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Asbestos Lawsuit History Asbestos lawsuits are handled by an intricate procedure. 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. The law requires companies that manufacture dangerous products to warn consumers of 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, filed one of the first asbestos suits ever filed. In his case, Borel argued that several manufacturers of asbestos insulation products did not warn workers of the dangers of inhaling asbestos, a dangerous mineral. Asbestos lawsuits can compensate victims for different injuries resulting from exposure to asbestos. Compensatory damages may include monetary value for pain and suffering, lost earnings, medical expenses, and property damage. Depending on the location, victims could also be awarded punitive damages to punish companies for their wrongdoing. Despite warnings throughout the years, many companies in the United States continued to use asbestos. In 1910 the annual production of asbestos in the world surpassed 109,000 metric tons. The massive consumption of asbestos was driven by the need for low-cost and durable construction materials to accommodate the increasing population. The demand for inexpensive mass-produced products made from asbestos fueled the rapid growth of the manufacturing and mining industries. By the 1980s, asbestos producers were facing thousands of lawsuits brought by mesothelioma and other asbestos-related diseases. Many asbestos companies were forced to go bankrupt, and others settled the lawsuits for large sums of money. However lawsuits and other investigations revealed a huge amount of fraud and corruption by plaintiff's attorneys and asbestos companies. The litigation that followed led to the conviction of many individuals under 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 of lawyers to defraud defendants and drain bankruptcy trusts. His “estimation ruling” drastically changed the face of asbestos litigation. Hodges discovered, for instance that in one instance the lawyer told a jury that his client was just exposed to Garlock products, whereas the evidence suggested a far larger scope of exposure. Hodges also found that lawyers made up assertions, concealed information and even fabricated evidence to obtain asbestos victims the compensation they wanted. Since since then other judges have also noted some legal issues in asbestos lawsuits but not to the extent of the Garlock case. The legal community hopes that the ongoing revelations about fraud and abuse in asbestos claims will lead to more accurate estimates of the amount asbestos victims owe companies. The Second Case Thousands of people across the United States have developed mesothelioma and other asbestos-related diseases because of the negligence of companies who produced and sold asbestos-related products. Asbestos lawsuits have been filed in federal and state courts and it's not uncommon for victims to receive significant compensation for their losses. 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 found that the producers of asbestos-containing insulation were responsible for his injuries because they did not inform him of the dangers of exposure to asbestos. This ruling opened up the possibility of other asbestos lawsuits being successful and resulting in settlements or awards for victims. Many companies were seeking ways to reduce their liability as asbestos litigation grew. They did this by hiring suspicious “experts” to conduct research and then publish papers that would assist them to make their arguments in the courtroom. These companies also utilized their resources to skew the public perception about the truth about asbestos's health hazards. Class action lawsuits are among of the most troubling trends when it comes to asbestos litigation. These lawsuits permit victims to bring suit against multiple defendants at one time instead of filing separate lawsuits against each company. While this strategy can be beneficial in certain cases, could cause confusion and delay for asbestos victims. The courts have also rejected class action lawsuits for asbestos cases in the past. Another legal strategy used by asbestos defendants is to seek out legal rulings that can assist them in limiting the extent of their liability. They are attempting to get judges to agree that only the producers of asbestos-containing products can be held responsible. They also are seeking to limit the kinds of damages a judge can award. This is an extremely important issue because it will impact the amount an asbestos 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 which was a mineral often used in construction materials. Mesothelioma sufferers filed lawsuits against companies who exposed them to asbestos. Mesothelioma is a disease with long periods of latency which means that patients do not often show signs of the disease until many years after being exposed to the material. This makes mesothelioma lawsuits more difficult to win than other asbestos-related ailments. Asbestos is a hazard and companies that make use of it frequently cover up their use. The raging litigation over mesothelioma lawsuits led to a number asbestos companies declaring bankruptcy, allowing them to reorganize themselves in an unsupervised court proceeding and set funds aside for future and future asbestos-related liabilities. Companies like Johns-Manville have set aside more than $30 billion to compensate mesothelioma victims and other asbestos-related diseases. This prompted defendants to seek legal rulings which could limit their liability in asbestos lawsuits. Certain defendants, for instance, have tried to argue that their asbestos-containing products weren't made, but were utilized together with asbestos material that was subsequently purchased. The British case of Lubbe v. Cape Plc (2000, UKHL 41) is a good example of this argument. A series of large asbestos trials, consolidated into the Brooklyn Navy Yard and Con Edison Powerhouse trials that were held in New York in the 1980s and the 1990s. Levy Konigsberg LLP lawyers served as leading counsel for these cases as well as other asbestos litigation in New York. These consolidated trials, in which hundreds of asbestos claims were combined into a single trial, cut down the number of asbestos lawsuits and provided significant savings to companies involved in litigation. In 2005, the passing of Senate Bill 15 (now House Bill 1325) and House Bill 1325 (now Senate Bill 15) was another important step in the asbestos litigation. These legal reforms required evidence in asbestos lawsuits to be based on peer reviewed scientific studies rather than speculation or supposition from an expert witness hired by the government. These laws, along with the passage of similar reforms, effectively put out the litigation raging. The Fourth Case As asbestos companies had no defenses to the lawsuits brought by victims, they began to attack their opponents – the lawyers that represent them. This tactic is designed to make plaintiffs appear to be guilty. This is a tactic that is disingenuous intended to deflect attention away from the fact that asbestos companies were the ones responsible for mesothelioma exposure and the mesothelioma that subsequently developed. This method has proven to be extremely effective, and this is the reason why those who have been diagnosed with mesothelioma should consult with an experienced firm as soon as they can. Even if you do not believe you have mesothelioma, an expert firm with the right resources can locate evidence of exposure and build a strong case. In the early days of asbestos litigation, there was a wide variety of legal claims filed by various litigants. Workers exposed at work sued companies that mined or manufactured asbestos-related products. Another class of litigants consisted of those exposed at home or in public structures who sued property owners and employers. Later, people diagnosed with mesothelioma or any other asbestos-related illnesses, sue distributors of asbestos-containing products, manufacturers of protective equipment, banks that funded projects that used asbestos, and many other parties. Schaumburg asbestos lawyer of the most significant developments in asbestos litigation occurred in Texas. Asbestos companies were experts in taking asbestos cases to court and provoking them in huge numbers. Of these was the law firm of Baron & Budd, which was known for its secret method of educating its clients to select specific defendants and filing cases in bulk, with little regard for accuracy. The courts eventually rebuked this practice of “junk-science” in asbestos lawsuits and enacted legislative remedies that helped quell the litigation firestorm. Asbestos victims are entitled to fair compensation, including for the cost of medical treatment. To ensure that you receive the compensation to which you are entitled, contact a reputable firm that is specialized in asbestos litigation as quickly as possible. A lawyer can analyze your individual circumstances and determine if you have a viable mesothelioma case and assist you in pursuing justice against asbestos-related companies that harmed you.