Asbestos Lawsuit History Asbestos lawsuits are handled by an intricate process Levy Konigsberg LLP lawyers have played a major role in asbestos trials that have been consolidated in New York that resolve a number of claims at one time The law requires manufacturers of dangerous products to warn consumers about the dangers This is especially relevant to companies that mill, mine, or manufacture asbestos or asbestos-containing materials The First Case One of the earliest https//wwwasbestoslawsuitsettlementstop/ ever filed was brought by an employee of a construction company named Clarence Borel In his case, Borel argued that several manufacturers of asbestos insulation products failed to warn workers of the dangers of breathing in asbestos, a dangerous mineral Asbestos lawsuits can award victims compensation damages for a variety of injuries that result from exposure to asbestos Compensatory damages can include a monetary value for suffering and pain, loss of earnings, medical expenses, and property damage Based on where you live, victims can also receive punitive damages to punish the company for its wrongdoing Despite warnings throughout the years, many companies in the United States continued to use asbestos By 1910, the global annual production of asbestos surpassed 109,000 metric tons The massive consumption of asbestos was driven by the need for low-cost and durable construction materials to meet the increasing population The demand for inexpensive manufactured products made of asbestos fueled the rapid growth of mining and manufacturing industries By the 1980s, asbestos producers were facing thousands of lawsuits from mesothelioma and other asbestos disease victims Many asbestos companies were forced to go bankrupt and others settled lawsuits for large amounts of money But investigations and lawsuits found that asbestos companies as well as plaintiff's lawyers had engaged in a large amount of fraud and corrupt practices The resultant litigation led to the convictions of a variety of individuals under the Racketeer corrupt and controlled organizations Act RICO In a Neoclassical building made of limestone situated on Trade Street, Charlotte's Central Business District CBD, Judge George Hodges exposed a decades-old scheme to swindle clients and drain bankruptcy trusts His "estimation ruling" dramatically changed the landscape of asbestos litigation For example, he found that in one instance, a lawyer told the jury that the client was exposed to Garlock's products, but the evidence suggested a much wider scope of exposure Hodges also discovered that lawyers used false assertions, concealed information and even invented evidence to get asbestos victims the compensation they sought Since the time other judges have also observed the need for legal redress in asbestos lawsuits, but not to the extent of the Garlock case The legal community hopes the ongoing revelations about fraud and abuse in asbestos claims will lead to more accurate estimates of how much asbestos victims owe businesses The Second Case The negligence of companies who manufactured and sold asbestos-related products has led to the development 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 losses The first asbestos-related lawsuit to receive a verdict was the case of Clarence Borel, who suffered from mesothelioma and asbestosis after working as an insulator for 33 years The court held asbestos-containing insulation producers responsible for his injuries as they did not warn him of the dangers of exposure to asbestos This ruling opened the door for asbestos lawsuits from other companies to win verdicts and awards 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 justify their claims in court They also used their resources to try to skew public perception of the real health risks of asbestos Class action lawsuits are one of the most disturbing trends when it comes to asbestos litigation These lawsuits permit the families of victims to take on multiple defendants at one time instead of filing individual lawsuits against each company This tactic, while it may be helpful in certain circumstances, it could cause confusion and take away time from asbestos victims Additionally, the courts have a long track record of rejecting class action lawsuits in asbestos cases Another legal strategy employed by asbestos defendants is to search for legal rulings that can aid them in limiting the extent of their liability They are attempting to get judges to agree that only manufacturers of asbestos-containing products can be held accountable They are also trying to limit the types of damages that juries can give This is a crucial issue as it will impact the amount of money victims will receive in their asbestos lawsuit The Third Case The number of mesothelioma cases began to increase in the latter half of the 1960s The disease develops after exposure to asbestos, a mineral that a lot of companies used to use in various construction materials Lawsuits brought by workers suffering from mesothelioma centered on the businesses responsible for their exposure to asbestos The mesothelioma latency time is long, which means that patients don't develop symptoms until years after exposure to asbestos Mesothelioma is harder to prove than other asbestos-related diseases due to its long latency period Additionally, the businesses who used asbestos typically covered up their use of the substance because they knew that it was dangerous Many asbestos-related firms declared bankruptcy as a result of the litigation firestorm surrounding mesothelioma lawsuits This allowed them to reform under court supervision and set funds aside to cover current and future asbestos-related liabilities Companies like Johns-Manville set aside more than 30 billion to pay victims of mesothelioma and other asbestos-related diseases This led defendants to seek legal decisions that would limit their liability for asbestos lawsuits For example, some defendants have attempted to claim that their products weren't made from asbestos-containing materials, but were simply used in conjunction with asbestos-containing materials that were subsequently purchased by the defendants This argument is well illustrated in the British case of Lubbe V Cape Plc 2000 UKHL 41 A series of large asbestos trials that were consolidated, including the Brooklyn Navy Yard and Con Edison Powerhouse trials that were held in New York in the 1980s and 1990s Levy Konigsberg LLP lawyers served as leading counsel for these cases as well as other asbestos litigation in New York These consolidated trials, where hundreds of asbestos claims were merged into one trial, reduced the number of asbestos lawsuits and provided significant savings for companies involved in litigation Another significant development in asbestos litigation came through the adoption of Senate Bill 15 and House Bill 1325 in 2005 These reforms to the law required the evidence used in asbestos lawsuits be founded on peer-reviewed scientific studies rather than based on speculation and suppositions from a hired-gun expert witness These laws, as well as the passage of other reforms similar to them, effectively put out the firestorm of litigation The Fourth Case As asbestos companies were unable to defend themselves against the lawsuits filed by victims, they began to attack their adversaries the lawyers that represent them This strategy is designed to make the plaintiffs appear guilty This is a disingenuous tactic designed to divert attention from the fact that asbestos-related companies were responsible for asbestos exposure and the mesothelioma that followed This strategy has proven to be very effective People who have been diagnosed with mesothelioma must consult a reputable law firm as quickly as possible Even if you don't believe you are mesothelioma-related cancer, an experienced firm with the appropriate resources can provide evidence of exposure and help build a solid case In the beginning, asbestos litigation was characterized by a range of legal claims First, there were those exposed in the workplace suing businesses that mined and produced asbestos-related products Another group of litigants included those who were exposed at home or in public buildings who sued employers and property owners Later, those diagnosed with mesothelioma or other asbestos-related diseases filed suit against distributors of asbestos-containing materials and manufacturers of protective gear and banks that funded asbestos-related projects, and numerous other parties One of the most significant developments in asbestos litigation was in Texas Asbestos firms in Texas specialized in fomenting asbestos cases and bringing them to court in large numbers Baron amp; Budd was one of these firms It was renowned for its shrewd method of coaching clients to focus on specific defendants and for filing cases with no regard for accuracy The courts eventually disavowed this practice of "junk-science" in asbestos lawsuits and instituted legislative remedies that helped to end the litigation firestorm Asbestos sufferers are entitled to fair compensation, including for medical expenses To ensure you receive the compensation to which you are entitled, consult with an experienced firm that is specialized in asbestos litigation as quickly as you can A lawyer can review your individual circumstances and determine if you have an appropriate mesothelioma lawsuit and help you pursue justice against asbestos-related firms that hurt you