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Asbestos Lawsuit History Asbestos lawsuits are dealt with through a complex process. Levy Konigsberg LLP attorneys have been a major part of asbestos trials that have been consolidated in New York, which resolve a significant number of claims at one time. The law requires companies that produce dangerous products to inform consumers of the dangers. This is particularly applicable to companies that mill, mine, or manufacture asbestos or asbestos-containing materials. The First Case Clarence Borel, a construction worker, filed one of the first asbestos suits ever filed. Borel claimed asbestos insulation companies did not warn workers of the dangers of breathing asbestos. Asbestos lawsuits can award victims with compensatory damages for a wide range of injuries that result from exposure to asbestos. Compensatory damages can include a cash value for suffering and pain, lost earnings, medical expenses and property damage. Depending on where you reside the victim may also be awarded punitive damages in order to punish the company for its wrongdoing. Despite warnings for many years, many manufacturers in the United States continued to use asbestos. In 1910, the annual production of asbestos around the world surpassed 109,000 metric tons. The huge consumption of asbestos was driven by the need for affordable and durable construction materials to meet the increasing population. Increasing demand for inexpensive asbestos products, which were mass-produced, contributed to the rapid expansion of the manufacturing and mining industries. In the 1980s, asbestos producers were faced with thousands of lawsuits by mesothelioma patients and others with asbestos diseases. Many asbestos companies filed for bankruptcy while others settled lawsuits with large sums of money. However the lawsuits and other investigations have revealed a huge amount of fraud and corruption by plaintiff's attorneys and asbestos companies. The subsequent litigation led to the conviction of many individuals in the Racketeer Influenced and Corrupt Organisations Act (RICO). In a neoclassical limestone building located on Trade Street in Charlotte's Central Business District Judge George Hodges uncovered a decades-old scheme used by lawyers to defraud defendants and drain bankruptcy trusts. His “estimation ruling” dramatically changed the landscape of asbestos litigation. For example, he found that in one case an attorney claimed that a jury his client was only exposed to Garlock's products when the evidence showed a much wider scope of exposure. Hodges discovered that lawyers made up claims, concealed information, and even fabricated proof to secure asbestos victims' settlements. Since since then other judges have also observed some legal issues in asbestos lawsuits, but not to the extent of the Garlock case. The legal community hopes that the ongoing revelations of fraud and fraud in asbestos cases will result in more precise estimates of the amount companies owe to asbestos victims. The Second Case The negligence of companies that manufactured and sold asbestos products has resulted in the development mesothelioma among thousands of Americans. Asbestos suits have been filed both in federal and state courts. The victims often receive a substantial amount of compensation. Clarence Borel was the first asbestos case to be awarded a verdict. He was diagnosed with mesothelioma following 33 years of working as an insulation worker. The court found that the producers of asbestos-containing insulation were responsible for his injuries since they did not warn him about the dangers of asbestos exposure. This ruling opens the way for other asbestos lawsuits to obtain verdicts and awards for victims. Many companies were trying to reduce their liability as asbestos litigation grew. This was accomplished by paying “experts” who weren't credible enough to conduct research and write documents that could justify their claims in court. These companies were also using their resources to to skew public perception of the facts about the asbestos's health hazards. Class action lawsuits are one of the most alarming developments in asbestos litigation. These lawsuits allow victims to pursue multiple defendants at the same time instead of pursuing separate lawsuits against each company. This tactic, while it could be beneficial in certain situations, it could cause confusion and delay for asbestos victims. The courts have also rejected class action lawsuits for asbestos cases in the past. Asbestos defendants also employ a legal strategy to limit their liability. They are trying get judges to decide that only manufacturers of asbestos-containing product can be held responsible. Macon asbestos lawyers would like to limit the types of damages that a juror can award. This is a very important issue because it will impact the amount of money an asbestos victim will receive in their asbestos lawsuit. The Third Case The mesothelioma-related lawsuits increased in the late 1960s. The disease is caused by exposure to asbestos, a mineral that a lot of companies once used in various construction materials. Lawsuits brought by workers suffering from mesothelioma centered on the companies responsible for their exposure to asbestos. Mesothelioma is a disease with long periods of latency that means that people don't usually show symptoms of the disease until many years after exposure to the material. Mesothelioma can be more difficult to prove than other asbestos-related diseases because of this long period of latency. Asbestos is a hazardous material and businesses that use it frequently cover up their use. A number of asbestos companies declared bankruptcy because of the raging litigation over mesothelioma lawsuits. This allowed them to reform under the supervision of the courts and set funds aside to cover future asbestos-related liabilities. Companies like Johns-Manville set aside more than $30 billion to compensate victims of mesothelioma and other asbestos-related diseases. This prompted defendants to seek legal rulings that will limit their liability in asbestos lawsuits. Certain defendants, for example have attempted to argue that their asbestos-containing products weren't manufactured, but were used in conjunction with asbestos material that was subsequently purchased. 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, such as the Brooklyn Navy Yard trials and the Con Edison Powerhouse trials. Levy Konigsberg LLP attorneys served as the leading counsel in these cases as well as other asbestos litigation major in New York. These trials, which combined hundreds of asbestos claims into a single trial, helped to reduce the volume of asbestos lawsuits, and also provided significant savings to the 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 another important step in the asbestos litigation. These reforms in law required evidence in asbestos lawsuits to be based on peer reviewed scientific studies, not conjecture or supposition by a hired gun expert witness. These laws, as well as the passage of other reforms that are similar to them, effectively squelched the firestorm of litigation. The Fourth Case As the asbestos companies were unable to defend themselves against the lawsuits brought by victims, they began to attack their adversaries the lawyers that represent them. The purpose of this tactic is to make the plaintiffs look guilty. This tactic is designed to divert focus from the fact that asbestos-related companies were the ones responsible for asbestos exposure and mesothelioma that followed. This method has proven to be extremely efficient, and that is the reason why those who have received a mesothelioma diagnosis should speak with a reputable firm as soon as they can. Even if you don't think that you have mesothelioma expert firm will be able to find evidence and build a strong claim. In the early days, asbestos litigation was characterized by a range of legal claims. Workers who were exposed at work sued businesses that mined or produced asbestos-related products. A second group of litigants included those who were exposed at home or in public buildings seeking compensation from employers and property owners. Then, those who were diagnosed with mesothelioma and other asbestos-related diseases filed suit against suppliers of asbestos-containing products, manufacturers of protective gear as well as banks that financed asbestos-related projects, and numerous other parties. Texas was the location of one of the most significant developments in asbestos litigation. Asbestos firms were specialized in taking asbestos cases to court and provoking them in huge numbers. Baron & Budd was one of these firms, which became famous for its unique method of coaching clients to target particular defendants and filing cases without regard to accuracy. The courts eventually disapproved of this practice of “junk-science” in asbestos suits and instituted legislative remedies to quell the litigation firestorm. Asbestos victims deserve fair compensation for their losses, including medical costs. Consult an experienced firm specializing in asbestos litigation to make sure you receive the compensation you are entitled to. A lawyer can analyze your personal circumstances and determine if you're in a viable mesothelioma case and help you pursue justice against asbestos-related companies that harmed you.