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10 Facts About Asbestos Lawsuit History That Will Instantly Make You Feel Good Mood
Asbestos Lawsuit History

Asbestos lawsuits are handled by a complicated 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 one time.

Companies that produce hazardous products are legally required to warn consumers about the dangers. This is particularly applicable to companies that mill, mine or manufacture asbestos or asbestos-containing materials.

The First Case

Clarence Borel, a construction worker, filed one of the first asbestos suits ever filed. In his case, Borel argued that several manufacturers of asbestos insulation products did not warn workers of the dangers of inhaling asbestos, a dangerous mineral. Asbestos lawsuits can award victims compensation damages for a wide range of injuries resulting from exposure to asbestos. Compensatory damages can include a amount of money for suffering and pain, loss of earnings, medical expenses and property damage. Based on the location, victims could also be awarded punitive damages to punish companies for their wrongdoing.

Despite warnings for many years, many manufacturers in the United States continued to use asbestos. By 1910, the world's annual production of asbestos surpassed 109,000 metric tons. The massive demand for asbestos was primarily driven by the need for sturdy and affordable construction materials in order to support the growth of population. Increasing demand for inexpensive asbestos products that were mass-produced contributed to the rapid expansion of the mining and manufacturing industries.

In the year 1980, asbestos companies were facing thousands of lawsuits brought by mesothelioma and other asbestos disease victims. Many asbestos companies went bankrupt, and others settled the lawsuits for large sums of money. However, 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 lawsuits that followed resulted in convictions for a number of individuals in the Racketeer Influenced and Corrupt Organizations Act (RICO).

In a limestone building that was built in the Neoclassical style located on Trade Street in Charlotte's Central Business District Judge George Hodges uncovered a decades-old scheme by lawyers to defraud defendants and drain bankruptcy trusts. His "estimation ruling" profoundly changed the course of asbestos litigation.

He found, for example, that in one case the lawyer told a jury that his client was just exposed to Garlock products, but the evidence showed a larger scope of exposure. Hodges found that lawyers fabricated claims, hid information, and even created fake evidence to secure asbestos victims' settlements.

Since since then other judges have also observed some legal issues in asbestos lawsuits but not in the manner of the Garlock case. The legal community hopes that ongoing revelations of fraud and fraud in asbestos claims will lead to more accurate estimations of how much asbestos victims owe businesses.

The Second Case

Thousands of people across the United States have developed mesothelioma and other asbestos-related illnesses due to the negligence of companies who produced and sold asbestos-related products. Asbestos lawsuits have been filed both in state and federal courts. Victims typically receive a substantial amount of compensation.


The first asbestos lawsuit to win a verdict was the case of Clarence Borel, who suffered from mesothelioma and asbestosis after working as an insulation worker for 33 years. The court held asbestos-containing insulation companies responsible for his injuries as they did not warn him about the dangers of exposure to asbestos. This ruling opens up the possibility of other asbestos lawsuits being successful and resulting in settlements or awards for victims.

As asbestos litigation grew and gaining momentum, the businesses involved in the litigation were trying to find ways to reduce their liability. They did this by hiring untruthful "experts" to conduct research and publish documents that would allow them to make their arguments in the courtroom. They also used their resources to try to distort public perceptions of the facts about the asbestos's health hazards.

One of the most troubling trends in asbestos litigation is the use of class action lawsuits. These lawsuits allow victims and their families to sue multiple defendants at once instead of filing individual lawsuits against each company. While this approach can be beneficial in certain instances, it could result in a lot confusion and wasted time for asbestos victims and their families. The courts have also rejected asbestos class action lawsuits in cases in the past.

Another legal strategy employed by asbestos defendants is to seek legal rulings that help them limit the scope of their liability. They are trying to convince judges to agree that only manufacturers of asbestos-containing products should be held accountable. They also would like to limit the types of damages that a juror can award. This is a significant issue as it will impact the amount of money that a victim will receive in their asbestos lawsuit.

The Third Case

In the latter half of the 1960s, mesothelioma cases began to rise on the courts' docket. The disease develops after exposure to asbestos, a mineral that a lot of companies used to use in a variety of construction materials. The lawsuits filed by people suffering from mesothelioma focused on the businesses responsible for their exposure to asbestos.

Mesothelioma has an extended latency time, meaning people do not often show signs of the illness until decades after exposure to asbestos. This makes mesothelioma lawsuits more difficult to win than other asbestos-related illnesses. Additionally, the companies that used asbestos frequently concealed their use of the substance because they knew it was a risk.

A number of asbestos companies declared bankruptcy because of the raging litigation over mesothelioma lawsuits. This allowed them to regroup under court supervision and set funds aside to cover future asbestos-related liabilities. Companies like Johns-Manville set aside more than $30 billion to compensate mesothelioma victims and other asbestos-related diseases.

But this also triggered an attempt by defendants to get legal rulings that would limit their liability in asbestos lawsuits. For example, some defendants have tried to argue 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 defendants. This argument is clearly illustrated in the British case of Lubbe V Cape Plc (2000 UKHL 41).

In the 1980s and into the 1990s, New York was home to a variety of significant asbestos trials, such as the Brooklyn Navy Yard trials and the Con Edison Powerhouse trials. asbestos settlement trust fund served as the lead counsel in these cases as well as other major asbestos litigation in New York. The consolidated trials, in which hundreds of asbestos claims were combined into one trial, slowed the number of asbestos lawsuits, and also resulted in significant savings to companies involved in litigation.

Another key change in asbestos litigation occurred through the passage of Senate Bill 15 and House Bill 1325 in 2005. These reforms in law required that the evidence in asbestos lawsuits be based on peer-reviewed scientific research rather than based on speculation and supposition from a hired-gun expert witness. These laws, as well as the passage of similar reforms, effectively put out the litigation raging.

The Fourth Case

As asbestos companies ran out defenses against lawsuits filed on behalf victims, they began to attack their opponents - lawyers who represent them. The aim of this tactic is to make the plaintiffs appear guilty. This tactic is that is designed to distract attention from the fact that asbestos companies were responsible for asbestos exposure and mesothelioma that subsequently developed.

This method has proven to be very effective. Anyone who has been diagnosed with mesothelioma must seek out a reputable firm as soon as is possible. Even if there is no evidence to suggest you have mesothelioma, an experienced firm can provide evidence and build a strong claim.

In the early days, asbestos litigation was characterized by a variety of legal claims. First, there were workers exposed in the workplace suing businesses that mined and manufactured asbestos-related products. Another group of litigants consisted of those who were exposed at home or in public structures who sued employers and property owners. Then, those diagnosed with mesothelioma or other asbestos-related illnesses, sue suppliers of asbestos-containing products, the manufacturers of protective equipment, banks that funded projects using asbestos, and numerous other parties.

Texas was the location of one of the most significant developments in asbestos litigation. Asbestos companies were experts in taking asbestos cases to court and provoking them in large numbers. Among these was the law firm of Baron & Budd, which was infamous for its secret method of coaching its clients to focus on specific defendants, and for filing cases in bulk with little regard for accuracy. This practice of "junk science" in asbestos lawsuits was eventually rebuked by the courts and legislative remedies were enacted that slowed the litigation raging.

Asbestos victims can claim fair compensation, including for medical expenses. Consult an experienced firm specializing in asbestos litigation to make sure you get the compensation you're entitled to. A lawyer can review the circumstances of your case and determine if there is a valid mesothelioma lawsuit and help you pursue justice.

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