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Asbestos Lawsuit History Asbestos lawsuits are dealt with through an intricate procedure. Levy Konigsberg LLP lawyers have played a significant role in asbestos-related trials that are consolidated in New York that resolve a number of claims all at one time. The law requires companies that produce dangerous products to warn consumers about the dangers. This is particularly applicable to companies that mine, mill or produce asbestos or asbestos-containing substances. The First Case One of the first asbestos lawsuits ever filed was brought by an employee of the construction industry named Clarence Borel. In his case, Borel argued that several manufacturers of asbestos insulation products did not adequately warn workers about the dangers of inhaling this dangerous mineral. Asbestos lawsuits could award victims compensation for a variety of injuries resulting from asbestos exposure. Compensatory damages can include a cash value for pain and suffering, lost earnings, medical expenses and property damage. Depending on where you reside victims may also receive punitive damages to reprimand the company for their wrongdoing. Despite warnings for years, many manufacturers continued to employ asbestos in a range of products in the United States. By 1910, the world's annual production of asbestos surpassed 109,000 tonnes. The huge consumption of asbestos was driven primarily by the need for durable and affordable construction materials to support the growth of population. Growing St. George asbestos lawsuit for low-cost asbestos products, which were mass-produced, helped to fuel the rapid growth of the manufacturing and mining industries. In the 1980s, asbestos manufacturers were battling thousands of lawsuits brought by mesothelioma patients and others with asbestos-related diseases. Many asbestos companies were forced to go bankrupt, and others settled the lawsuits for large sums of money. However, investigations and lawsuits revealed that asbestos companies and plaintiff's lawyers were guilty of committing a large amount of fraud and corrupt practices. The lawsuits that followed led to convictions for many individuals under the Racketeer-Influenced and Corrupt Organizations Act (RICO). In a neoclassical limestone building on Trade Street in Charlotte's Central Business District Judge George Hodges uncovered a decades-old scheme of lawyers to fraud defendants and take money from bankruptcy trusts. His “estimation ruling” drastically changed the face of asbestos litigation. Hodges found, for instance in one instance, a lawyer claimed to the jury that his client was only exposed to Garlock products, whereas the evidence indicated a much broader scope of exposure. Hodges also discovered that lawyers created false claims, concealed information, and even faked evidence to gain asbestos victims the settlements they were seeking. Since the time, other judges have noted the need for legal redress in asbestos lawsuits but 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 accurate estimates of how much companies owe asbestos victims. The Second Case The negligence of businesses that manufactured and sold asbestos-related products has resulted in the development of mesothelioma in thousands of Americans. Asbestos lawsuits have been filed in state and federal courts. Victims typically receive a substantial amount of compensation. The first asbestos lawsuit to get a verdict was the case of Clarence Borel, who suffered from asbestosis and mesothelioma while working as an insulator for 33 years. The court found that the makers of asbestos-containing insulation were liable for his injuries since they failed to warn him about the dangers of exposure to asbestos. This ruling opened up the possibility of other asbestos lawsuits proving successful and culminating in settlements or awards for victims. While asbestos litigation was growing in the industry, many of the companies involved in the litigation were looking for ways to minimize their liability. They did this by paying shady “experts” to conduct research and then publish papers that would help them present their arguments in court. They also employed their resources to to distort public perceptions of the truth about the health risks of asbestos. Class action lawsuits are one of the most disturbing trends when it comes to asbestos litigation. These lawsuits permit victims to sue several defendants at once instead of pursuing separate lawsuits against each company. This tactic, while it could be beneficial in certain situations, it can create confusion and delay for asbestos victims. In addition, the courts have a long history of refusing asbestos class action lawsuits. cases. Another legal strategy employed by asbestos defendants is to search for legal rulings that can assist them in limiting the scope of their liabilities. They are attempting to get judges to accept that only manufacturers of asbestos-containing products can be held responsible. They also are seeking to limit the kinds of damages that a juror may award. This is a crucial issue because it will affect the amount of money victims will receive in their asbestos lawsuit. The Third Case The mesothelioma-related lawsuits increased in the late 1960s. The disease is caused by asbestos exposure which was often used in construction materials. Mesothelioma sufferers have filed lawsuits against the companies who exposed them to asbestos. The latency period for mesothelioma is long, which means that people don't usually exhibit symptoms until decades after exposure to asbestos. Mesothelioma is more difficult to prove than other asbestos-related illnesses because of its lengthy time of latency. Asbestos is a hazardous material, and companies that use it often cover up their use. The raging litigation over mesothelioma lawsuits led to a variety asbestos companies declaring bankruptcy, which allowed them to reorganize 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 sufferers and other asbestos-related diseases. This led defendants to seek legal rulings which will limit their liability in asbestos lawsuits. Some defendants, for example have tried to claim that their asbestos-containing products were not made, but were utilized together with asbestos material that was subsequently purchased. The British case of Lubbe v. Cape Plc (2000, UKHL 41) is a good example of this argument. In the 1980s and 1990s, New York was home to a number of major asbestos trials, like the Brooklyn Navy Yard trials and the Con Edison Powerhouse trials. Levy Konigsberg LLP lawyers served as the chief counsel for these cases and other asbestos litigation in New York. These consolidated trials, which combined hundreds of asbestos claims in one trial, helped reduce the volume of asbestos lawsuits and resulted in significant savings for companies involved in the litigation. Another key advancement in asbestos litigation was made through the passage of Senate Bill 15 and House Bill 1325 in 2005. These reforms in law required that the evidence used in an asbestos lawsuit be based on peer-reviewed scientific studies, rather than on conjecture and suppositions from a hired-gun expert witness. These laws, as well as the passage of similar reforms, effectively doused the litigation raging. The Fourth Case As asbestos companies exhausted their defenses against lawsuits brought on behalf of victims, they began attacking their opponents attorneys who represent them. This strategy is designed to make the plaintiffs appear to be guilty. This is a deceitful method to distract attention from the fact that asbestos companies were responsible for asbestos exposure and mesothelioma. This strategy has proven to be very effective. People who have been diagnosed with mesothelioma must seek out a reputable firm as soon as they can. Even if you don't believe you are mesothelioma-related cancer An experienced firm with the right resources can provide evidence of your exposure and help build a solid case. In the beginning asbestos litigation was characterized by a broad range of legal claims. First, there were workers exposed at work suing businesses that mined and produced asbestos products. Another class of litigants comprised those exposed at home or in public structures suing property owners and employers. Later, those diagnosed with mesothelioma and other asbestos-related diseases sued asbestos-containing material distributors as well as manufacturers of protective gear and banks that funded asbestos projects, and numerous other parties. Texas was the location of one of the most important developments in asbestos litigation. Asbestos firms were specialized in taking asbestos cases to court and bringing them to trial in large quantities. One of them was the law firm of Baron & Budd, which was known for its secret method of instructing its clients to select particular defendants, and filing cases in bulk, with little regard for accuracy. The courts eventually rebuked this practice of “junk-science” in asbestos suits and enacted legislative remedies that helped stop the litigation rumbling. Asbestos victims are entitled to fair compensation, which includes the cost of medical treatment. To ensure you receive the compensation to which you have a right to, contact a reputable firm that specializes in asbestos litigation as soon as you can. A lawyer will review the circumstances of your case, determine if you have a valid mesothelioma lawsuit and assist you in pursuing justice.