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Asbestos Lawsuit History Asbestos lawsuits are handled in a complex way. Levy Konigsberg LLP lawyers have been a key part of consolidated trials of asbestos in New York that resolve a number of claims at one time. Manufacturers of hazardous products are legally required to inform consumers about the dangers. This is particularly applicable to companies that mine, mill or manufacture asbestos-containing products or asbestos-containing materials. The First Case Clarence Borel, a construction worker, brought one of the first asbestos suits ever filed. Borel claimed asbestos insulation companies failed to warn workers about the dangers of inhaling asbestos. Asbestos lawsuits can award victims compensation damages for a wide range of injuries related to exposure to asbestos. The compensation can consist of a sum of money to ease pain and discomfort, lost earnings, medical costs as well as property damage. Based on the jurisdiction, victims may also be awarded punitive damages to penalize companies for their wrongdoing. Despite warnings for many years and despite warnings from the United States continued to use asbestos. In 1910, the world's annual production of asbestos surpassed 109,000 metric tons. This massive consumption of asbestos was primarily driven by the requirement for durable and affordable construction materials in order to accommodate population growth. The demand for low-cost mass-produced products made from asbestos fueled the rapid growth of the manufacturing and mining industries. In the year 1980, asbestos companies were facing thousands of lawsuits from mesothelioma and other asbestos disease victims. Many asbestos companies filed for bankruptcy and others settled lawsuits with large sums of money. But investigations and lawsuits revealed that asbestos companies and plaintiff's lawyers were guilty of committing many frauds and corrupt practices. The lawsuits that followed led to the conviction of many individuals in the Racketeer Influenced and Corrupt Organizations Act (RICO). In a neoclassical limestone building on Trade Street in Charlotte's Central Business District, Judge George Hodges uncovered a decades-old scheme by lawyers to defraud defendants and drain bankruptcy trusts. His “estimation decision” changed the course of asbestos lawsuits. Hodges discovered, for instance that in one instance the lawyer told jurors that his client was only exposed to Garlock products, when the evidence suggested a far broader scope of exposure. Hodges discovered that lawyers made up claims, hid information, and even created fake evidence to secure asbestos victims' settlements. Since the time other judges have also noted the need for legal redress in asbestos lawsuits, but not as much as the Garlock case. The legal community hopes that ongoing revelations about fraud and fraud in asbestos claims will result in more accurate estimates of the amount asbestos victims owe companies. The Second Case The negligence of businesses that manufactured and sold asbestos-related products has resulted in the emergence mesothelioma that has affected thousands of Americans. Asbestos lawsuits have been filed in federal and state courts and it's not uncommon for victims to receive substantial compensation for their injuries. The first asbestos-related lawsuit to receive a decision was the case of Clarence Borel, who suffered from asbestosis and mesothelioma while working as an insulator for 33 years. The court determined that the producers of asbestos-containing insulation are liable for his injuries since they did not warn him about the dangers of exposure to asbestos. This ruling opens up the possibility of other asbestos lawsuits proving successful and culminating in verdicts or awards for victims. While asbestos litigation was on the rise in the industry, many of the companies involved in the litigation were looking for ways to reduce their liability. This was accomplished by paying “experts” who were not credible to do research and produce papers to justify their claims in court. They also employed their resources to try to distort public perceptions of the truth about the asbestos's health risks. Class action lawsuits are among of the most troubling trends in asbestos litigation. These lawsuits allow victims and their families to pursue multiple defendants at the same time rather than pursuing individual lawsuits against each company. This tactic, while it can be beneficial in certain cases, can create confusion and delay for asbestos victims. The courts have also rejected class action lawsuits for asbestos cases in the past. Asbestos defendants also use a legal strategy to limit their liability. They are trying get judges to agree that only the manufacturers of asbestos-containing product can be held responsible. They also want to limit the types of damages that juries can give. This is an important issue as it will impact the amount of money that the victim will receive in their asbestos lawsuit. The Third Case In the late 1960s, mesothelioma cases began to rise on the court docket. The disease is caused by asbestos exposure, a mineral that was previously used in a variety of construction materials. Lawsuits brought by workers suffering from mesothelioma centered on the companies that caused their exposure to asbestos. The mesothelioma latency time is long, which means that patients don't typically exhibit symptoms until decades after exposure to asbestos. Mesothelioma is more difficult to prove than other asbestos-related illnesses due to its long latency period. Asbestos is a dangerous material and businesses that use it often conceal their use. A few asbestos-related companies declared bankruptcy due to the raging litigation over mesothelioma lawsuits. This allowed them to regroup under the supervision of a court and put funds aside to cover current and future asbestos liabilities. Companies like Johns-Manville set aside more than $30 billion to pay mesothelioma victims and other asbestos-related diseases. This also triggered an attempt by defendants to get legal rulings that could limit their liability in asbestos lawsuits. Certain defendants, for example have tried to claim that their asbestos-containing products were not manufactured but were used together with asbestos material that was subsequently purchased. This argument is clearly illustrated in the British case of Lubbe V Cape Plc (2000 UKHL 41). A series of large consolidated asbestos trials, including the Brooklyn Navy Yard and Con Edison Powerhouse trials, occurred in New York in the 1980s and 1990s. Levy Konigsberg LLP lawyers served as the chief counsel for these cases as well as other asbestos litigation in New York. The consolidated trials, in which hundreds of asbestos claims were brought into one trial, reduced the number of asbestos lawsuits and provided significant savings to companies involved in litigation. In 2005, the adoption of Senate Bill 15 (now House Bill 1325) and House Bill 1325 (now Senate Bill 15) was an significant development in asbestos litigation. These legal reforms required that the evidence presented in a lawsuit involving asbestos be based on peer-reviewed scientific studies rather than based on speculation or supposition from a hired gun expert witness. These laws, as well as the passage of similar reforms, effectively put out the litigation firestorm. The Fourth Case As the asbestos companies ran out of defenses to the lawsuits brought by victims they began to attack their opponents – the lawyers who represent them. The purpose of this tactic is to make the plaintiffs look guilty. This is a disingenuous tactic designed to divert attention from the fact that asbestos-related companies were the ones responsible for asbestos exposure and the mesothelioma that followed. This strategy has proven to be very effective. Anyone who has been diagnosed with mesothelioma should consult a reputable law firm as quickly as possible. Even if you do not believe you are a mesothelioma case An experienced firm with the appropriate resources can locate evidence of your exposure and help build a solid case. In West Valley City asbestos attorneys , asbestos litigation was characterized by a broad variety of legal claims. Workers who were exposed at work filed lawsuits against companies that mined or manufactured asbestos products. In the second, those exposed in private or public buildings sued their employers and property owners. Then, those who were diagnosed with mesothelioma and various asbestos-related illnesses sued distributors of asbestos-containing materials as well as manufacturers of protective gear, banks that financed asbestos-related projects, and numerous other parties. Texas was the site of one of the most significant developments in asbestos litigation. Asbestos firms in the state specialized in fomenting asbestos cases and taking the cases to court in large numbers. One of them was the law firm of Baron & Budd, which was infamous for its secret method of coaching its clients to select specific defendants, and for filing cases in bulk with little regard for accuracy. This practice of “junk science” in asbestos lawsuits was eventually rebuked by courts and legislative remedies were enacted which helped to stop the litigation raging. Asbestos victims are entitled to fair compensation for their losses, including medical expenses. Find a reputable firm that specializes in asbestos litigation to make sure you get the compensation you're entitled to. A lawyer can analyze the circumstances of your case and determine if you have a valid mesothelioma lawsuit and assist you in pursuing justice.