Washington–This week's failure of the Senate Republican leadership to surmount a parliamentary hurdle on asbestos trust fund legislation means that the most realistic hope for reform lies in legislation requiring victims to document their medical condition before suing for damages.

While the death rattle for the trust fund legislation crafted so painstakingly by Sen. Arlen Specter, R-Pa., might extend for several weeks, the consensus of lobbyists, members of Congress and staffers 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 said that its opponents in the industry are “confining their celebration to the phone booth or closet.” They are concerned, the source said, that public glee would spur Sen. Specter to accelerate even further his efforts to get his bill through. “He is a resourceful negotiator whom everyone respects, and no one wants to take him on.”

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