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Asbestos Lawsuit History Asbestos lawsuits are handled in a complicated manner. Levy Konigsberg LLP attorneys have played a significant role in asbestos trials that have been consolidated in New York, which resolve a significant number of claims at one time. The law requires companies that manufacture dangerous products to inform consumers of the dangers. This is particularly applicable to companies that manufacture, mine, or mill asbestos-containing products or asbestos-containing materials. The First Case Clarence Borel, a construction worker, filed one of the first asbestos lawsuits ever filed. Borel claimed asbestos insulation companies did not warn workers of the dangers of breathing asbestos. Asbestos lawsuits can award victims with compensatory damages for a range of injuries resulting from exposure to asbestos. The compensation can consist of a cash amount for discomfort and pain and lost earnings, medical expenses and property damage. Depending on where you reside the victim may also be awarded punitive damages to punish the company for their wrongful actions. Despite warnings throughout the years, many companies in the United States continued to use asbestos. By 1910, the world's annual production of asbestos surpassed 109,000 metric tons. This massive consumption of asbestos was driven primarily by the need for durable and inexpensive building materials to keep pace with population growth. Growing demand for low-cost asbestos products, which were mass-produced, contributed to the rapid expansion of the mining and manufacturing industries. By the 1980s, asbestos manufacturers faced thousands of lawsuits from mesothelioma patients and other asbestos disease victims. Many asbestos companies declared bankruptcy and others settled lawsuits using large sums of money. But investigations and lawsuits revealed that asbestos-related companies and plaintiff's lawyers had engaged in a large amount of fraud and corrupt practices. The resultant litigation led to the conviction of a number of individuals under the Racketeer corrupt and influenced 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 defraud defendants and drain bankruptcy trusts. His “estimation decision” changed the face of asbestos lawsuits. Hodges found, for instance in one instance, an attorney claimed to jurors that his client was only exposed to Garlock products, whereas the evidence indicated a much greater range of exposure. Hodges also discovered that lawyers made up claims, concealed information, and even invented evidence to get asbestos victims the settlements they sought. Other judges have discovered legal evasions in asbestos cases, though not on the scale of the Garlock case. The legal community hopes the ongoing revelations of fraud and abuse in asbestos cases will result in more accurate estimates of how much companies owe asbestos victims. The Second Case Thousands of people across the United States have developed mesothelioma and other asbestos-related illnesses due to the negligence of companies that manufactured and sold asbestos products. Asbestos lawsuits have been filed both in state and federal courts. Victims often receive substantial compensation. The first asbestos-related lawsuit to receive a verdict was the case of Clarence Borel, who suffered from mesothelioma as well as asbestosis after working as an insulation worker for 33 years. The court found the asbestos-containing insulation manufacturers liable for his injuries because they failed to warn him of the dangers of exposure to asbestos. This ruling opened the door for asbestos lawsuits in the future to obtain verdicts and awards for victims. While asbestos litigation was growing, many of the companies involved in the litigation were trying to find ways to limit their liability. They did this by paying suspicious “experts” to conduct research and publish papers that would help them present their arguments in court. They also utilized their resources to try and influence public opinion about the truth about the health risks of asbestos. One of the most troubling developments in asbestos litigation is the use of class action lawsuits. These lawsuits allow victims to pursue multiple defendants at the same time instead of filing separate lawsuits against each company. While this strategy can be beneficial in certain circumstances, it can cause confusion and delay for asbestos victims. Additionally the courts have a long track record of rejecting class action lawsuits in asbestos cases. Asbestos defendants also use a legal strategy to limit their liability. They are attempting to get judges to agree that only the manufacturers of asbestos-containing products should be held responsible. They also want to limit the types damages a judge may award. This is an important issue since it could affect the amount of money victims will receive in their asbestos lawsuit. The Third Case The number of mesothelioma cases began to increase in the late 1960s. The disease is caused by asbestos exposure which was previously used in a variety of construction materials. The lawsuits brought by those who suffer from mesothelioma focus on the companies responsible for their exposure to asbestos. Mesothelioma sufferers have an extended latency time that means that people don't often show signs of the disease until many years after being exposed to the material. Mesothelioma is more difficult to prove than other asbestos-related illnesses because of its lengthy latency period. Asbestos is a hazardous material and businesses that use it often cover up their use. Many asbestos-related companies declared bankruptcy due to the litigation firestorm surrounding mesothelioma suits. This allowed them to regroup under the supervision of the courts and set funds aside to cover the future asbestos liabilities. Companies like Johns-Manville have set aside more than 30 billion dollars to pay mesothelioma victims and other asbestos-related diseases. This has also led to a desire by defendants to obtain legal rulings that would limit their liability in asbestos lawsuits. For example, some defendants have tried to claim that their products were not made from asbestos-containing materials, but were used in conjunction with asbestos-containing materials that were later purchased by defendants. The British case of Lubbe v. Cape Plc (2000, UKHL 41) is a good illustration of this argument. A string of large-scale consolidated asbestos trials, including the Brooklyn Navy Yard and Con Edison Powerhouse trials, took place in New York in the 1980s and 1990s. Levy Konigsberg LLP lawyers served as the chief counsel for these cases as well as other asbestos litigation in New York. These consolidated trials, where hundreds of asbestos claims were combined into one trial, reduced the number of asbestos lawsuits, and also resulted in significant savings for companies involved in litigation. In 2005, the passing of Senate Bill 15 (now House Bill 1325) and House Bill 1325 (now Senate Bill 15) was an significant development in asbestos litigation. These reforms to the law required the evidence used in an asbestos lawsuit be founded on peer-reviewed scientific studies instead of relying on speculation and supposition from a hired-gun expert witness. These laws, as well as the passage of similar reforms to them, effectively put out the litigation firestorm. The Fourth Case As asbestos companies ran out defenses against the lawsuits filed on behalf victims, they began to attack their opponents lawyers representing them. This tactic is designed to make plaintiffs appear guilty. This is a shady method to distract attention from the fact that asbestos-related companies were responsible for asbestos exposure and mesothelioma. This approach has proven efficient, and that is the reason people who have been diagnosed with mesothelioma should speak with a reputable firm as soon as they can. Even if you do not believe you are mesothelioma An experienced firm with the right resources can find evidence of your exposure and build a strong case. In the early days asbestos litigation was characterized by a wide variety of legal claims. First, there were those exposed in the workplace suing businesses that mined and produced asbestos products. Another class of litigants included those who were exposed at the home or in public buildings who sued employers and property owners. Later, those diagnosed with mesothelioma or other asbestos-related diseases filed suit against asbestos-containing material distributors and manufacturers of protective equipment, banks that financed asbestos projects, as well as numerous other parties. One of the most significant developments in asbestos litigation took place in Texas. Asbestos companies in Texas specialized in fomenting asbestos cases and bringing cases to court in huge numbers. One of them was the law firm of Baron & Budd, which became notorious for developing a secret method of coaching its clients to target specific defendants, and for filing cases in bulk with little regard for accuracy. This practice of “junk science” in asbestos lawsuits eventually was disavowed by the courts, and legislative remedies were enacted that helped douse the litigation firestorm. Asbestos victims are entitled to fair compensation, including for medical treatment costs. Find a reputable firm that specializes in asbestos litigation to make sure you receive the compensation you are entitled to. San Leandro asbestos lawyer can analyze your personal circumstances and determine if you're in an appropriate mesothelioma lawsuit and assist you in pursuing justice against asbestos firms that hurt you.