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Asbestos Lawsuit History Asbestos lawsuits are handled through a complex process. Levy Konigsberg LLP lawyers have played a major role in consolidated trials of asbestos in New York that resolve a variety of claims all at one time. Companies that produce hazardous products are required by law to warn consumers about the dangers. This is especially relevant to companies that mill, mine or manufacture asbestos or asbestos-containing substances. The First Case Clarence Borel, a construction worker, brought one of the first asbestos lawsuits ever filed. In his case, Borel argued that several asbestos insulation producers failed to warn workers of the dangers of breathing in the hazardous mineral. Asbestos lawsuits can award victims with compensatory damages for a wide range of injuries related to exposure to asbestos. Compensation damages could include monetary value for pain and suffering, lost earnings, medical expenses, and property damage. Depending on the area of jurisdiction, victims could be awarded punitive damages meant 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 annual production of asbestos around the world surpassed 109,000 metric tons. This massive consumption of asbestos was driven primarily by the need for sturdy and affordable construction materials to keep pace with population growth. The demand for low-cost mass-produced products made from asbestos was a major factor in the rapid growth of manufacturing and mining industries. In the year 1980, asbestos companies faced thousands of lawsuits from mesothelioma patients and other asbestos disease victims. Many asbestos companies filed for bankruptcy while others settled lawsuits with huge sums of cash. But investigations and lawsuits revealed that asbestos-related companies and plaintiff's lawyers were guilty of committing many frauds and corrupt practices. The lawsuits that followed led to convictions of many individuals under the Racketeer corrupt and influenced 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 of lawyers to fraudulently defraud defendants and to drain bankruptcy trusts. His “estimation ruling” dramatically changed the landscape of asbestos litigation. For instance, he found that in one case an attorney claimed that the jury that his client was exposed to Garlock's products, but the evidence pointed to a much wider scope of exposure. Hodges discovered that lawyers made up claims, hid information, and even made up evidence to get asbestos victims settlements. Other judges have also discovered legal evasions in asbestos cases, but not at the level of 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 Many people across the United States have developed mesothelioma and other asbestos-related diseases because of the negligence of companies that produced and sold asbestos-related products. Asbestos suits have been filed in state and federal courts. Victims often receive a substantial amount of compensation. Clarence Borel was the first asbestos case to receive a verdict. He was diagnosed with mesothelioma following 33 years of working as an insulation worker. The court ruled that the manufacturers of asbestos-containing insulation were liable for his injuries because they did not inform him of the dangers of exposure to asbestos. This ruling opened the door for other asbestos lawsuits to obtain verdicts and awards for victims. As asbestos litigation grew in the industry, many of the companies involved in the cases were trying to find ways to reduce their liability. They did this by paying suspicious “experts” to conduct research and publish papers that would help them present their arguments in the courtroom. These companies also used their resources to try and skew the public perception about the truth regarding the health risks of asbestos. One of the most troubling developments in asbestos litigation is the use of class action lawsuits. These lawsuits allow victims and their families to sue multiple defendants at once rather than pursuing individual lawsuits against each company. This tactic, while it may be helpful in certain situations, it can create confusion and take away time from 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 to convince judges to agree that only producers of asbestos-containing products can be held liable. They also would like to limit the types of damages that jurors may award. This is a crucial issue because it will impact the amount of money an asbestos victim will receive in their asbestos lawsuit. The Third Case The number of mesothelioma lawsuits began to increase in the latter half of the 1960s. The disease develops after exposure to asbestos, a mineral many companies used to make a variety of construction materials. Workers with mesothelioma have filed lawsuits against the companies who exposed them to asbestos. The time it takes for mesothelioma to develop is lengthy, which means that patients don't exhibit symptoms until decades after exposure to asbestos. Mesothelioma is harder to prove than other asbestos-related illnesses because of this long period of latency. In addition, the companies who used asbestos typically concealed their use of asbestos because they knew it was dangerous. Many asbestos-related companies declared bankruptcy because of the litigation firestorm surrounding mesothelioma lawsuits. This allowed them to reform under the supervision of the courts and set funds aside to cover future asbestos liabilities. Companies like Johns-Manville set aside more than $30 billion to pay victims of mesothelioma and various asbestos-related diseases. But this also triggered an attempt by defendants to get legal rulings that would restrict their liability in 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 material which was later purchased. This argument is clearly illustrated in the British case of Lubbe V Cape Plc (2000 UKHL 41). In the 1980s, and 1990s, New York was home to a number of major asbestos trials, including the Brooklyn Navy Yard trials and the Con Edison Powerhouse trials. Levy Konigsberg LLP attorneys served as leading counsel in these cases and other major asbestos litigation in New York. These trials, in which hundreds of asbestos claims were merged into a single trial, cut down the number of asbestos lawsuits and also resulted in significant savings for companies involved in litigation. Another key advancement in asbestos litigation was made through the adoption of Senate Bill 15 and House Bill 1325 in 2005. These legal reforms required that the evidence used in a lawsuit involving asbestos be based on peer-reviewed scientific studies, rather than on conjecture and suppositions from a hired-gun expert witness. These laws, in conjunction with the passage of similar reforms, effectively put out the litigation firestorm. The Fourth Case As the asbestos companies were unable to defend themselves against the lawsuits filed by victims, they began to attack their adversaries and the lawyers who represent them. The purpose of this tactic is to make the plaintiffs appear guilty. This is a deceitful tactic to divert attention away from the fact that asbestos-related companies were the ones responsible for asbestos exposure and mesothelioma. This strategy has proven be very effective. Fall River asbestos lawyer who has been diagnosed with mesothelioma must consult an experienced firm as quickly as possible. Even if you don't believe you have mesothelioma-related cancer An experienced firm with the appropriate resources can find evidence of your exposure and help build a solid case. In the beginning of asbestos litigation there was a broad variety of legal claims filed by different litigants. Workers exposed at work sued companies that mined or manufactured asbestos-related products. Another class of litigants comprised those exposed at home or in public buildings suing property owners and employers. Later, people diagnosed with mesothelioma or any other asbestos-related diseases suing suppliers of asbestos-containing products, manufacturers of protective equipment, banks that financed projects using asbestos, and numerous other parties. Texas was the location of one of the most important developments in asbestos litigation. Asbestos firms specialized in bringing asbestos cases to court and provoking them in large quantities. Baron & Budd was one of these firms, which became famous for its unique method of instructing clients to target specific defendants and for filing cases with no regard for accuracy. This method of “junk science” in asbestos lawsuits was eventually rebuked by the courts and legislative remedies were put in place that slowed the litigation firestorm. Asbestos victims need an equitable amount of compensation for their losses, which includes medical costs. Find a reputable firm that specializes in asbestos litigation to make sure you get the compensation you're entitled to. A lawyer can review your personal circumstances and determine if you have a viable mesothelioma case and help you seek justice against asbestos firms that hurt you.