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Asbestos Lawsuit 2026: Payouts, Claims and Deadlines

lawdrafted.com
On: May 10, 2026 |
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An asbestos lawsuit is a legal claim filed by someone who developed a serious illness after being exposed to asbestos. In 2026, these cases continue to produce substantial settlements and jury verdicts, with individual payouts regularly exceeding $1 million for mesothelioma diagnoses.

If you or a family member got sick from asbestos, you have real legal options. This article covers every angle: settlement amounts, class action status, trust fund claims, filing deadlines, tax questions, and funding while you wait.

Here’s something most people don’t realize. Over $30 billion sits in asbestos bankruptcy trust funds right now, and a large portion goes unclaimed every year.

Whether you’re a former construction worker, a veteran, or a family member of someone who passed from an asbestos disease, this guide breaks down what matters for 2026.


What Is an Asbestos Lawsuit

An asbestos lawsuit is a legal action brought by a person who was harmed by asbestos exposure, typically resulting in mesothelioma, asbestosis, or lung cancer. These lawsuits hold manufacturers, employers, and property owners accountable for exposing people to a known carcinogen.

Asbestos was widely used in construction, shipbuilding, automotive parts, and insulation from the 1930s through the 1980s. Companies knew about the health risks for decades but kept using it. That’s why courts have consistently ruled in favor of victims.

There are two main types. Personal injury lawsuits are filed by the person who is sick. Wrongful death lawsuits are filed by surviving family members after the victim passes away.

Most asbestos lawsuits today are filed as individual claims, not class actions. This matters because individual claims tend to produce much higher payouts. The reason is simple: each person’s exposure history, diagnosis, and damages are unique.

Lawsuit TypeFiled ByCommon Diagnosis
Personal InjuryThe sick individualMesothelioma, asbestosis, lung cancer
Wrongful DeathSurviving family membersAny asbestos disease causing death
Trust Fund ClaimPatient or familyAny qualifying asbestos disease

In 2026, asbestos litigation remains one of the largest mass tort categories in the American legal system. Courts in states like Illinois, California, Texas, and New York handle the majority of these filings.


Asbestos Class Action Lawsuit in 2026

There are no active asbestos class action lawsuits being certified in 2026. Courts stopped certifying asbestos cases as class actions decades ago because every victim’s exposure, illness, and damages differ so significantly.

This is a common source of confusion. People search for “asbestos class action lawsuit 2026” expecting to join a group case. But the legal system treats each asbestos victim as an individual with unique circumstances.

The shift away from class actions actually helps victims. Individual lawsuits and trust fund claims typically result in far larger payouts than class action settlements, where compensation gets divided among thousands of claimants.

What does exist in 2026 are:

  • Individual personal injury lawsuits against asbestos manufacturers
  • Wrongful death lawsuits filed by families
  • Bankruptcy trust fund claims against companies that went bankrupt due to asbestos liabilities
  • Veterans’ claims through the VA and related legal channels

Think of it like this. A class action is a bus where everyone rides together and splits the gas money. An individual asbestos lawsuit is your own car, going exactly where you need to go, with the full tank paid for by the defendant.

In 2026, the focus is squarely on individual filings and trust fund claims. Both paths remain active and well-funded.


Asbestos Class Action Lawsuit Explained

A class action lawsuit asbestos case would group many plaintiffs together into one legal action, with shared legal representation and a single settlement pool. In practice, this approach was tried in the 1990s and largely abandoned.

The landmark case that changed everything was Amchem Products v. Windsor (1997). The U.S. Supreme Court ruled that asbestos cases were too varied for class action treatment. Different plaintiffs had different diseases, different exposure levels, and different defendants.

Since that ruling, nearly all asbestos litigation has proceeded as individual cases or through bankruptcy trust fund systems created under Section 524(g) of the U.S. Bankruptcy Code.

FeatureClass ActionIndividual Asbestos Lawsuit
Payout per personLower (split among group)Higher (based on your case)
Control over your caseMinimalFull
TimelineCan be faster12 to 36 months typically
Currently availableNo (for asbestos)Yes
Average settlementVaries widely$1M to $2.4M for mesothelioma

If someone tells you there’s an asbestos class action you can join in 2026, that’s inaccurate. Your claim will be handled individually, and that’s actually better for your wallet.

Key Takeaway: Asbestos cases in 2026 are handled as individual lawsuits or trust fund claims, not class actions, which typically means higher compensation for each victim.


Asbestos Lawsuit Settlement Amounts

Asbestos lawsuit settlement amounts in 2026 range from $1 million to $2.4 million on average for mesothelioma cases, according to data from major asbestos litigation firms. Jury verdicts can go much higher, sometimes exceeding $10 million.

Settlement amounts depend on several factors. Your diagnosis is the biggest one. Mesothelioma cases consistently produce the highest payouts because of the disease’s severity and clear link to asbestos.

Other factors include:

  • Type of disease (mesothelioma pays more than asbestosis)
  • Extent of exposure and number of responsible companies
  • State where the case is filed (some states are more plaintiff-friendly)
  • Age and overall health of the victim
  • Lost wages and medical expenses already incurred
  • Whether the case goes to trial or settles before
DiagnosisAverage Settlement RangeAverage Jury Verdict
Mesothelioma$1M to $2.4M$5M to $11.4M
Lung Cancer (asbestos-related)$300K to $1M$1M to $5M
Asbestosis$100K to $600K$500K to $2M
Pleural Disease$50K to $400K$200K to $1M

These numbers reflect 2025 and early 2026 data. Settlement amounts have been trending upward over the past five years as asbestos company defendants face increasing pressure from courts.

One thing to keep in mind: settlements are not guaranteed. The amount you receive depends entirely on the strength of your specific case and the evidence tying your illness to asbestos exposure.


How Much Is an Asbestos Lawsuit Payout

The average asbestos lawsuit payout for mesothelioma in 2026 is approximately $1 million to $1.5 million for settlements and significantly more for cases that go to verdict. Trust fund payouts add additional amounts on top of lawsuit settlements.

Your actual payout depends on whether you settle, go to trial, or file trust fund claims. Most victims do a combination of all three. It’s not one or the other.

Here’s how the math can stack up for a mesothelioma patient:

  • Lawsuit settlement: $1M to $2M from one or more defendants
  • Trust fund claims: $50K to $400K from each qualifying trust (multiple trusts possible)
  • VA benefits (for veterans): Monthly disability compensation
  • Total combined payout: Can exceed $2M to $3M+
Payout SourceTypical RangeTimeline
Individual lawsuit settlement$1M to $2.4M12 to 24 months
Trust fund claim (per trust)$25K to $400K3 to 12 months
Jury verdict$5M to $30M+18 to 36 months
VA disability (monthly)$150 to $3,700/monthOngoing

Attorney fees typically run 33% to 40% of the total payout on a contingency basis. That means you pay nothing upfront. Your attorney only gets paid if you win or settle.

The key difference between a payout and a settlement amount is that your payout is what you actually take home after attorney fees and case expenses are deducted.

Key Takeaway: Most mesothelioma victims in 2026 can expect combined payouts from lawsuits and trust funds exceeding $1 million, with trial verdicts potentially reaching tens of millions.


Who Qualifies for an Asbestos Lawsuit

Anyone diagnosed with an asbestos-related disease who can demonstrate exposure to asbestos may qualify to file an asbestos lawsuit. The diagnosis is the critical first step.

Qualifying diseases include:

  • Mesothelioma (pleural, peritoneal, or pericardial)
  • Asbestosis (chronic scarring of the lungs)
  • Asbestos-related lung cancer
  • Pleural thickening or plaques
  • Other cancers linked to asbestos (laryngeal, ovarian in some cases)

You don’t have to know exactly where or when you were exposed. Experienced asbestos attorneys can trace your work history and identify the companies responsible.

The most common occupations linked to asbestos exposure are:

  • Construction workers and demolition crews
  • Shipyard workers and U.S. Navy veterans
  • Electricians and plumbers
  • Auto mechanics (brake pads contained asbestos)
  • Power plant and refinery workers
  • Insulators and boilermakers
  • Teachers and school staff (older buildings)

Family members can also qualify. Secondhand exposure happened when workers brought asbestos fibers home on their clothing, exposing spouses and children. These “take-home” exposure cases have been successfully litigated across the country.

Eligibility FactorRequirement
Medical diagnosisMust have asbestos-related disease
Exposure evidenceWork history, military records, or residential exposure
Statute of limitationsMust file within state deadline (varies)
Causation linkDoctor confirms asbestos caused your illness

If you’re not sure whether you qualify, your medical records and employment history are the starting points. Most asbestos attorneys offer free case reviews at no cost.


Asbestos Exposure Lawsuit and Your Rights

An asbestos exposure lawsuit protects your right to seek compensation from companies that knowingly put you in harm’s way. You have the legal right to sue even if your exposure happened 30, 40, or 50 years ago.

This is possible because of the discovery rule. Most states start the statute of limitations clock not when you were exposed, but when you were diagnosed or should have reasonably known about your illness. Since asbestos diseases have a latency period of 10 to 50 years, this rule is essential.

Your rights include:

  • The right to file a lawsuit against manufacturers, employers, and property owners
  • The right to file trust fund claims against bankrupt asbestos companies
  • The right to compensation for medical bills, lost income, pain, and suffering
  • The right to a jury trial if you choose not to settle

Veterans have additional protections. The U.S. military used asbestos heavily in ships, barracks, and vehicles through the 1970s. Veterans can pursue both VA disability claims and civil lawsuits simultaneously without one affecting the other.

One right that often gets overlooked is the right to file in the most favorable jurisdiction. Asbestos cases can sometimes be filed in states known for higher verdicts. Your attorney’s job is to identify the best venue for your specific situation.

The companies responsible for asbestos exposure knew what they were doing. Internal documents from companies like Johns ManvilleW.R. Grace, and Owens Corning show that executives understood the dangers of asbestos as early as the 1930s. They chose profits over people. That evidence is the backbone of modern asbestos litigation.

Key Takeaway: Your right to sue for asbestos exposure isn’t limited by when the exposure happened; the legal clock starts when you receive your diagnosis, not when you breathed in the fibers.


How to File an Asbestos Lawsuit

Filing an asbestos lawsuit starts with getting a confirmed medical diagnosis of an asbestos-related disease. From there, an experienced attorney handles most of the heavy lifting.

Here is the step-by-step process for 2026:

Step 1: Get a medical diagnosis. You need documentation from a doctor confirming you have mesothelioma, asbestosis, lung cancer, or another asbestos-linked condition.

Step 2: Contact an asbestos attorney. Look for law firms with a specific track record in asbestos litigation. Most work on contingency, so you pay nothing unless you receive compensation.

Step 3: Build your exposure history. Your attorney will reconstruct your work history to identify every company and product that exposed you to asbestos. This can include job sites, military service records, and product identification databases.

Step 4: File the complaint. Your attorney files the lawsuit in the appropriate court. This document names the defendants and describes your injuries and damages.

Step 5: Discovery and negotiation. Defendants respond, evidence is exchanged, and settlement negotiations begin. Most cases settle during this phase.

Step 6: Settlement or trial. You either accept a settlement offer or proceed to trial for a jury verdict.

Filing StepWho Does the WorkTypical Duration
Medical diagnosisYour doctorVaries
Attorney consultationYou and your attorney1 to 2 weeks
Exposure researchAttorney’s team2 to 8 weeks
Filing the complaintAttorney1 to 4 weeks
Discovery phaseBoth sides6 to 18 months
Settlement or trialAttorney and court2 to 12 months

Many courts offer expedited dockets for mesothelioma patients due to the aggressive nature of the disease. This means your case can be fast-tracked if your health is declining.

You do not need to travel or appear in court in most cases. Depositions can be done via video, and your attorney handles court appearances.


Asbestos Lawsuit Timeline: Start to Finish

The typical asbestos lawsuit timeline runs 12 to 18 months from filing to settlement. Cases that go to trial can take 24 to 36 months or longer.

Every case is different, but here’s a realistic timeline for 2026:

PhaseTimelineWhat Happens
Initial consultationWeek 1 to 2Attorney reviews your case for free
Case investigationWeeks 2 to 10Exposure history research, medical records gathered
Filing the lawsuitMonths 2 to 3Complaint filed in court
DiscoveryMonths 3 to 15Evidence exchange, depositions, expert reports
Settlement negotiationsMonths 12 to 18Most cases settle here
Trial (if needed)Months 18 to 36Jury hears the case and issues a verdict
Payout received30 to 90 days after settlementFunds distributed after court approval

Several factors can speed up or slow down your case. Courts in Madison County, Illinois and St. Louis, Missouri are known for faster asbestos dockets. Filing in these jurisdictions can shave months off your timeline.

If you have mesothelioma, many courts grant preferential trial settings. This puts your case at the front of the line. Some mesothelioma cases have gone from filing to verdict in under 12 months because of these accelerated schedules.

Trust fund claims move on a separate, faster track. Most trust fund payouts arrive within 3 to 9 months of filing. You can pursue trust fund claims and a lawsuit at the same time.

Key Takeaway: Most asbestos lawsuits settle within 12 to 18 months, but mesothelioma patients often get fast-tracked through the court system due to the urgency of their condition.


Asbestos Lawsuit Statute of Limitations

The statute of limitations for an asbestos lawsuit is the legal deadline by which you must file your claim. It varies by state, ranging from 1 to 6 years after diagnosis or discovery of the illness.

Missing this deadline means your case gets thrown out. The court won’t hear it regardless of how strong your evidence is. That’s why timing matters so much.

Most states use the discovery rule for asbestos cases. The clock starts ticking when you receive your diagnosis, not when you were first exposed to asbestos. This is critical because asbestos diseases can take decades to appear.

Here are statute of limitations deadlines for some of the most common filing states in 2026:

StatePersonal Injury DeadlineWrongful Death Deadline
California1 year from diagnosis2 years from death
New York3 years from diagnosis2 years from death
Texas2 years from diagnosis2 years from death
Illinois2 years from diagnosis2 years from death
Pennsylvania2 years from diagnosis2 years from death
Florida4 years from diagnosis2 years from death
Ohio2 years from diagnosis2 years from death

Some states have special provisions for asbestos cases. In California, for example, the statute is just one year for personal injury, but the discovery rule and tolling provisions can extend the effective deadline in certain situations.

If someone passed away from an asbestos disease and no lawsuit was filed while they were alive, the family still has a window to file a wrongful death claim. That deadline is usually 2 years from the date of death in most states.

Don’t wait to check your deadline. A single consultation can confirm whether your case is still within the filing window.


Asbestos Wrongful Death Lawsuit

An asbestos wrongful death lawsuit is filed by surviving family members when a loved one dies from an asbestos-related disease. These cases seek compensation for the family’s loss, including medical costs incurred before death, funeral expenses, and loss of companionship.

Spouses, children, parents, and sometimes other dependents can file wrongful death claims. The exact rules vary by state. In most states, the personal representative of the estate files on behalf of all eligible survivors.

Wrongful death settlements for asbestos cases tend to be substantial. Average wrongful death settlements range from $1 million to $2.5 million, with jury verdicts sometimes exceeding $10 million.

Wrongful Death FactorDetails
Who can fileSpouse, children, parents, estate representative
Common diseasesMesothelioma, asbestos lung cancer
Average settlement$1M to $2.5M
Filing deadlineUsually 2 years from date of death
Compensation includesMedical bills, funeral costs, lost income, pain and suffering, loss of companionship

A wrongful death lawsuit is separate from any personal injury claim the deceased may have filed while alive. If the victim had an active case at the time of death, it can often be converted to a wrongful death action.

One important note: wrongful death claims can be filed even if the deceased never filed a lawsuit themselves. Many families discover asbestos was the cause of death only after the fact. As long as the wrongful death statute of limitations hasn’t expired, the family can still pursue a claim.

Key Takeaway: Families who lost a loved one to asbestos disease can file wrongful death lawsuits in 2026 and recover compensation for medical costs, lost income, and the emotional toll of their loss.


Types of Asbestos Lawsuit Compensation

Asbestos lawsuit compensation falls into several categories, and most victims are eligible for more than one type. The total compensation package often includes payments from multiple sources.

Compensatory damages make up the core of most settlements. These cover:

  • Medical expenses: Surgery, chemotherapy, radiation, hospital stays, medications
  • Lost wages: Income you can no longer earn due to your illness
  • Pain and suffering: Physical discomfort and emotional distress
  • Loss of consortium: Impact on your relationship with your spouse
  • Travel costs: Expenses for medical treatment away from home

Punitive damages are awarded in some cases to punish defendants for especially reckless behavior. These are less common but can dramatically increase your total payout. Punitive damage awards in asbestos cases have ranged from $5 million to over $50 million in extreme cases.

Compensation TypeWhat It CoversWho Awards It
Compensatory (economic)Medical bills, lost wages, funeral costsCourt or settlement
Compensatory (non-economic)Pain and suffering, loss of companionshipCourt or settlement
PunitivePunishment for defendant’s misconductJury only (rare in settlement)
Trust fund paymentFlat amount based on disease levelBankruptcy trust
VA benefitsDisability, healthcare, DIC paymentsDepartment of Veterans Affairs

Many victims receive compensation from three or more sources simultaneously: a lawsuit settlement, one or more trust fund payments, and possibly VA benefits. These stack on top of each other. Receiving trust fund money does not reduce your lawsuit settlement.


Asbestos Trust Fund Claims

Asbestos trust funds are pools of money set up by companies that went bankrupt due to asbestos liabilities. Over 60 active trust funds hold more than $30 billion in combined assets as of 2026.

When a company like Johns Manville or Owens Corning went bankrupt, the court required them to create a trust fund to pay future asbestos victims. These trusts operate independently from the court system. You file a claim directly with each trust.

The process is simpler than a full lawsuit. You submit:

  • Medical documentation of your diagnosis
  • Proof of exposure to that company’s asbestos products
  • Work history and supporting records

Each trust has its own payment percentage, which determines what fraction of the full claim value you receive. Payment percentages vary widely:

Trust FundCurrent Payment PercentageFull Value (Mesothelioma)
Johns ManvilleApproximately 5% to 10%$600K+ full value
Owens Corning/FibreboardApproximately 20% to 25%Varies by disease
USG CorporationApproximately 25%Varies by disease
W.R. GraceApproximately 40% to 50%Varies by disease
CelotexApproximately 5% to 8%$425K+ full value

Payment percentages change over time as trusts conserve funds for future claimants. Your attorney should file claims with every trust where you have documented exposure. Some victims file with 10 to 15 trusts and collect from each one.

Trust fund claims typically pay out within 3 to 9 months. That’s significantly faster than a lawsuit. Many people file trust claims while their individual lawsuit proceeds separately.

Key Takeaway: Over $30 billion sits in asbestos trust funds, and you can file claims with multiple trusts simultaneously while pursuing a separate lawsuit, potentially stacking hundreds of thousands of dollars in combined compensation.


Asbestos Lawsuit vs Trust Fund Claim

An asbestos lawsuit is a legal action filed in court against companies that are still operating, while a trust fund claim is an administrative filing against a fund set up by a bankrupt company. They are two completely different processes, and you can pursue both at the same time.

Here’s the simplest way to think about it. If the company that exposed you to asbestos is still in business, you sue them. If the company went bankrupt, you file a claim with their trust fund. Most victims have exposure to both types of companies.

FeatureAsbestos LawsuitTrust Fund Claim
Filed againstOperating companiesBankrupt companies’ trusts
Where filedCourt (state or federal)Directly with the trust
Average payout$1M to $2.4M$25K to $400K per trust
Timeline12 to 36 months3 to 9 months
Attorney requiredStrongly recommendedStrongly recommended
Goes to trialPossibleNo (administrative process)
Multiple filingsOne lawsuit, multiple defendantsClaims with each applicable trust

The strategic advantage of pursuing both paths is substantial. Your lawsuit settles for a large sum against current defendants. Meanwhile, your trust fund claims bring in additional payments from bankrupt defendants. The two sources don’t offset each other.

Your attorney handles both processes. Most asbestos law firms have dedicated trust fund departments that file claims in parallel with your active lawsuit. This maximizes your total recovery without additional effort on your part.


Asbestos Lawsuit Tax Implications

Most asbestos lawsuit settlements are not taxable under federal law when they compensate you for physical injuries or physical sickness. This applies to both personal injury settlements and wrongful death payouts.

The IRS treats compensation for physical injuries differently from other income. Under IRC Section 104(a)(2), amounts received on account of personal physical injuries or physical sickness are excluded from gross income.

Here’s how the tax rules break down for different types of asbestos compensation:

Type of CompensationTaxable?Reason
Physical injury settlementNoCompensation for physical sickness
Pain and sufferingNoRelated to physical injury
Medical expense reimbursementNo (with conditions)If you didn’t previously deduct them
Lost wages (part of injury claim)NoBundled with physical injury compensation
Punitive damagesYesConsidered income, not injury compensation
Interest on settlementYesTreated as ordinary income
Trust fund paymentsGenerally noCompensation for physical illness

Punitive damages are the big exception. If a jury awards punitive damages as part of your verdict, that portion is taxable as ordinary income. This can be a significant tax hit.

Interest that accrues on your settlement between the award date and the payment date is taxable. Your attorney should structure the settlement to minimize this where possible.

If you received a large settlement, working with a tax professional who understands personal injury tax law is worth the investment. Proper structuring of your payout can save you thousands or even tens of thousands of dollars.

Key Takeaway: Asbestos lawsuit settlements for physical injuries are generally tax-free under federal law, but punitive damages and interest earned on the settlement are taxable, so proper planning matters.


Asbestos Settlement Funding Options

Asbestos settlement funding, sometimes called pre-settlement funding or lawsuit lending, provides cash advances to plaintiffs while they wait for their case to resolve. You can receive money within days, not months or years.

This type of funding is not a traditional loan. It’s a non-recourse advance, meaning if you lose your case, you owe nothing back. The funding company takes on the risk. They only get repaid from your settlement proceeds.

Here’s how it works:

  • You apply with a funding company and provide your case details
  • The company evaluates your case’s strength and expected settlement value
  • If approved, you receive a lump sum, typically $5,000 to $500,000
  • When your case settles, the funding company is repaid from your proceeds, plus fees
Funding DetailTypical Terms
Amount available$5,000 to $500,000
Approval time24 to 72 hours
Interest/feesVaries (can be high; 15% to 60% annually)
Repayment required if you loseNo (non-recourse)
Impact on your caseNone; defendants don’t know about it

The downside is cost. Pre-settlement funding fees can be steep. Some companies charge rates that compound over time. If your case takes two years to settle, the repayment amount can grow significantly.

Before taking funding, ask your attorney for their honest assessment of your case timeline. If settlement is likely within a few months, waiting might save you thousands in funding fees. If your case will take a year or more and you need money for medical bills or living expenses, funding can be a lifeline.

Some asbestos attorneys also advance costs to their clients directly. This is less common but worth asking about. It’s a lower-cost alternative to third-party funding when available.


Frequently Asked Questions

How much money can you get from an asbestos lawsuit in 2026?

The average mesothelioma settlement in 2026 ranges from $1 million to $2.4 million.
Jury verdicts can reach $5 million to $30 million or more.
Trust fund claims add an additional $25,000 to $400,000 per trust, and most victims file with multiple trusts.

Is there a class action lawsuit for asbestos exposure?

No, there are no active asbestos class action lawsuits in 2026.
Courts stopped certifying asbestos class actions after the 1997 Supreme Court ruling in Amchem Products v. Windsor.
All current asbestos claims are filed as individual lawsuits or trust fund claims.

How long does an asbestos lawsuit take to settle?

Most asbestos lawsuits settle within 12 to 18 months from the filing date.
Mesothelioma cases often move faster due to expedited court schedules.
Trust fund claims resolve more quickly, usually within 3 to 9 months.

Can family members file an asbestos wrongful death lawsuit?

Yes, surviving spouses, children, and parents can file a wrongful death lawsuit.
The filing deadline is usually 2 years from the date of death in most states.
Wrongful death settlements for asbestos cases average $1 million to $2.5 million.

Are asbestos lawsuit settlements taxable?

Most asbestos settlements for physical injuries are not taxable under federal law.
The IRS exempts compensation for physical sickness under IRC Section 104(a)(2).
Punitive damages and interest earned on the settlement amount are the exceptions and are taxable as ordinary income.


The asbestos lawsuit system in 2026 still works for victims and their families. Billions in trust fund money remains available, individual lawsuits continue to produce substantial verdicts, and the legal framework protects people who were harmed by corporate negligence.

If you believe you were exposed to asbestos, check your state’s filing deadline before anything else. Time limits are real, and they don’t bend.

Get your medical records together, research experienced asbestos attorneys, and take the first step toward the compensation you’re owed.


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