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Bankruptcy Reduces the Likelihood That Interrogatories and Depositions in Subsequent Tort Cases Will Identify Exposure to the Asbestos-Containing Product of a Bankrupt Party

• The absence of information on such products complicates the determination of compensation for plaintiffs and payments by solvent defendants.

Plaintiffs' Exposure to the Asbestos-Containing Product of a Bankrupt Firm Is Identified Less Frequently Than Before Bankruptcy

• The longer the time between a firm's bankruptcy and the date a tort case is filed, the lower the likelihood that the bankrupt firm's products will be identified in the tort case.

Exposures Identified During Depositions Do Not Offset a Decline in Product Identification in Interrogatories

• During depositions, defendants do little to counter the decline in the number of firms identified in interrogatories by exploring exposures to bankrupt parties not identified in interrogatories.

Views Are Sharply Divided About Whether These Findings Are a Cause for Concern

• Plaintiffs' attorneys said that the system is working.
• Defense attorneys believe that a falling rate of product identification postbankruptcy is of major concern.