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Asbestos Lawsuit History

Asbestos lawsuits are handled by a complicated procedure. Levy Konigsberg LLP lawyers have played a major role in asbestos-related trials that are consolidated in New York that resolve a number of claims at one time.

The law requires manufacturers of hazardous products to warn consumers about the dangers. This is particularly true for companies who manufacture, mill or mine asbestos or asbestos-containing items.

The First Case

One of the first asbestos lawsuits ever filed was brought by an employee of the construction industry named Clarence Borel. Borel claimed that asbestos insulation manufacturers failed to warn workers about the dangers of inhaling asbestos. Asbestos lawsuits can award victims compensation for a variety of injuries resulting from asbestos exposure. Compensation can be in the form of cash amount for pain and discomfort, lost earnings, medical expenses and property damage. Based on the area of jurisdiction, victims could be awarded punitive damages meant to punish companies for their actions.

Despite warnings for years, many manufacturers continued to make use of asbestos in a variety of products in the United States. In 1910, the annual production of asbestos in the world exceeded 109,000 metric tons. The huge consumption of asbestos was primarily driven by the requirement for durable and cheap building materials to support the growth of population. Increasing demand for inexpensive asbestos products that were mass-produced contributed to the rapid growth of the mining and manufacturing industry.

In the year 1980, asbestos companies were facing thousands of lawsuits from mesothelioma patients and other asbestos attorneys-related diseases. Many asbestos companies went bankrupt, and others settled the lawsuits for large amounts of money. However, lawsuits and other investigations showed an enormous amount of corruption and fraud by attorneys for plaintiffs and asbestos companies. The litigation that followed led to the conviction of many individuals in the Racketeer Influenced and Corrupt Organizations Act (RICO).

In a neoclassical building of limestone situated on Trade Street, Charlotte's Central Business District (CBD), Judge George Hodges exposed a decades-old scheme to defraud clients and drain bankruptcy trusts. His "estimation decision" changed the course of asbestos lawsuits.

For instance, he found that in one case the lawyer claimed to the jury that the client had only been exposed to Garlock's products, but the evidence showed a much wider scope of exposure. Hodges found that lawyers created false claims, concealed information and even made up evidence to obtain asbestos victims' settlements.

Other judges have observed legal maneuvers that are questionable in asbestos cases, but not on the scale of the Garlock case. The legal community hopes that the ongoing revelations of fraud and fraud in asbestos cases will lead to more accurate estimates of how much companies owe to asbestos attorney victims.

The Second Case

Many people across the United States have developed mesothelioma and other asbestos-related diseases because of the negligence of businesses that manufactured and sold asbestos products. Asbestos lawsuits have been filed in federal and state courts, and it's not uncommon for victims to receive substantial compensation for their loss.

The first asbestos lawsuit to get a verdict was the case of Clarence Borel, who suffered from mesothelioma as well as asbestosis after working as an insulation worker for 33 years. The court determined that the manufacturers of asbestos-containing insulation are liable for his injuries since they did not warn him about the dangers of exposure to asbestos. This ruling opened the door for asbestos lawsuits in the future to win verdicts and awards for victims.

Many companies were looking for ways to limit their liability as asbestos litigation grew. They did this by hiring shady "experts" to conduct research and publish papers that would help them argue their case in the courtroom. These companies also utilized their resources to try and influence public opinion about the truth about asbestos's health risks.

Class action lawsuits are one of the most alarming trends in asbestos litigation. These lawsuits permit the families of victims to sue multiple defendants at once instead of pursuing individual lawsuits against every company. This tactic, while it can be beneficial in certain cases, could cause confusion and waste time for asbestos victims. The courts have also ruled against class action lawsuits for asbestos cases in the past.

Asbestos defendants also use a legal strategy to limit their liability. They are trying to get judges to accept that only manufacturers of asbestos-containing products should be held accountable. They also would like to limit the types of damages that jurors can award. This is a crucial issue, as it will affect the amount a victim receives 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 asbestos exposure which was a mineral previously used in a variety of construction materials. Lawsuits brought by workers suffering from mesothelioma focused on the businesses responsible for their exposure to asbestos.

The time it takes for mesothelioma to develop is long, meaning that patients don't show symptoms until decades after exposure to asbestos. Mesothelioma is harder to prove than other asbestos-related illnesses due to its long period of latency. Additionally, the businesses that used asbestos frequently covered up their use of asbestos because they knew it was a risk.

The mesothelioma litigation firestorm lawsuits led to a variety asbestos lawyer-related companies declaring bankruptcy, allowing them to reorganize themselves in an administrative proceeding supervised by a judge and put funds aside for current and future asbestos-related obligations. Companies like Johns-Manville have set aside more than 30 billion dollars to pay mesothelioma victims as well as other asbestos-related diseases.

However, this has also led to a desire by defendants to obtain legal rulings that would limit their liability in asbestos lawsuits. For example, some defendants have attempted to argue that their products weren't made from asbestos-containing materials, but were merely used in conjunction with asbestos-containing materials later purchased by defendants. This argument is well illustrated in the British case of Lubbe V Cape Plc (2000 UKHL 41).

A string of large-scale asbestos trials, consolidated into 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 the leading counsel in these cases and other asbestos litigation in New York. These trials, where hundreds of asbestos claims were brought into one trial, slowed the number of asbestos lawsuits, and resulted in significant savings to companies involved in litigation.

Another key development in asbestos litigation came through the passage of Senate Bill 15 and House Bill 1325 in 2005. These legal reforms required the evidence in asbestos lawsuits to be based on peer reviewed scientific studies rather than conjecture or suppositions made by an expert witness hired by the government. These laws, as well as the passage of other reforms that are similar to them, effectively put out the litigation firestorm.

The Fourth Case

As asbestos companies exhausted their defenses against lawsuits filed on behalf victims, they began to attack their adversaries - lawyers who represent them. This tactic is designed to make plaintiffs appear guilty. This is a shady tactic to divert attention away from the fact asbestos companies were responsible for asbestos exposure and mesothelioma.

This strategy has proven be very efficient. People who have been diagnosed with mesothelioma must consult a reputable law firm as soon as they can. Even if you aren't sure you have mesothelioma, an experienced firm can provide evidence to support a claim.

In the early days asbestos litigation was characterized by a variety of legal claims. Workers exposed at work sued firms that mined or made asbestos products. Then, those exposed in public or private buildings sued employers and property owners. Later, people diagnosed with mesothelioma and other asbestos-related diseases, sued companies that sell asbestos-containing products, manufacturers of protective equipment, banks who financed projects that used asbestos, and many other parties.

Texas was the location of one of the most important developments in asbestos litigation. Asbestos firms specialized in the process of bringing asbestos cases before courts and bringing them to trial in huge numbers. Of these was the law firm of Baron & Budd, which was infamous for its secret method of educating its clients to select particular defendants, and filing cases in bulk, with no regard to accuracy. This method of "junk science" in asbestos lawsuits eventually was disavowed by courts and legislative remedies were implemented which helped to stop the litigation firestorm.

Asbestos victims are entitled to an equitable amount of compensation for their losses, including medical expenses. To ensure that you get the compensation you are entitled, seek out a reputable firm that is specialized in asbestos litigation as quickly as you can. A lawyer can analyze the circumstances of your case and determine if there is a valid mesothelioma claim and help you pursue justice.