Under the existing judicial system in America, asbestos litigation has reached epidemic proportions. It is extravagantly expensive and grotesquely inefficient. Conceivably billions of dollars are at stake in this group effort, and the fair treatment of thousands of very sick people, and thousands more who one day will be ill as a result of asbestos, may turn on the success of this private initiative (the Wellington Group) to design a private agency that will fairly and effectively manage the bulk of asbestos claims and asbestos product liability litigation. Section I provides background information on the asbestos problem: from the material itself, to the health danger it poses, and the litigation and costs that result. Section II covers the purpose and dynamics of the Wellington Group in their search for solutions to the problems encountered in asbestos litigation. Finally, Section III begins by explaining the bargaining process between the various parties involved in asbestos litigation, before moving on to describe the private administrative group they hope to develop to handle asbestos cases.
Harry H. Wellington, Asbestos: The Private Management of a Public Problem, 33 Clev. St. L. Rev. 375 (1984-1985)