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Asbestos victims and aftermath
As part of their business, the company was one of the first to industrialise asbestos,[1] and its eventual demise in 2001 became entangled with issues of asbestos litigation. Asbestos-related disease had itself become recognised due to a coroner's report into the death of Nellie Kershaw, a worker at their factory, in 1924, and various parliamentary inquiries and reports into asbestos-related disease thereafter. The company had directed their lawyers to strongly defend all such claims, due to the risk of litigation.[14]
Following the demise of the business, UK victims of the company's asbestos pollution, such as those near to the former J.W. Roberts factory in Armley, Leeds, were offered a fraction of the compensation to which they were entitled.[15]
The T&N Subfund of the Federal-Mogul Asbestos Trust[16] was organised to process, liquidate, and pay all valid Asbestos Trust claims for which the T&N Entities have legal responsibility. The trust was created December 27, 2007 as a result of the confirmation of The Federal-Mogul Chapter 11 Joint Plan of Reorganization.[17] The purpose of the trust is to provide fair, equitable and substantially similar treatment for all Trust claims that may presently exist or may arise in the future in substantially the same manner.[18]
The Trust Distribution Procedures (TDP) approved by the bankruptcy court provide for resolving all asbestos-related personal injury and death claims caused by conduct of, and/or exposure to products for which Federal-Mogul Entities are responsible in the manner set forth for the specific Federal-Mogul Entity.[19]
For claimants whose principal exposure to asbestos was in the United Kingdom or one of several other non-US countries, a UK Asbestos Trust was established to