753-0997 | NYC: 212-486-7693 | Rochester: 585-263-3173
Red Hook: 845-758-1043 Syracuse: 315-423-5185

2. Please fax a copy to Rita Ferris at (518) 286-1949, or e-mail a copy to rferris@nrla.org. Thank you.

Aug. 11, 2005

The Honorable Hillary Clinton
United States Senate
Washington, D.C. 20510
VIA FAX: 202-228-0282

The Honorable Charles Schumer
United States Senate
Washington, D.C. 20510
VIA REGIONAL OFFICE FAX

Dear Senators Clinton and Schumer:

I am writing to request your support of the Fairness in Asbestos Injury Resolution Act of 2005 (the “FAIR Act”). Over the past five years, the building material supply industry has been hit hard with asbestos lawsuits. Generally, the lawsuits are filed on the basis that a supplier may have sold materials containing asbestos, which later made the purchaser ill. Industry surveys have shown that over the past five years, the number of asbestos lawsuits against suppliers has increased significantly, and some businesses have been named in multiple lawsuits. The trend is alarming and causes immediate instability and concern for small businesses.

In September, S.852, the “FAIR Act,” will be raised for a vote. The bill would create a medical criterion to ensure that only the truly sick receive compensation. This component would pay for injuries based on the severity. In addition, it will establish a no-fault victims' compensation fund to ensure that victims get fair compensation quickly. This component is important because approximately 66% of asbestos awards are spent on legal defense and associated costs.

Last, but not least, the “FAIR Act” moves lawsuits outside the tort system. The creation of an administrative system gives victims clear expectations about their future and allows businesses to proceed with their plans without fear of legal unknowns.

As a true small business owner, I want to let you know of my strong support for this legislation. I urge you to support and do all you can to help pass the asbestos trust fund solution that is embodied in the Fairness in Asbestos Resolution (FAIR) Act, S. 852. Thank you for your consideration.

Sincerely,

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