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Asbestos Lawsuit History Asbestos lawsuits are dealt with through a complicated 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 at one time. The law requires manufacturers of dangerous products to warn consumers of the dangers. This is particularly true for companies who manufacture, mill or mine asbestos or asbestos-containing products. The First Case Clarence Borel, a construction worker, filed one of the first asbestos suits ever filed. In his case, Borel argued that several asbestos insulation manufacturers did not adequately warn workers about the risks of inhaling this hazardous mineral. Asbestos lawsuits may compensate victims for a variety of injuries resulting from asbestos exposure. The compensation can consist of a monetary amount to ease pain and discomfort as well as lost earnings, medical costs, and property damages. Based on where you live the victim may also be awarded punitive damages to reprimand the company for their wrongful actions. Despite warnings for years, many companies continued to use asbestos in a variety of products throughout the United States. In 1910 the annual production of asbestos around the world was more than 109,000 metric tonnes. This massive consumption of asbestos was primarily driven by the need for sturdy and inexpensive construction materials to keep pace with population growth. The growing demand for cheap, mass-produced asbestos products led to the rapid growth of the manufacturing and mining industries. In the year 1980, asbestos companies faced thousands of lawsuits from mesothelioma and other asbestos-related diseases. Many asbestos companies declared bankruptcy and others settled lawsuits using large sums of money. But investigations and lawsuits found that asbestos companies as well as plaintiff's lawyers had engaged in numerous frauds and corrupt practices. The lawsuits that followed resulted in convictions for a number of individuals under the Racketeer-Influenced and Corrupt Organisations 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 defraud clients and rob bankruptcy trusts. His “estimation ruling” profoundly changed the course of asbestos litigation. For instance, he discovered that in one instance, the lawyer claimed to the jury that his client had only been exposed to Garlock's products, but the evidence pointed to the possibility of a wider range of exposure. Hodges found that lawyers fabricated claims, concealed information and even made up evidence to get asbestos victims settlements. Other judges have since observed legal maneuvers that are questionable in asbestos cases, although not as extensive as the Garlock case. The legal community hopes 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 produced and sold asbestos-related products has resulted in the development of mesothelioma in thousands of Americans. Asbestos lawsuits have been filed in both federal and state courts, and it's not uncommon for victims to receive substantial compensation for their loss. Clarence Borel was the first asbestos case to receive a verdict. He was diagnosed with mesothelioma after a period of 33 years working as an insulation worker. The court determined that the producers of asbestos-containing insulation were liable for his injuries since they did not inform him of the dangers of asbestos exposure. This ruling opens the way for other asbestos lawsuits to win verdicts and awards for victims. Many companies were looking for ways to limit their liabilities as asbestos litigation grew. This was done by paying “experts” who weren't credible enough to conduct research and write documents that could support their arguments in court. These companies also used their resources to try and influence public opinion about the truth regarding the health risks of asbestos. Class action lawsuits are among of the most troubling trends when it comes to asbestos litigation. These lawsuits allow victims and their families to sue multiple defendants at once rather than pursuing individual lawsuits against each company. While this strategy may be helpful in some cases, it can cause a lot of confusion and waste of time for asbestos victims and their families. The courts have also ruled against asbestos-related class action lawsuits as a result of cases in the past. Asbestos defendants also employ a legal strategy to limit their liability. They are trying to get judges to agree that only manufacturers of asbestos-containing products should be held responsible. They also are seeking to limit the kinds of damages a judge may award. This is an important issue since it could affect the amount of money a victim will receive in their asbestos lawsuit. The Third Case The number of mesothelioma lawsuits began to increase in the latter half of the 1960s. The disease is caused by asbestos exposure which was a mineral often used in construction materials. The lawsuits brought by those suffering from mesothelioma focused on the companies that caused their exposure to asbestos. Mesothelioma sufferers have a long latency period, meaning people do not usually show symptoms of the disease until years after exposure to asbestos. Westminster asbestos lawsuit is more difficult to prove than other asbestos-related diseases because of its lengthy latency period. Asbestos is a hazard and companies that make use of it often cover up their use. The mesothelioma litigation firestorm lawsuits led to a variety asbestos companies declaring bankruptcy, allowing them to organize themselves in a court-supervised proceeding and put funds aside for future and future asbestos-related obligations. Companies like Johns-Manville have set aside more than 30 billion dollars to pay mesothelioma victims and other asbestos-related illnesses. But this has also led to a desire by defendants to get legal rulings that would restrict their liability in asbestos lawsuits. For instance, some defendants have tried to claim that their products weren't made with asbestos-containing materials but were merely used in conjunction with asbestos-containing materials that were later purchased by defendants. This argument is well-executed in the British case of Lubbe V Cape Plc (2000 UKHL 41). In the 1980s and 1990s, New York was home to a series of large asbestos trials, such as the Brooklyn Navy Yard trials and the Con Edison Powerhouse trials. Levy Konigsberg LLP attorneys served as the leading counsel in these cases as well as other asbestos litigations that were major in New York. The consolidated trials, where hundreds of asbestos claims were brought into one trial, reduced the number of asbestos lawsuits, and provided significant savings for companies involved in litigation. In 2005, the adoption of Senate Bill 15 (now House Bill 1325) and House Bill 1325 (now Senate Bill 15) was another important step in the asbestos litigation. These legal reforms required evidence in asbestos lawsuits to be based on peer reviewed scientific studies rather than speculation or supposition from an expert witness hired by a company. These laws, along with the passage of other reforms similar to them, effectively squelched the firestorm of litigation. The Fourth Case As asbestos companies ran out defenses against the lawsuits brought on behalf of victims, they began to attack their opponents attorneys who represent them. The goal of this strategy is to make the plaintiffs look guilty. This is a deceitful strategy to distract attention from the fact that asbestos-related companies were responsible asbestos exposure and mesothelioma. This strategy has been very effective, and this is why people who have been diagnosed with mesothelioma should speak with a reputable firm as soon as is possible. Even if you do not think you have mesothelioma-related cancer, an experienced firm with the right resources can locate evidence of exposure and build a strong case. In the beginning asbestos litigation was characterized by a range of legal claims. First, there were those exposed in the workplace suing businesses that mined and produced asbestos products. Then, those exposed in private or public structures sued employers and property owners. Then, those diagnosed with mesothelioma or any other asbestos-related illnesses, sue distributors of asbestos-containing products, manufacturers of protective equipment, banks that funded projects that used asbestos, and numerous other parties. Texas was the location of one of the most important developments in asbestos litigation. Asbestos firms in Texas were experts in promoting asbestos cases and bringing cases to court in huge numbers. One of them was the law firm of Baron & Budd, which was known for its secret method of coaching its clients to focus on specific defendants, and for filing cases in bulk, with little regard for accuracy. The courts eventually disavowed this practice of “junk-science” in asbestos lawsuits and instituted legislative remedies that helped to stop the litigation rumbling. Asbestos victims need fair compensation for their losses, including the cost of medical care. Contact a reputable law firm that specializes in asbestos litigation to ensure you receive the compensation you're entitled to. A lawyer can analyze your particular situation and determine if you have an appropriate mesothelioma lawsuit and assist you in pursuing justice against asbestos-related companies that harmed you.