Asbestos Lawsuit History
Asbestos lawsuits are dealt with through an intricate process. Levy Konigsberg LLP lawyers have played a significant role in asbestos trials that have been consolidated in New York that resolve a number of claims all at once.
The law requires companies that manufacture dangerous products to warn consumers about the dangers. This is particularly relevant to companies that manufacture, mine, or mill asbestos or asbestos-containing products.
The First Case
Clarence Borel, a construction worker, filed one of the first asbestos suits 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 variety of injuries that result from exposure to asbestos. Compensation damages could include amount of money for pain and suffering, lost earnings, medical expenses and property damage. Depending on where you reside the victim may also be awarded punitive damages in order to punish the company for its wrongdoing.
Despite warnings for years, many companies in the United States continued to use asbestos. By 1910, the global annual production of asbestos was more than 109,000 metric tons. The huge consumption of asbestos was primarily driven by the need for sturdy and cheap building materials to keep pace with population growth. The demand for inexpensive, mass-produced products made of asbestos helped fuel the rapid growth of mining and manufacturing industries.
In the 1980s, asbestos producers faced thousands of lawsuits from mesothelioma sufferers and other people suffering from asbestos diseases. Many asbestos companies declared bankruptcy and others settled lawsuits with huge sums of money. However, lawsuits and other investigations revealed an enormous amount of fraud and corruption by plaintiff's lawyers and asbestos companies. The lawsuits that followed resulted in convictions for a number of individuals in the Racketeer Influenced and Corrupt Organisations Act (RICO).
In a neoclassical structure of limestone located on Trade Street, Charlotte's Central Business District (CBD), Judge George Hodges exposed a decades-old scheme to defraud clients and deplete trusts in bankruptcy. His "estimation decision" changed the landscape of asbestos lawsuits.
He found, for example in one instance, an attorney claimed to a jury that his client was only exposed to Garlock products, when the evidence indicated a much broader scope of exposure. Hodges also discovered that lawyers used false claims, concealed information and even fabricated evidence to gain asbestos victims the settlements they were seeking.
Other judges have also noted dubious legal maneuvering in asbestos cases, though not at the level of the Garlock case. The legal community hopes the continuing revelations about fraud and fraud in asbestos claims will lead to more accurate estimates of the amount asbestos victims owe businesses.
The Second Case
The negligence of companies who manufactured and sold asbestos products has resulted in the development mesothelioma among thousands of Americans.
asbestos attorney 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 be awarded a verdict. He suffered from mesothelioma after a period of 33 years working as an insulation worker. The court found that the makers of asbestos-containing insulation were responsible for his injuries since they did not inform him of the dangers of asbestos exposure. This ruling could open the possibility of other asbestos lawsuits proving successful and culminating in settlements or awards for victims.
Many companies were trying to limit their liabilities as asbestos litigation increased. They did this by hiring suspicious "experts" to conduct research and then publish papers that would help them present their arguments in court. They also employed their resources to try to distort public perceptions of the truth about the health risks of asbestos.
Class action lawsuits are one of the most troubling trends when it comes to asbestos litigation. These lawsuits let victims pursue multiple defendants at the same time, rather than pursuing separate lawsuits against each company. While this tactic can be beneficial in certain instances, it could lead to a lot of confusion and time wastage for asbestos victims and their families. Additionally the courts have a long tradition of denying class action lawsuits in asbestos cases.
Asbestos defendants also use a legal strategy to limit their liability. They are trying to convince judges to agree that only the manufacturers of asbestos-containing products should be held accountable. They are also trying to limit the types of damages a jury can award. This is a crucial issue since it could affect the amount of money that the victim will receive in their asbestos lawsuit.
The Third Case
In the latter half of the 1960s, mesothelioma cases began appearing on the court docket. The disease is caused by exposure to asbestos which was once used in many construction materials. Lawsuits brought by workers suffering from mesothelioma focused on the companies responsible for their exposure to asbestos.
The latency period for mesothelioma is long, meaning that patients don't typically show symptoms until decades after exposure to asbestos. This makes mesothelioma-related lawsuits more difficult to prevail than other asbestos-related illnesses. Asbestos is a hazard and companies that make use of it often conceal their use.
A number of asbestos companies declared bankruptcy due to the mesothelioma litigation lawsuits. This allowed them to reorganize under court supervision and set funds aside to cover the future asbestos liabilities. Companies like Johns-Manville have set aside more than 30 billion dollars to pay mesothelioma victims as well as other asbestos-related diseases.
This led defendants to seek legal rulings which would limit their liability for asbestos lawsuits. For instance, some defendants have attempted to argue that their products weren't made with asbestos-containing materials but were simply used in conjunction with asbestos-containing materials later purchased by the defendants. The British case of Lubbe v. Cape Plc (2000, UKHL 41) is a good example of this argument.
In the 1980s and into the 1990s, New York was home to a series of large asbestos trials, including the Brooklyn Navy Yard trials and the Con Edison Powerhouse trials. Levy Konigsberg LLP lawyers served as leading counsel for these cases and other asbestos litigation in New York. These trials, in which hundreds of asbestos claims were merged into one trial, reduced the number of asbestos lawsuits and resulted in 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 lawyers litigation. These reforms in law required evidence in asbestos lawsuits to be based on peer-reviewed scientific studies, not conjecture or suppositions made by an expert witness hired by the government. These laws, along with the passing of other similar reforms, effectively quelled the litigation raging.
The Fourth Case
As asbestos companies exhausted their defenses against lawsuits filed on behalf of victims, they began to attack their adversaries attorneys who represent them. This strategy is designed to make plaintiffs appear guilty. This is a shady strategy to distract attention from the fact that asbestos companies were responsible asbestos exposure and mesothelioma.
This method has proven to be extremely effective. Anyone who has been diagnosed with mesothelioma must consult a reputable law firm as soon as they can. Even if you don't think you have mesothelioma, an experienced firm can provide evidence to support a claim.
In the beginning asbestos litigation was characterized by a variety of legal claims. Workers who were exposed at work sued businesses that mined or produced asbestos products. Another group of litigants consisted of those exposed at home or in public structures who sued property owners and employers. Then, those who were diagnosed with mesothelioma or other asbestos-related illnesses sued suppliers of asbestos-containing products as well as manufacturers of protective gear and banks that funded asbestos-related projects, and numerous other parties.
Texas was the location of one of the most significant developments in asbestos litigation. Asbestos firms specialized in the process of bringing asbestos cases before courts and fomenting them in huge numbers. One of them was the law firm of Baron & Budd, which was infamous for its secret method of educating its clients to target specific defendants and 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 put in place which helped to stop the litigation raging.
Asbestos victims are entitled to fair compensation for their losses, including medical costs. To ensure you receive the amount of compensation you are entitled, you should seek out a reputable firm that specializes in asbestos litigation as soon as possible. A lawyer can analyze your personal circumstances and determine if you're in a viable mesothelioma case and assist you in pursuing justice against the asbestos companies that harmed you.