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Asbestos Lawsuit History Asbestos lawsuits are dealt with through a complex procedure. Levy Konigsberg LLP attorneys have played a large role in asbestos trials that have been consolidated in New York, which resolve many claims in one go. Manufacturers of dangerous products are legally required to warn consumers about the dangers. This is especially relevant to companies that mine, mill or produce asbestos or asbestos-containing substances. The First Case Clarence Borel, a construction worker, filed one of the first asbestos suits ever filed. Springfield asbestos lawyers claimed that asbestos insulation manufacturers failed to warn workers about the dangers of inhaling asbestos. Asbestos lawsuits can award victims with compensatory damages for a range of injuries resulting from exposure to asbestos. Compensation can be in the form of cash amount to ease pain and discomfort as well as lost earnings, medical costs as well as property damage. Based on where you live, victims can also receive punitive damages in order to punish the company for its wrongdoing. Despite numerous warnings, many manufacturers continued to make use of asbestos in a variety of products throughout the United States. In 1910, the world's annual production of asbestos surpassed 109,000 tonnes. The massive demand for asbestos was driven primarily by the need for durable and inexpensive construction materials to accommodate population growth. The demand for cheap mass-produced products made from asbestos fueled the rapid growth of manufacturing and mining industries. In the 1980s, asbestos producers were faced with thousands of lawsuits by mesothelioma patients as well as others suffering from asbestos-related diseases. Many asbestos companies filed for bankruptcy while others settled lawsuits with huge amounts of cash. However, investigations and lawsuits revealed that asbestos-related companies and plaintiff's lawyers had engaged in a large amount of fraud and corrupt practices. The lawsuits that followed led to conviction of a number of individuals under the Racketeer Influenced and Corrupt Organizations Act (RICO). In a limestone building that was built in the Neoclassical style on Trade Street in Charlotte's Central Business District, Judge George Hodges uncovered a decades-old scheme by lawyers to fraud defendants and take money from bankruptcy trusts. His “estimation decision” changed the course of asbestos lawsuits. Hodges discovered, for instance, that in one case the lawyer told the jury that his client was only exposed to Garlock products, when the evidence showed a broader scope of exposure. Hodges also found that lawyers created false claims, concealed information and even invented evidence to gain asbestos victims the settlements they were seeking. Since since then, other judges have noted questionable legal maneuvering in asbestos lawsuits, but not as much as the Garlock case. The legal community hopes the ongoing revelations of fraud and abuse in asbestos cases will lead to 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 that has affected thousands of Americans. Asbestos lawsuits have been filed in both federal and state courts and it's not uncommon for victims to receive large amounts of compensation for their losses. The first asbestos lawsuit to get a verdict was the case of Clarence Borel, who suffered from asbestosis and mesothelioma after working as an insulator for 33 years. The court found the asbestos-containing insulation manufacturers liable for his injuries as they failed to warn him of the dangers of exposure to asbestos. This ruling opened up the possibility of further asbestos lawsuits being successful and resulting in settlements or awards for victims. Many companies were looking for ways to limit their liabilities as asbestos litigation increased. They did this by paying shady “experts” to conduct research and write documents that would allow them to make their arguments in the courtroom. They also utilized their resources to alter the public's perception of the truth about the health risks of asbestos. Class action lawsuits are among of the most troubling trends in asbestos litigation. These lawsuits allow victims to sue several defendants at once instead of pursuing separate lawsuits against each company. This method, though it can be beneficial in certain situations, it can cause confusion and waste time for asbestos victims. In addition, the courts have a long history of denying asbestos class action lawsuits. cases. Another legal method used by asbestos defendants is to search for legal rulings that can aid them in limiting the scope of their liability. They are trying get judges to decide that only manufacturers of asbestos-containing products should be held responsible. They also are seeking to limit the kinds of damages a judge can award. This is a crucial issue, since it will affect the amount of money a victim receives in their asbestos lawsuit. The Third Case The mesothelioma-related lawsuits increased in the late 1960s. The disease develops after exposure to asbestos, a mineral that a lot of companies once used in various construction materials. Mesothelioma sufferers filed lawsuits against the companies who exposed them. Mesothelioma has a long latency period that means that people don't often show signs of the disease until many years after exposure to the material. Mesothelioma is more difficult to prove than other asbestos-related illnesses due to its long period of latency. Additionally, the businesses who used asbestos often concealed their use of asbestos because they knew it was dangerous. Many asbestos-related companies declared bankruptcy because of the mesothelioma litigation suits. This allowed them to regroup under the supervision of the courts and set money aside to cover future asbestos liabilities. Companies like Johns-Manville have set aside more than 30 billion dollars to pay mesothelioma sufferers and other asbestos-related illnesses. This led defendants to seek legal rulings that would limit their liability for asbestos lawsuits. Certain defendants, for instance, have tried to argue that their asbestos-containing products were not manufactured, but were used in conjunction with asbestos materials which was later purchased. This argument is clearly illustrated in the British case of Lubbe V Cape Plc (2000 UKHL 41). A string of large-scale asbestos trials, consolidated into the Brooklyn Navy Yard and Con Edison Powerhouse trials which were held in New York in the 1980s and the 1990s. Levy Konigsberg LLP attorneys served as the lead counsel in these cases and other major asbestos litigation in New York. The consolidated trials, which combined hundreds of asbestos claims into one trial, reduced the volume of asbestos lawsuits, and also provided significant savings to companies involved in the litigation. In 2005, the adoption of Senate Bill 15 (now House Bill 1325) and House Bill 1325 (now Senate Bill 15) was another significant development in asbestos litigation. These reforms in law required evidence in asbestos lawsuits to be based on peer reviewed scientific studies rather than speculation or supposition from an expert witness hired by a company. These laws, along with the passing of other similar reforms, effectively put out the litigation raging. The Fourth Case As asbestos companies ran out of defenses against lawsuits filed on behalf of victims, they began to attack their opponents lawyers representing them. The aim of this tactic is to make plaintiffs appear guilty. This tactic is intended to deflect focus from the fact that asbestos companies were the ones responsible for asbestos exposure and mesothelioma that followed. This method has proven to be very efficient. People who have been diagnosed with mesothelioma must consult a reputable law firm as soon as is possible. Even if there is no evidence to suggest you have mesothelioma, an experienced firm can provide evidence to support a claim. In the beginning asbestos litigation was characterized by a range of legal claims. Workers exposed at work sued firms that mined or made asbestos products. A second group of litigants included those who were exposed at the home or in public buildings seeking compensation from employers and property owners. Later, those diagnosed with mesothelioma or other asbestos-related diseases, sued distributors of asbestos-containing products, manufacturers of protective equipment, banks that funded projects that used asbestos, and numerous other parties. Texas was the scene of one of the most significant developments in asbestos litigation. Asbestos firms in the state were experts in promoting asbestos cases and taking cases to court in huge numbers. Among these was the law firm of Baron & Budd, which was known for its secret method of coaching its clients to target specific defendants, and for filing cases in bulk, with no regard to 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 deserve fair compensation for their losses, which includes medical costs. Consult an experienced firm specializing in asbestos litigation to ensure you get the compensation you're entitled to. A lawyer will review the facts of your case, determine if you have a valid mesothelioma claim and help you pursue justice.