California and Asbestos Lawsuits

n addition to implementing asbestos safety measures, California has long been one of the leading jurisdictions for asbestos lawsuit filings. Early asbestos lawsuits were generally filed in areas, including California, where significant numbers of workers had been exposed to asbestos. In the 1970s and 1980s, California was one of four states that accounted for more than 60 percent of state asbestos case filings. By 2000, the majority of asbestos filings occurred in a handful of other states, such as Texas.
Not all of these new case filings resulted in verdicts (e.g., they were dismissed or settled). However, from 1993 through 2001, California was among five states that accounted for 65 percent of asbestos trials that ended in verdicts.
Since 2000, some states with a significant amount of asbestos lawsuits began enacting laws to limit new filings. California has not enacted similar laws. Meanwhile, some of the state's courts have reportedly experienced increases in the number of asbestos case filings by both in-state and out-of-state claimants each year.
Although California has not enacted some of the reform laws that have been popular in other states, its courts have taken other measures to manage large asbestos caseloads and expedite claims by extremely ill patients. For instance, a "fast-track" scheduling approach allows cases of terminally ill patients to go to trial in 120 days. In addition, at least some judges actively encourage the parties to resolve cases quickly through trial or settlement.