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The Three Greatest Moments In Asbestos Law History
Asbestos Laws

While many countries have banned asbestos however, the United States still uses it. It is used in the manufacture of or importing, processing, and selling products.

There are a variety of laws that govern the use, testing and removal of asbestos. They also regulate how asbestos victims can hold companies accountable for their exposure. Many laws also place limits on damages awards in lawsuits.

Limits on Forum Shopping

Asbestos laws are different for each state and can help victims who were exposed to asbestos at work. They can also help those seeking legal options for asbestos-related injuries. These laws create and enforce regulations that regulate the mining of asbestos, building inspections and asbestos removal and disposal. They can also regulate and prohibit certain uses of asbestos, such as insulation and fire retardants.

Federal laws also regulate asbestos. The Environmental Protection Agency (EPA) regulates asbestos in the construction industry through the Occupational Safety and Health Administration (OSHA). In 1989 the EPA attempted to ban all methods of processing and manufacturing asbestos-containing products. The rule was never fully implemented.

Many plaintiffs have filed lawsuits against companies who manufacture or distribute asbestos-containing products. This is particularly true for those who failed to adhere to the federal and state regulations. These lawsuits, sometimes referred to as mass-tort litigation, have become an effective tool for plaintiff advocates in the mesothelioma community.

In a typical mass tort case there are hundreds of defendants. The number of defendants can vary widely based on the area of jurisdiction. For instance, the median number of defendants in an asbestos case in Madison County, Wisconsin, in 2016 was twenty-seven. This compares to 117 defendants in Michigan's Wayne County, the sixth busiest asbestos venue and 212 defendants in West Virginia's Kanawha County, the eleventh-busiest asbestos-related venue.

Plaintiff lawyers seek the largest awards possible by filing cases in jurisdictions where the damages awarded are higher. This practice is known as forum shopping, and it can result in inflated awards to asbestos victims. Some states limit forum shopping by requiring that cases be filed in the state where the exposure occurred or by restricting the amount of compensatory damages available to asbestos victims.

By restricting forum shopping and other blunders asbestos lawsuits are prevented from requiring large amounts of compensation to victims. These laws can also keep courts busy with legitimate claims, instead of nuisance or fraudulent lawsuits. They can also reduce the workload of local courts by limiting asbestos cases.

Limitations on Successor Liability

Asbestos was used in many everyday products for construction and consumption until the end of the 1980s. As the dangers of using asbestos became more well-known and the government began to ban the importation, manufacture and processing of asbestos-containing materials. In 1989 the Environmental Protection Agency issued a final rule that would eventually ban about 94% of the asbestos-containing products in the United States. The ban was challenged and overturned in court.

Asbestos producers were able to avoid liability by filing for bankruptcy. Once they did so, the courts required them to establish special bankruptcy trusts that paid claimants pennies on the dollar for their losses. These trusts were set up to limit the number of claims filed and accelerate the process of compensation. The funds accumulated through these trusts were not enough to pay all those who were affected by asbestos exposure.

In response the federal government enacted the James L. Zadroga 9/11 Health & Compensation Act to help 9/11 first responders. This law ensures that they will continue to receive compensation for their health conditions.

The law also provides new benefits to the surviving families of the 9/11 first responders who passed away due to asbestos-related illness. The law also increases compensation for first responders suffering from mesothelioma or other illnesses.

State laws regulating asbestos litigation differ. But many of the laws have similar elements. Certain states, like, require that claimants meet certain medical standards prior to filing a lawsuit. Other states have rules for two diseases which limit the number of diseases that can be claimed by a single individual.

Certain states have laws that limit the liability of successor companies that are acquired through corporate mergers and consolidations. These laws generally limit a successor's cumulative asbestos-related liabilities to the fair market value of its predecessor's assets, adjusted for inflation.

Other states have laws that prohibit attorneys from choosing the state in which their client's matter should be heard in order to get a bigger award. This is referred to as forum shopping. Certain laws prevent plaintiffs from filing multiple lawsuits in different jurisdictions in order to increase their compensation.

Limitations on Damages

Asbestos is a carcinogen and poses serious health risks to those who are exposed. To protect public health laws, both federal and state restrict its use. People who have been exposed to asbestos may be able to seek compensation for damages. Arlington Heights asbestos lawsuit include claims for mesothelioma or other asbestos-related illnesses. These cases are extremely complex and require mesothelioma lawyers with experience.

The EPA regulates asbestos' use and sets standards for testing, inspection, and abatement of buildings with the hazardous material. Local and state governments have their own asbestos laws.

For example, California law prohibits the sale of new asbestos-containing products and requires every school conduct an annual inspection for asbestos. The state's Environmental Quality Board also sets standards for asbestos abatement firms.


Many states have passed laws that restrict the amount of damages that plaintiffs can receive in personal injury lawsuits. The majority of states limit damages that are not economic. These are compensations for non-tangible damages such as suffering and pain. Other states have limits on punitive damages which are awarded when the defendant's actions are particularly egregious.

To avoid the risk of liability, a few companies that were exposed asbestos have declared bankruptcy. However, victims have a right to sue those who were negligent. In order to protect victims the courts have passed laws requiring these companies to fund bankruptcy trusts that compensate victims.

Despite the fact that a lot of asbestos lawsuits were settled, others are still being filed. Some states have tried to limit compensation for victims and accelerate litigation to reduce the number of lawsuits. For instance, certain states have passed laws that require that asbestos victims disclose their claims to bankruptcy trusts and any settlements received.

The law is constantly evolving as more people become diagnosed with mesothelioma and other diseases. A mesothelioma attorney can assist victims in defending their rights and know the laws of their state. MG Law's asbestos lawyers have years of experience in handling asbestos lawsuits. We can help you navigate the process and help you get the compensation you deserve. Contact us for a free consultation today.

Limitations on Litigation

Asbestos laws govern asbestos use, abatement and litigation. These laws vary from state to state. State laws also define statutes of limitations, which are the time limits for filing a lawsuit. The time limit for mesothelioma lawsuits differs by state and kind of claim. For instance personal injury lawsuits have a statute of limitations which begins on the day of diagnosis, while wrongful death cases start on the date of death.

Many states have passed laws that limit the amount of damages that are awarded in asbestos cases. The majority of these caps are placed upon noneconomic damages such as discomfort and pain, as well as loss of enjoyment. Certain states also have a limit on punitive damages. These are the additional damages that a juror could award if they believe that an entity acted badly.

These limitations have had a negative impact on the number asbestos lawsuits. These limitations have led to huge settlements in asbestos lawsuits and a clogged court docket. Many of these lawsuits were filed by plaintiffs from out-of-state. Certain states have passed laws to stop this problem. These laws prohibit claims from outside the state that are bringing massive settlements within their jurisdiction.

The laws that restrict the amount the plaintiff can receive can also speed the process of these cases. A mesothelioma attorney can help you get the compensation you deserve.

Many asbestos lawsuits are filed by people who have developed mesothelioma or other asbestos-related illnesses. These victims often file lawsuits against companies that exposed them to asbestos. Some of these lawsuits are filed as class actions. These lawsuits are based on the theory that one company was responsible for exposing all members of a particular group, such as coal miners or military veterans.

The United States allows asbestos to be used in a few products, despite the fact that most industrialized countries have banned asbestos. Generally, asbestos is only allowed in building materials, and a small number of other applications. A mesothelioma lawyer is familiar with laws and regulations of the state regarding asbestos in order to assist clients with getting the amount of compensation they deserve.

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