ATRA recognizes Alabama's asbestos litigation reform as pioneering

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Geneva Carney Manager, Office & Member Services | American Tort Reform Association

The American Tort Reform Association (ATRA) has recognized Alabama as a “Tort Reform Trailblazer” in its latest Legislative HeatCheck report, commending the state for passing significant asbestos litigation reform.

“Alabama’s efforts during the recent legislative session make the state a national leader in reining in lawsuit abuse,” said Tiger Joyce, ATRA president. “Alabama lawmakers took a stand against the trial bar’s agenda by prioritizing affordable access to justice for residents and businesses alike, proving that they are ‘Tort Reform Trailblazers.’”

ATRA expressed optimism about Alabama legislators beginning comprehensive legal reform and encouraged continued efforts into 2025 to pass further legislation.

Senate Bill 104, sponsored by Republican lawmakers Sen. Josh Carnley and Rep. Troy Stubbs, introduces transparency mandates aimed at preventing unsubstantiated claims from burdening Alabama’s courts.

“For too long, asbestos litigation has been a lucrative business model based on naming every remotely possible defendant without sufficient proof,” Joyce stated. “Alabama’s reforms will filter out frivolous claims and ensure only plaintiffs with credible evidence can proceed.”

The new law requires plaintiffs to file any potential asbestos bankruptcy trust claims upfront and share those materials with defendants. Courts must dismiss claims against companies if plaintiffs fail to properly identify their products as exposure sources.

“These reforms give businesses a fighting chance against being named in every lawsuit seeking to hit the jackpot,” Joyce added.

Excessive tort costs impose an annual “tort tax” of $785 on every Alabama resident while eliminating 36,473 jobs from the state economy.

“This year’s reforms will help to create a more even playing field in the Yellowhammer State and reduce the overall economic impacts of excessive tort costs,” Joyce noted. “Lawmakers passed common-sense requirements for asbestos exposure claims, representing a model for restoring balance and fairness to state civil justice systems.”

ATRA’s Legislative HeatCheck report evaluates selected states’ progress in enacting meaningful tort reform measures during their most recent legislative sessions. Alongside Alabama, Indiana and West Virginia were also named “Tort Reform Trailblazers.” The full report is available at heatcheck.atra.org.