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Dr. Charles Mullin invited to speak on the proposed FAIR Act legislation at the American Legislative Exchange Council Summit

WASHINGTON, D.C., December 28, 2005—Dr. Charles Mullin, a Bates White Partner, was invited by the American Legislative Exchange Council (ALEC) to participate in its 2005 States and Nation Policy Summit. Dr. Mullin participated in a panel that discussed the Fairness in Asbestos Injury Resolution (FAIR) Act (“The FAIR Act: An Economic Analysis”). The three-day summit was held the week of December 5, 2005 in Washington, D.C.

Dr. Mullin explained why the Trust Fund proposed under the FAIR Act is not financially viable in its current form and would go bankrupt in a few years. He illustrated how the FAIR Act establishes an entitlement for compensation to large numbers of lung and other cancer patients who currently do not have a valid tort claim. Whereas lung cancer claimants face the prospect of jury trials in today’s tort system—where they need to establish asbestos as the likely cause of their cancer—the FAIR Act replaces this with a contributing factor standard of proof. The result is that the $140 billion in receipts specified in the FAIR Act are not sufficient to cover the number of lung and other cancer claimants who could potentially file against the Fund. The other panel members were Dr. Denise Martin (NERA), Jeff Dircksen (National Taxpayers Union), and James Stengel (Orrick).

ALEC’s summit attracted 300 state legislators to discuss critical issues facing the states and nation. Issues ranged from tort reform to homeland security to education reform. ALEC State Legislators shared their knowledge and experience with each other, as well as heard from national leaders, renowned policy experts, and business executives.

The American Legislative Exchange Council is the nation’s largest nonpartisan, individual membership organization of state legislators, with over 2,400 legislator members from all 50 states and 96 former members serving the U.S. Congress.

Click here to access Bates White’s testimony on the FAIR Act.

About Bates White
Bates White is a national economic consulting firm of more than 150 professionals. Established in 1999, Bates White offers consulting services in economics, finance, and business analytics. Bates White has offices in Washington, D.C., and San Diego, Calif.

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