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Asbestos Lawsuit History Asbestos suits are dealt with in a complicated way. Levy Konigsberg LLP attorneys have played a large role in asbestos trials that are consolidated in New York, which resolve many claims at once. Companies that manufacture hazardous products are required by law to warn consumers about the dangers. This is particularly relevant to companies who mine, mill or manufacture asbestos or asbestos-containing products. The First Case One of the earliest asbestos lawsuits ever filed was filed by an employee of the construction industry named Clarence Borel. In his case, Borel argued that several asbestos insulation producers did not adequately warn workers about the dangers of breathing in this dangerous mineral. Asbestos lawsuits can award victims compensation damages for a wide range of injuries resulting from exposure to asbestos. Compensatory damages can include a amount of money for suffering and pain, lost earnings, medical expenses, and property damage. Depending on where you reside victims may also receive punitive damages in order to punish the company for their wrongful actions. Despite warnings for years, many manufacturers in the United States continued to use asbestos. In 1910 the annual production of asbestos around the world exceeded 109,000 metric tons. This massive consumption of asbestos was primarily driven by the need for durable and cheap construction materials in order to keep pace with population growth. The demand for low-cost manufactured products made of asbestos helped fuel the rapid growth of mining and manufacturing industries. In the 1980s, asbestos producers were facing thousands of lawsuits from mesothelioma and other asbestos-related diseases. Many asbestos companies failed and others settled lawsuits for large amounts of money. However the lawsuits and other investigations showed a massive amount of fraud and corruption by plaintiff's lawyers and asbestos companies. The subsequent litigation led to convictions for many individuals in the Racketeer Influenced and Corrupt Organizations Act (RICO). In a limestone neoclassical building on Trade Street in Charlotte's Central Business District, Judge George Hodges uncovered a decades-old scheme of lawyers to fraud defendants and take money from bankruptcy trusts. His “estimation decision” changed the landscape of asbestos lawsuits. Hodges discovered, for instance that in one instance a lawyer claimed to a jury that his client was only exposed to Garlock products, when the evidence showed a larger scope of exposure. Hodges discovered that lawyers made up claims, concealed information, and even made up evidence to secure asbestos victims' settlements. Since the time other judges have also noted the need for legal redress in asbestos lawsuits but not to the extent of the Garlock case. The legal community hopes that ongoing revelations of fraud and fraud in asbestos claims will lead to more accurate estimates of how much asbestos victims owe companies. The Second Case Thousands of people across the United States have developed mesothelioma and other asbestos-related diseases because of the negligence of companies who produced and sold asbestos-related products. Asbestos lawsuits have been filed in federal and state courts and it's not uncommon for victims to receive substantial compensation for their losses. Clarence Borel was the first asbestos case to receive a verdict. He was diagnosed with mesothelioma following 33 years of working as an insulation worker. The court held asbestos-containing insulation manufacturers liable for his injuries, because they did not warn him of the dangers of exposure to asbestos. Antioch asbestos attorneys opens up the possibility of further asbestos lawsuits being successful and ending in verdicts or awards for victims. While asbestos litigation was growing, many of the companies involved in the cases were looking for ways to minimize their liability. They did this by hiring shady “experts” to conduct research and publish papers that would assist them to make their arguments in the courtroom. These companies were also using their resources to to distort public perceptions of the facts about the asbestos's health hazards. One of the most troubling trends in asbestos litigation is the use of class action lawsuits. These lawsuits let victims bring suit against multiple defendants at one time, rather than pursuing separate lawsuits against each company. This tactic, while it may be helpful in certain situations, it could cause confusion and take away time from asbestos victims. Additionally the courts have a long history of refusing asbestos class action lawsuits. cases. Asbestos defendants also use a legal strategy to limit their liability. They are trying to get judges to accept that only manufacturers of asbestos-containing products can be held liable. They are also trying to limit the types of damages that juries are able to give. This is an extremely important issue because it will affect the amount an asbestos victim will receive in their asbestos lawsuit. The Third Case The number of mesothelioma lawsuits began to increase in the late 1960s. The disease is caused by exposure to asbestos which was a mineral previously used in a variety of construction materials. Lawsuits brought by workers who suffer from mesothelioma focus on the businesses responsible for their exposure to asbestos. The mesothelioma latency time is long, meaning that people don't usually exhibit symptoms until decades after exposure to asbestos. Mesothelioma is more difficult to prove than other asbestos-related diseases because of this long time of latency. Asbestos is a dangerous material, and companies that use it frequently cover up their use. Many asbestos-related companies declared bankruptcy due to the mesothelioma litigation suits. This allowed them to reform under the supervision of a court and put money aside to cover future asbestos liabilities. Companies like Johns-Manville have set aside more than 30 billion dollars to compensate mesothelioma patients as well as other asbestos-related diseases. This prompted defendants to seek legal rulings which would limit their liability for asbestos lawsuits. For instance, some defendants have attempted to claim that their products were not made of asbestos-containing material but were merely used in conjunction with asbestos materials later purchased by the defendants. This argument is well illustrated in the British case of Lubbe V Cape Plc (2000 UKHL 41). In the 1980s, and 1990s, New York was home to a series of large asbestos trials, like the Brooklyn Navy Yard trials and the Con Edison Powerhouse trials. Levy Konigsberg LLP attorneys served as the leading counsel in these trials and other major asbestos litigation in New York. These consolidated trials, which combined hundreds of asbestos claims into a single trial, helped to reduce the volume of asbestos lawsuits, and also provided significant savings for companies involved in the litigation. In 2005, the passing of Senate Bill 15 (now House Bill 1325) and House Bill 1325 (now Senate Bill 15) was an significant development in asbestos litigation. These reforms to the law required the evidence used in asbestos lawsuits be founded on peer-reviewed scientific studies instead of relying on speculation and suppositions from a hired-gun expert witness. These laws, along with the passage of other reforms that are similar to them, effectively squelched the litigation firestorm. The Fourth Case As asbestos companies were unable to defend themselves against the lawsuits filed by victims, they began to attack their opponents and the lawyers they represent. This strategy is designed to make the plaintiffs appear to be guilty. This is a deceitful method to distract attention from the fact that asbestos companies were the ones responsible for asbestos exposure and mesothelioma. This strategy has been very effective, and it is the reason why those who have been diagnosed with mesothelioma should speak with a reputable firm as soon as they can. Even if you don't think that you have mesothelioma experienced firm can find evidence and make a convincing claim. In the early days, asbestos litigation was characterized by a wide range of legal claims. First, there were those exposed at work suing businesses that mined and produced asbestos-related products. A second group of litigants included those who were exposed at home or in public structures who sued employers and property owners. Later, those diagnosed with mesothelioma or other asbestos-related diseases, sued companies that sell asbestos-containing products, the manufacturers of protective equipment, banks who financed projects using asbestos and many other parties. Texas was the site of one of the most significant developments in asbestos litigation. Asbestos companies in Texas were experts in promoting asbestos cases and bringing cases to court in huge numbers. Baron & Budd was one of these firms, which became famous for its secret method of coaching clients to select specific defendants and to file cases without regard to accuracy. This method of “junk science” in asbestos lawsuits was eventually rebuked by courts and legislative remedies were implemented which helped to stop the litigation raging. Asbestos victims are entitled to fair compensation, which includes medical treatment costs. Consult an experienced firm specializing in asbestos litigation to ensure you receive the compensation you are entitled to. A lawyer will review the facts of your case and determine if there is a valid mesothelioma claim and help you pursue justice.