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Asbestos Lawsuit History Asbestos lawsuits are dealt with through a complicated procedure. Levy Konigsberg LLP lawyers have played a significant role in consolidated trials of asbestos in New York that resolve a variety of claims all at once. Companies that produce dangerous products are required by law to warn consumers about the dangers. This is particularly relevant to companies that mill, mine, or manufacture asbestos or asbestos-containing products. The First Case Clarence Borel, a construction worker, brought one of the first asbestos lawsuits ever filed. Borel claimed that asbestos insulation manufacturers failed to warn workers about the dangers of breathing asbestos. Asbestos lawsuits can award victims compensation damages for a range of injuries that result from exposure to asbestos. Compensatory damages may include cash value for pain and suffering, lost earnings, medical expenses, and property damage. Based on the location, victims could also be awarded punitive damages to punish companies for their actions. Despite numerous warnings, many companies continued to employ asbestos in a range of products throughout the United States. In 1910, the world's annual production of asbestos exceeded 109,000 metric tons. This enormous consumption of asbestos was driven by the need for low-cost and robust construction materials to support the growing population. The demand for cheap mass-produced products made from asbestos was a major factor in the rapid growth of the mining and manufacturing industries. By the 1980s, asbestos producers faced thousands of lawsuits brought by mesothelioma and other asbestos-related diseases. Many asbestos companies declared bankruptcy while others settled lawsuits with large sums of money. However, investigations and lawsuits revealed that asbestos-related companies and plaintiff's lawyers had committed many frauds and corrupt practices. The subsequent litigation led to convictions for many individuals under the Racketeer-Influenced and Corrupt Organisations 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 by lawyers to fraudulently defraud defendants and to drain bankruptcy trusts. His “estimation ruling” profoundly changed the course of asbestos litigation. Hodges found, for instance, that in one case the lawyer told jurors that his client was only exposed to Garlock products, but the evidence showed a broader scope of exposure. Hodges also discovered that lawyers created false assertions, concealed information and even fabricated evidence to obtain asbestos victims the compensation they were seeking. Other judges have also discovered legal evasions in asbestos cases, though not on the scale of the Garlock case. The legal community hopes the ongoing revelations of 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 companies that manufactured and sold asbestos products has resulted in the emergence of mesothelioma in thousands of Americans. Asbestos lawsuits have been filed in state and federal courts and it's not uncommon for victims to receive large amounts of compensation for their injuries. Clarence Borel was the first asbestos case to receive a verdict. He suffered from mesothelioma after 33 years of working as an insulation worker. The court ruled that the producers of asbestos-containing insulation were liable for his injuries since they failed to warn him about the dangers of asbestos exposure. This ruling opened up the possibility of other asbestos lawsuits being successful and ending in awards or verdicts for victims. As asbestos litigation grew, many of the companies involved in the cases were trying to find ways to minimize their liability. This was accomplished by paying “experts” who were not credible to do research and write papers that could support their arguments in court. These companies were also using their resources to try to distort public perceptions of the real health risks of asbestos. Class action lawsuits are one of the most troubling developments in asbestos litigation. These lawsuits permit victims to pursue multiple defendants at the same time instead of pursuing separate lawsuits against each company. While this strategy could be beneficial in certain situations, it can cause a lot of confusion and waste of time for asbestos victims and their families. The courts have also ruled against class action lawsuits for asbestos cases in the past. Another legal strategy used by asbestos defendants is to seek legal rulings that aid them in limiting the scope of their liabilities. They are trying to convince judges to agree that only manufacturers of asbestos-containing products should be held responsible. They also want to limit the types of damages that juries can decide to award. This is a significant issue as it will impact the amount of money the victim will receive in their asbestos lawsuit. The Third Case In the late 1960s mesothelioma cases began appearing on the court docket. The disease is caused by exposure to asbestos which was previously used in a variety of construction materials. The lawsuits filed by people who suffer from mesothelioma focus on the businesses responsible for their exposure 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. Turlock asbestos attorneys is more difficult to prove than other asbestos-related diseases because of its lengthy time of latency. Asbestos is a dangerous material, and companies that use it frequently cover up their use. Many asbestos-related companies declared bankruptcy due to the mesothelioma litigation lawsuits. This allowed them to reform under the supervision of the courts and set funds aside to cover current and 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 example have tried to claim that their asbestos-containing products weren't manufactured, but were used together with asbestos material which was later 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, took place 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. These trials, which combined hundreds of asbestos claims into a single trial, helped to reduce the volume of asbestos lawsuits and provided significant savings for companies involved in the litigation. In 2005, the passage 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 reforms in law required evidence in asbestos lawsuits to be based on peer reviewed scientific studies rather than speculation or supposition by a hired gun expert witness. These laws, in conjunction with the passing of similar reforms, effectively quelled the litigation raging. The Fourth Case As the asbestos companies had no defenses to the lawsuits brought by victims they began to attack their adversaries the lawyers who represent them. The purpose of this tactic is to make the plaintiffs look guilty. This is a tactic that is disingenuous intended to deflect attention from the fact that asbestos companies were the ones responsible for asbestos exposure and the mesothelioma which followed. This strategy has been very effective, and it 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 think you have mesothelioma An experienced firm with the right resources can find evidence of exposure and help build a solid case. In the early days of asbestos litigation there was a wide range of legal claims brought by different types of litigants. Workers exposed at work sued businesses that mined or produced asbestos products. Another class of litigants consisted of those exposed at the home or in public buildings who sued property owners and employers. Then, those who were diagnosed with mesothelioma and other asbestos-related illnesses sued distributors of asbestos-containing materials and manufacturers of protective gear, banks that financed asbestos projects, and many other parties. Texas was the site of one of the most significant developments in asbestos litigation. Asbestos firms in Texas specialized in fomenting asbestos cases and taking the cases to court in large numbers. Among these was the law firm of Baron & Budd, which was infamous for its secret method of instructing its clients to focus on 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 quell the litigation firestorm. Asbestos victims are entitled to fair compensation, including medical treatment costs. To ensure that you get the compensation you are entitled, seek out a reputable firm that specializes in asbestos litigation as soon as possible. A lawyer can review the circumstances of your case, determine if you have a valid mesothelioma claim and assist you in pursuing justice.