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Asbestos Lawsuit History Asbestos lawsuits are dealt with through a complex procedure. Levy Konigsberg LLP attorneys have been a major part of asbestos trials that have been consolidated in New York, which resolve several claims at once. Companies that produce dangerous products are legally required to inform consumers about the dangers. This is especially true for companies who mine, mill or manufacture asbestos-containing products or asbestos-containing materials. The First Case One of the earliest asbestos lawsuits ever filed was filed by a construction worker named Clarence Borel. In his case, Borel argued that several asbestos insulation producers did not adequately warn workers about the dangers of inhaling the hazardous mineral. Asbestos lawsuits can award victims compensation for different injuries resulting from asbestos exposure. Compensatory damage can include a monetary amount for pain and discomfort as well as lost earnings, medical expenses as well as property damage. Based on where you live victims may also receive punitive damages to reprimand the company for their wrongdoing. Despite warnings for years, many companies continued to use asbestos in a variety of products across the United States. In 1910, the world's annual production of asbestos surpassed 109,000 metric tons. This massive consumption of asbestos was primarily driven by the need for durable and cheap building materials to support the growth of population. Growing demand for low-cost asbestos products, which were mass-produced, contributed to the rapid growth of the mining and manufacturing industry. In the 1980s, asbestos producers faced thousands of lawsuits brought by mesothelioma and other asbestos-related diseases. Many asbestos companies failed, and others settled the lawsuits for large amounts of money. But lawsuits and investigations revealed that asbestos-related companies and plaintiff's lawyers had committed numerous frauds and corrupt practices. The subsequent litigation resulted in convictions for a number of individuals under the Racketeer-Influenced and Corrupt Organizations Act (RICO). In a neoclassical structure of limestone located on Trade Street, Charlotte's Central Business District (CBD), Judge George Hodges exposed a decades-old scheme to defraud clients and deplete bankruptcy trusts. His “estimation decision” changed the landscape of asbestos lawsuits. For example, he found that in one case, the lawyer claimed to a jury his client was only exposed to Garlock's products when the evidence showed the possibility of a wider range of exposure. Hodges found that lawyers created false claims, concealed information and even fabricated proof to get asbestos victims settlements. Other judges have since discovered legal evasions in asbestos cases, though not at the level of the Garlock case. The legal community hopes that the ongoing revelations of fraud and fraud in asbestos cases will result in more precise estimates of the amount companies owe asbestos victims. Camden asbestos attorneys across the United States have developed mesothelioma and other asbestos-related illnesses due to the negligence of companies who manufactured and sold asbestos products. Asbestos lawsuits have been filed in state and federal courts and it's not uncommon for victims to receive substantial compensation for their injuries. The first asbestos lawsuit to get a verdict was the case of Clarence Borel, who suffered from mesothelioma and asbestosis while working as an insulator for 33 years. The court determined that the producers of asbestos-containing insulation were responsible for his injuries since they failed to warn him about the dangers of asbestos exposure. This ruling opened the door for asbestos lawsuits from other companies to be successful and win awards and verdicts for victims. While asbestos litigation was growing, many of the companies involved in the litigation were trying to find ways to reduce their liability. They did this by paying shady “experts” to conduct research and then publish documents that would allow them to present their arguments in court. These companies also utilized their resources to influence public opinion about the truth about asbestos's health risks. 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, rather than pursuing separate lawsuits against each company. While this strategy can be beneficial in certain cases, it can lead to a lot of confusion and wasted time for asbestos victims and their families. Additionally the courts have a long history of denying 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 only manufacturers of asbestos-containing products should be held responsible. They also are seeking to limit the kinds of damages that jurors may award. This is an important issue as it will impact the amount of money that victims will receive in their asbestos lawsuit. The Third Case The number of mesothelioma cases began to increase in the latter half of the 1960s. The disease is caused by asbestos exposure which was once used in many construction materials. Mesothelioma sufferers have filed lawsuits against the companies who exposed them. The time it takes for mesothelioma to develop is lengthy, which means that patients don't exhibit symptoms until decades after exposure to asbestos. Mesothelioma is more difficult to prove than other asbestos-related diseases due to its long period of latency. In addition, the companies who used asbestos typically covered up their use of the substance because they knew it was dangerous. A few asbestos-related firms declared bankruptcy as a result of the litigation firestorm surrounding mesothelioma lawsuits. This allowed them to reorganize under the supervision of a court and put funds aside to cover future asbestos liabilities. Companies like Johns-Manville set aside more than $30 billion to compensate victims of mesothelioma and other asbestos-related diseases. This led defendants to seek legal rulings which could limit their liability in asbestos lawsuits. For instance, a few defendants have tried to argue that their products were not made with 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). A series of large consolidated asbestos trials, including the Brooklyn Navy Yard and Con Edison Powerhouse trials which took place in New York in the 1980s and the 1990s. Levy Konigsberg LLP attorneys served as the leading counsel in these trials and other asbestos litigation major in New York. These consolidated trials, which combined hundreds of asbestos claims into one trial, reduced the number of asbestos lawsuits and resulted in significant savings to companies involved in the litigation. Another important advancement in asbestos litigation was made with the passage of Senate Bill 15 and House Bill 1325 in 2005. These reforms in law required evidence in asbestos lawsuits to be based on peer-reviewed scientific studies rather than conjecture or supposition from a hired gun expert witness. These laws, as well as the passage of other reforms that are similar to them, effectively quelled the firestorm of litigation. The Fourth Case As asbestos companies ran out of defenses against the lawsuits filed on behalf victims, they began attacking their opponents attorneys who represent them. The purpose of this tactic is to make the plaintiffs look guilty. This is a disingenuous tactic that is designed to distract attention from the fact that asbestos-related companies were the ones responsible for asbestos exposure and the mesothelioma which followed. This strategy has proven be very efficient. People who have been diagnosed with mesothelioma should seek out a reputable firm as soon as they can. Even if you don't think you have mesothelioma An experienced firm with the appropriate resources can locate evidence of your exposure and help build a solid case. In the early days asbestos litigation was characterized by a variety of legal claims. First, there were those exposed at work suing businesses that mined and manufactured asbestos products. In the second, those exposed in public or private buildings sued employers and property owners. Then, those who were diagnosed with mesothelioma or other asbestos-related diseases sued distributors of asbestos-containing materials as well as manufacturers of protective gear and banks that funded asbestos-related projects, and numerous other parties. One of the most significant developments in asbestos litigation took place in Texas. Asbestos firms were specialized in the process of bringing asbestos cases before courts and provoking them in large numbers. Baron & Budd was one of these firms, which became famous for its secret method of instructing clients to select specific defendants and for filing cases without regard to accuracy. This practice of “junk science” in asbestos lawsuits was eventually rebuked by the courts and legislative remedies were put in place that helped douse the litigation firestorm. Asbestos victims can claim fair compensation, which includes medical expenses. Find a reputable firm that specializes in asbestos litigation to ensure that you receive the compensation you're entitled to. A lawyer can analyze the circumstances of your case, determine if you have a valid mesothelioma claim and help you pursue justice.