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Asbestos Lawsuit History Asbestos suits are dealt with in a complex way. Levy Konigsberg LLP attorneys have played a significant role in asbestos trials that are consolidated in New York, which resolve many claims at one time. Companies that produce dangerous products are legally required to warn consumers about the dangers. This is particularly true for companies who mine, mill or produce asbestos or asbestos-containing substances. The First Case Clarence Borel, a construction worker, filed one of the first asbestos lawsuits ever filed. In his case, Borel argued that several manufacturers of asbestos insulation products did not adequately warn workers about the dangers of inhaling the dangerous mineral. Asheville asbestos attorneys can award victims with compensatory damages for a wide range of injuries resulting from exposure to asbestos. Compensatory damage can include a cash amount for pain and discomfort as well as lost earnings, medical costs as well as property damage. Based on the area of jurisdiction, victims could be awarded punitive damages meant to punish companies for their actions. Despite warnings for years, many companies in the United States continued to use asbestos. By 1910, the global annual production of asbestos surpassed 109,000 tonnes. The huge consumption of asbestos was fueled by the need for affordable and durable construction materials to accommodate the growing population. The growing demand for cheap asbestos products, which were mass-produced, led to the rapid growth of the mining and manufacturing industries. In the 1980s, asbestos producers faced a plethora of lawsuits from mesothelioma and other asbestos disease victims. Many asbestos companies declared bankruptcy and others settled lawsuits with large amounts of cash. However, lawsuits and other investigations showed an enormous amount of corruption and fraud by plaintiff's attorneys and asbestos companies. The lawsuits that followed led to convictions of many individuals under the Racketeer corrupt and influenced organizations Act (RICO). In a limestone neoclassical building located 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 ruling” profoundly changed the course of asbestos litigation. For example, he found that in one case, a lawyer told a jury his client was exposed to Garlock's products, but the evidence suggested a much wider scope of exposure. Hodges discovered that lawyers made up claims, concealed information and even created fake evidence to secure asbestos victims' settlements. Other judges have since discovered legal evasions in asbestos cases, though not on the scale of the Garlock case. The legal community hopes the continuing revelations about fraud and fraud in asbestos claims will result in more accurate estimates of how much asbestos victims owe businesses. The Second Case The negligence of companies that manufactured and sold asbestos-related products has resulted in the emergence mesothelioma among thousands of Americans. Asbestos suits have been filed both in state and federal courts. Victims often receive a substantial amount of compensation. Clarence Borel was the first asbestos case to be awarded a verdict. He suffered from mesothelioma after a period of 33 years working as an insulation worker. The court ruled that the producers of asbestos-containing insulation were liable for his injuries because they did not inform him of the dangers of exposure to asbestos. This ruling could open the possibility of other asbestos lawsuits proving successful and culminating in awards or verdicts for victims. While asbestos litigation was growing, many of the companies involved in the cases were looking for ways to reduce their liability. They did this by hiring shady “experts” to conduct research and publish documents that would allow them to present their arguments in court. These companies also used their resources to try and skew the public perception about the truth regarding the health risks of asbestos. Class action lawsuits are among of the most disturbing trends in asbestos litigation. These lawsuits permit victims and their families to take on multiple defendants at one time rather than pursuing individual lawsuits against each company. This method, though it could be beneficial in certain circumstances, it can cause confusion and delay for asbestos victims. In addition, the courts have a long track record of refusing class action lawsuits in asbestos cases. Another legal strategy employed by asbestos defendants is to seek out legal rulings that can assist them in limiting the scope of their liability. They are attempting to get judges to accept that only producers of asbestos-containing products can be held responsible. They also want to limit the types damages that a juror can award. This is a crucial issue, as it will impact the amount the victim is awarded in their asbestos lawsuit. The Third Case In the late 1960s, mesothelioma cases began appearing on the court docket. The disease develops after exposure to asbestos, a mineral that a lot of companies used to use in various construction materials. The lawsuits brought by those suffering from mesothelioma focused on the companies that caused their exposure to asbestos. Mesothelioma sufferers have long periods of latency which means that patients do not usually show symptoms of the disease until many years after exposure to the material. This makes mesothelioma-related lawsuits more difficult to win than other asbestos-related ailments. Additionally, the companies who used asbestos typically covered up their use of asbestos because they knew that it was dangerous. Many asbestos-related companies declared bankruptcy due to the litigation firestorm surrounding mesothelioma lawsuits. This allowed them to reorganize under the supervision of the courts and set funds aside to cover current and future asbestos-related liabilities. Companies like Johns-Manville have set aside more than 30 billion dollars to pay mesothelioma sufferers and other asbestos-related diseases. However, this also triggered an attempt by defendants to obtain legal rulings that would restrict their liability in asbestos lawsuits. For instance, a few defendants have attempted to argue that their products were not made from asbestos-containing materials, but were merely used in conjunction with asbestos-containing materials that were subsequently purchased by the defendants. This argument is well-executed in the British case of Lubbe V Cape Plc (2000 UKHL 41). A number of massive asbestos trials, consolidated into the Brooklyn Navy Yard and Con Edison Powerhouse trials, occurred in New York in the 1980s and 1990s. Levy Konigsberg LLP attorneys served as the leading counsel in these cases as well as other major asbestos litigation in New York. The consolidated trials, in which hundreds of asbestos claims were merged into one trial, reduced the number of asbestos lawsuits, and also resulted in significant savings for companies involved in litigation. Another key development in asbestos litigation came through the passage of Senate Bill 15 and House Bill 1325 in 2005. These reforms in law required 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, in conjunction with the passing of other similar reforms, effectively quelled the litigation firestorm. The Fourth Case As asbestos companies ran out defenses against the lawsuits filed on behalf victims, they began attacking their adversaries attorneys who represent them. The goal of this strategy is to make the plaintiffs appear guilty. This is a disingenuous tactic intended to deflect focus from the fact that asbestos companies were the ones responsible for asbestos exposure and mesothelioma which followed. This approach has proven effective, and it is the reason people who have been diagnosed with mesothelioma should speak with a reputable firm as soon as possible. Even if it isn't clear that you think you have mesothelioma-related cancer, an experienced firm with the right resources can provide evidence of exposure and build a strong case. In the early days of asbestos litigation, there was a wide range of legal claims brought by different types of litigants. First, there were workers exposed at work suing companies that mined and made asbestos-related products. Another class of litigants included those exposed at the home or in public buildings who sued employers and property owners. Later, people diagnosed with mesothelioma or other asbestos-related illnesses, sue companies that sell asbestos-containing products, the manufacturers of protective equipment, banks that funded projects using asbestos and many other parties. One of the most significant developments in asbestos litigation occurred in Texas. Asbestos firms were specialized in the process of bringing asbestos cases before courts and fomenting them in large quantities. Of these was the law firm of Baron & Budd, which was infamous for its secret method of instructing its clients to select particular defendants, and filing cases in bulk with no regard to accuracy. The courts eventually rebuked this practice of “junk-science” in asbestos suits and enacted legislative remedies to end the litigation firestorm. Asbestos victims deserve an equitable amount of compensation for their losses, which includes medical costs. To ensure that you receive the compensation to which you have a right to, consult with an experienced firm that is specialized in asbestos litigation as quickly as possible. A lawyer will review the facts of your case and determine if there is a valid mesothelioma claim and assist you in pursuing justice.