Washington–This week's failure of the Senate Republicanleadership to surmount a parliamentary hurdle on asbestos trustfund legislation means that the most realistic hope for reform liesin legislation requiring victims to document their medicalcondition before suing for damages.

While the death rattle for the trust fund legislation crafted sopainstakingly by Sen. Arlen Specter, R-Pa., might extend forseveral weeks, the consensus of lobbyists, members of Congress andstaffers is that S. 852–the Fairness in Asbestos Injury Resolution(FAIR) Act–has little likelihood of being enacted.

However, while the bill is most likely dead, one source saidthat its opponents in the industry are “confining their celebrationto the phone booth or closet.” They are concerned, the source said,that public glee would spur Sen. Specter to accelerate even furtherhis efforts to get his bill through. “He is a resourcefulnegotiator whom everyone respects, and no one wants to take himon.”

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