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Asbestos Lawsuit History Asbestos suits are handled in a complicated way. Levy Konigsberg LLP lawyers have played a major role in consolidated trials of asbestos in New York that resolve a number of claims at once. The law requires manufacturers of hazardous products to warn consumers of the dangers. This is especially applicable to companies that mill, mine, or manufacture asbestos or asbestos-containing products. The First Case Clarence Borel, a construction worker, filed one of the first asbestos suits ever filed. In his case, Borel argued that several manufacturers of asbestos insulation products did not adequately warn workers about the dangers of breathing in this hazardous mineral. Asbestos lawsuits may provide victims with compensation for different injuries resulting from exposure to asbestos. Compensatory damage can include a monetary amount for discomfort and pain as well as lost earnings, medical costs and property damage. Based on where you live the victim may also be awarded punitive damages to punish the company for its wrongdoing. Despite numerous warnings numerous manufacturers continued to use asbestos in a variety of products throughout the United States. In 1910, the annual production of asbestos around the world surpassed 109,000 metric tons. The massive demand for asbestos was primarily driven by the need for sturdy and affordable construction materials to keep pace with population growth. The demand for low-cost, mass-produced products made of asbestos helped fuel the rapid growth of manufacturing and mining industries. By the year 1980, asbestos companies faced thousands of lawsuits from mesothelioma and other asbestos-related diseases. Many asbestos companies filed for bankruptcy, while others settled lawsuits with huge amounts of cash. However, lawsuits and other investigations revealed an enormous amount of fraud and corruption by attorneys for plaintiffs and asbestos companies. The resultant litigation led to the conviction of a number of individuals under the Racketeer corrupt and influenced organizations Act (RICO). In a neoclassical building of limestone located on Trade Street, Charlotte's Central Business District (CBD), Judge George Hodges exposed a decades-old scheme to swindle clients and drain bankruptcy trusts. His “estimation ruling” drastically changed the face of asbestos litigation. He found, for example that in one instance the lawyer told a jury that his client was only exposed to Garlock products, but the evidence showed a broader scope of exposure. Hodges discovered that lawyers made up claims, concealed information, and even made up evidence to obtain asbestos victims' settlements. Since then, other judges have noted questionable legal maneuvering in asbestos lawsuits however not as much as the Garlock case. The legal community hopes that the ongoing revelations of fraud and fraud in asbestos cases will lead to more accurate estimates of how much companies owe to asbestos victims. The Second Case The negligence of businesses that manufactured and sold asbestos-related products has led to the development mesothelioma that has affected thousands of Americans. Asbestos lawsuits have been filed both in state and federal courts. The victims often receive substantial compensation. Clarence Borel was the first asbestos case to receive a verdict. He was diagnosed with mesothelioma after a period of 33 years working as an insulation worker. The court held asbestos-containing insulation producers responsible for his injuries as they did not warn him of the dangers of exposure to asbestos. This ruling opened the door for asbestos lawsuits from other companies to be successful and win awards and verdicts for victims. While asbestos litigation was growing and gaining momentum, the businesses involved in the cases were looking for ways to reduce their liability. This was done by paying “experts” who were not reputable to conduct research and write papers to support their arguments in court. They also utilized their resources to try and influence public opinion about the truth regarding the health risks of asbestos. One of the most troubling trends in asbestos litigation is the use of class action lawsuits. These lawsuits allow victims and their families to sue multiple defendants at once instead of filing individual lawsuits against every company. This tactic, while it may be helpful in certain cases, can create confusion and waste time for asbestos victims. Additionally, the courts have a long track record of refusing class action lawsuits in asbestos cases. Another legal method used by asbestos defendants is to seek legal rulings that will help them limit the extent of their liability. They are trying to convince judges to agree only manufacturers of asbestos-containing product can be held accountable. They also are trying to limit the types of damages a jury can decide to award. This is a crucial issue as it will impact the amount of money the victim will receive in their asbestos lawsuit. The Third Case In the late 1960s, mesothelioma cases started to increase on the courts' docket. The disease develops after exposure to asbestos, a mineral that a lot of companies once used in various construction materials. Workers with mesothelioma have filed lawsuits against the companies that exposed them to asbestos. The mesothelioma latency time is long, meaning that patients don't exhibit symptoms until decades after exposure to asbestos. Mesothelioma can be more difficult to prove than other asbestos-related illnesses because of its lengthy latency period. Asbestos is a hazard and companies that make use of it often cover up their use. A few asbestos-related companies declared bankruptcy due to the litigation firestorm surrounding mesothelioma lawsuits. This allowed them to regroup under court supervision and set money aside to cover current and future asbestos liabilities. Companies like Johns-Manville put aside more than $30 billion to pay victims of mesothelioma and various asbestos-related diseases. This led defendants to seek legal decisions that will limit their liability in asbestos lawsuits. For example, some defendants have tried to claim that their products were not made of asbestos-containing material but were simply used in conjunction with asbestos-containing materials that were 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 variety of significant 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. The consolidated trials, in which hundreds of asbestos claims were combined into a single trial, cut down the number of asbestos lawsuits and also resulted in significant savings for companies involved in litigation. In 2005, the passage of Senate Bill 15 (now House Bill 1325) and House Bill 1325 (now Senate Bill 15) was another important development in asbestos litigation. These legal reforms required the evidence in asbestos lawsuits to be based on peer-reviewed scientific studies rather than speculation or supposition by an expert witness hired by a company. These laws, along with the passing of other similar reforms, effectively put out the litigation firestorm. 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. This strategy is designed to make the plaintiffs appear guilty. This is a shady method to distract attention from the fact that asbestos-related companies were responsible for asbestos exposure and mesothelioma. This strategy has proven be very efficient. People who have been diagnosed with mesothelioma should consult an experienced firm as quickly as possible. Even if you aren't sure you have mesothelioma, an expert firm will be able to find evidence and build a strong claim. In the beginning, asbestos litigation was characterized by a wide range of legal claims. First, there were Baton Rouge asbestos lawsuits exposed in the workplace who sued companies that mined and made asbestos products. A second group of litigants consisted of those exposed at home or in public structures who sued property owners and employers. Then, those diagnosed with mesothelioma and other asbestos-related illnesses, sue distributors of asbestos-containing products, manufacturers of protective equipment, banks that financed projects using asbestos and numerous other parties. Texas was the site of one of the most significant developments in asbestos litigation. Asbestos firms in Texas specialized in fomenting asbestos cases and bringing cases to court in huge numbers. Baron & Budd was one of these firms. It became famous for its secret method of coaching clients to select particular defendants and filing cases with no regard for accuracy. The courts eventually disapproved of this practice of “junk-science” in asbestos lawsuits and instituted legislative remedies that helped end the litigation firestorm. Asbestos victims need an equitable amount of 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 individual circumstances and determine if you're in a viable mesothelioma case and help you pursue justice against asbestos companies that have harmed you.