Asbestos Lawsuit History
Asbestos lawsuits are dealt with through a complex process. Levy Konigsberg LLP lawyers have played a major role in asbestos-related trials that are consolidated in New York that resolve a variety of claims all at one time.
Companies that manufacture hazardous products are legally required to inform consumers about the dangers. This is particularly true for companies who mine, mill or produce asbestos or asbestos-containing products.
The First Case
Clarence Borel, a construction worker, brought one of the first asbestos lawsuits ever filed. In his case, Borel argued that several asbestos insulation producers failed to warn workers of the dangers of inhaling asbestos, a dangerous mineral.
Asbestos lawsuits can award victims compensatory damages for a wide range of injuries resulting from exposure to asbestos. Compensation damages could include cash value for suffering and pain, lost earnings, medical expenses, and property damage. Depending on where you live the victim may also be awarded punitive damages in order to punish the company for their wrongful actions.
Despite warnings for many years and despite warnings from the United States continued to use asbestos. By 1910, the global annual production of asbestos exceeded 109,000 tonnes. The huge consumption of asbestos was primarily driven by the need for durable and affordable construction materials in order to accommodate population growth. Increasing demand for inexpensive, mass-produced asbestos products helped to fuel the rapid expansion of the manufacturing and mining industries.
In the 1980s, asbestos producers faced thousands of lawsuits from mesothelioma patients and others with asbestos diseases. Many asbestos companies were forced to go bankrupt, and others settled the lawsuits for large sums of money. However the lawsuits and other investigations have revealed an enormous amount of corruption and fraud by plaintiff's lawyers and asbestos companies. The lawsuits that followed led to convictions of a variety of individuals under the Racketeer corrupt and influenced organizations Act (RICO).
In a Neoclassical building made of limestone located 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 decision" changed the landscape of asbestos lawsuits.
Hodges found, for instance that in one instance a lawyer claimed to a jury that his client was only exposed to Garlock products, whereas the evidence showed a greater range of exposure. Hodges also discovered that lawyers made up claims, concealed information, and even faked evidence to obtain asbestos victims the compensation they sought.
Since then other judges have also observed the need for legal redress in asbestos lawsuits however not to the extent of the Garlock case. The legal community hopes that the ongoing revelations of fraud and fraud in asbestos cases will result in more precise estimates of the amount companies owe asbestos victims.
The Second Case
Many people across the United States have developed mesothelioma and other asbestos-related diseases because of the negligence of companies who manufactured and sold asbestos products.
asbestos attorney 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.
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 insulator for 33 years. The court held asbestos-containing insulation manufacturers liable for his injuries, because they did not warn him about the dangers of exposure to asbestos. This ruling opens the way for asbestos lawsuits from other companies to obtain verdicts and awards for victims.
While asbestos litigation was growing and gaining momentum, the businesses involved in the cases were looking for ways to limit their liability. This was accomplished by paying "experts" who were not credible to do research and produce papers to be used in court to support their arguments. These companies also utilized their resources to influence public opinion about the truth about the health risks of asbestos.
One of the most disturbing trends in asbestos litigation is the use of class action lawsuits. These lawsuits allow the families of victims to sue multiple defendants at once instead of pursuing individual lawsuits against each company. While this approach could 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 track record of refusing asbestos class action lawsuits. cases.
Asbestos defendants also use a legal strategy to limit their liability. They are attempting to get judges to agree that only the producers of asbestos-containing products can be held accountable. They are also trying to limit the types of damages a jury can give. This is a significant issue since it could affect the amount of money victims will receive in their asbestos lawsuit.
The Third Case
The number of mesothelioma cases increased in the latter half of the 1960s. The disease develops after exposure to asbestos, a mineral that many companies used to use in various construction materials. Mesothelioma sufferers have filed lawsuits against the companies who exposed them to asbestos.
Mesothelioma is a disease with a long latency period that means that people don't often show signs of the illness until decades after exposure to asbestos. This makes mesothelioma lawsuits more difficult to prevail than other asbestos-related illnesses. Asbestos is a hazardous material, and companies that use it often cover up their use.
The litigation firestorm over mesothelioma lawsuits led to a variety of asbestos companies declaring bankruptcy, which allowed them to reorganize in a court-supervised proceeding and put funds aside for future and future asbestos-related liabilities. Companies like Johns-Manville set aside more than $30 billion to compensate victims of mesothelioma and various asbestos-related diseases.
This has also led to a desire by defendants to get legal rulings that would restrict their liability in asbestos lawsuits. Certain defendants, for instance, have tried to argue that their asbestos-containing products weren't manufactured but were used together with asbestos material which was later purchased. The British case of Lubbe v Cape Plc (2000, UKHL 41) is a good illustration of this argument.
A number of massive asbestos trials, consolidated into the Brooklyn Navy Yard and Con Edison Powerhouse trials that took place in New York in the 1980s and the 1990s. Levy Konigsberg LLP lawyers served as the leading counsel in these cases as well as other asbestos litigation in New York. These consolidated trials, which combined hundreds of asbestos claims into a single trial, helped to reduce the number of
asbestos lawsuits and provided significant savings to the 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 an significant development in asbestos litigation. These legal reforms required evidence in asbestos lawsuits to be based on peer-reviewed scientific studies rather than conjecture or supposition by a hired gun expert witness. These laws, as well as the passing of similar reforms to them, effectively put out the firestorm of litigation.
The Fourth Case
As 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 that is designed to distract focus from the fact that asbestos companies were responsible for asbestos exposure and mesothelioma that subsequently developed.
This strategy has proven to be very efficient. Anyone who has been diagnosed with mesothelioma should consult a reputable law firm as soon as is possible. Even if you do not believe you have mesothelioma An experienced firm with the right resources can provide evidence of exposure and build a strong case.
In the beginning of asbestos litigation there was a wide variety of legal claims filed by different litigants. Workers exposed at work sued firms that mined or made asbestos-related products. Second, those who were exposed in private or public structures sued employers and property owners. Later, those diagnosed with mesothelioma and other asbestos-related diseases, sued distributors of asbestos-containing products, manufacturers of protective equipment, banks that financed projects using asbestos, and many other parties.
Texas was the site of one of the most important developments in asbestos litigation. Asbestos firms specialized in taking asbestos cases to court and bringing them to trial in large quantities. Baron & Budd was one of these firms, which was renowned for its shrewd method of coaching clients to select specific defendants and to file cases with little regard for accuracy. This method of "junk science" in asbestos lawsuits eventually was disavowed by courts and legislative remedies were enacted that helped douse the litigation raging.
Asbestos victims can claim fair compensation, including for medical expenses. Find a reputable firm that specializes in asbestos litigation to ensure you receive the compensation you're entitled to. A lawyer will review your personal circumstances and determine if you're in a mesothelioma claim that is viable and assist you in pursuing justice against asbestos firms that hurt you.