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Asbestos Lawsuit History Asbestos lawsuits are dealt with through an intricate process. Levy Konigsberg LLP lawyers have been a key part of asbestos-related trials that are consolidated in New York that resolve a number of claims all at once. The law requires companies that manufacture dangerous products to inform consumers about the dangers. This is especially applicable to companies that mill, mine or manufacture asbestos or asbestos-containing products. The First Case Clarence Borel, a construction worker, brought 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 dangers of breathing in this dangerous mineral. Asbestos lawsuits can award victims compensation damages for a range of injuries resulting from exposure to asbestos. Compensatory damages can include a monetary value for suffering and pain, loss of earnings, medical expenses, and property damage. Based on the area of jurisdiction, victims could be awarded punitive damages to punish companies for their actions. Despite warnings for years and despite warnings from the United States continued to use asbestos. In South Bend asbestos lawyers , the world's annual production of asbestos was more than 109,000 tonnes. The huge consumption of asbestos was driven by the need for affordable and durable construction materials to accommodate population growth. The demand for low-cost mass-produced products made from asbestos helped fuel the rapid growth of the manufacturing and mining industries. In the 1980s, asbestos manufacturers were battling thousands of lawsuits brought by mesothelioma patients as well as others suffering from asbestos diseases. Many asbestos companies were forced to go bankrupt, and others settled the lawsuits for large sums of money. But lawsuits and investigations revealed that asbestos companies and plaintiff's lawyers had engaged in a large amount of fraud and corrupt practices. The subsequent litigation led to convictions for many individuals under the Racketeer-Influenced and Corrupt Organisations 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 fraud defendants and take money from bankruptcy trusts. His “estimation decision” changed the landscape of asbestos lawsuits. Hodges discovered, for instance in one instance, the lawyer told a jury that his client was only exposed to Garlock products, but the evidence suggested a far larger scope of exposure. Hodges also discovered that lawyers used false assertions, concealed information and even fabricated evidence to gain asbestos victims the compensation they were seeking. Other judges have since observed legal maneuvers that are questionable in asbestos cases, although not at the level of the Garlock case. The legal community hopes the ongoing revelations of fraud and fraud in asbestos cases will lead to more accurate estimates of how much companies owe to asbestos victims. The Second Case Thousands of people across the United States have developed mesothelioma and other asbestos-related diseases because of the negligence of companies that manufactured and sold asbestos products. Asbestos suits have been filed in federal and state courts. Victims typically receive a substantial amount of compensation. Clarence Borel was the first asbestos case to be awarded a verdict. He suffered from mesothelioma following 33 years of working as an insulation worker. The court held asbestos-containing insulation producers responsible for his injuries because they did not warn him about the dangers of exposure to asbestos. This ruling opened the door for asbestos lawsuits in the future to be successful and win awards and verdicts for victims. Many companies were seeking ways to limit their liability as asbestos litigation grew. This was done by paying “experts” who were not reputable to conduct research and write papers to support their arguments in court. They also utilized their resources to influence public opinion about the truth about asbestos's health risks. Class action lawsuits are among of the most troubling trends in asbestos litigation. These lawsuits permit victims and their families to sue multiple defendants at once rather than pursuing individual lawsuits against every company. While this tactic could be beneficial in certain situations, it can cause a lot of confusion and time wastage for asbestos victims and their families. In addition, the courts have a long tradition of rejecting class action lawsuits in asbestos cases. Asbestos defendants also employ a legal strategy to limit their liability. They are trying to convince judges to agree that only the manufacturers of asbestos-containing products can be held accountable. They also want to limit the types damages that jurors may award. This is an extremely important issue, as it will affect the amount of money the victim is awarded in their asbestos lawsuit. The Third Case The number of mesothelioma lawsuits increased in the latter half of the 1960s. The disease develops after exposure to asbestos, a mineral that many companies used to use in a variety of construction materials. Mesothelioma sufferers have filed lawsuits against the companies that exposed them to asbestos. Mesothelioma has long periods of latency that means that people don't often show signs of the illness until decades after being exposed to asbestos. Mesothelioma can be more difficult to prove than other asbestos-related diseases because of this long period of latency. Asbestos is a dangerous material and businesses that use it frequently cover up their use. The mesothelioma litigation firestorm lawsuits led to a number of asbestos companies declaring bankruptcy, allowing them to organize themselves in an administrative proceeding supervised by a judge and put money aside for current and future asbestos-related obligations. Companies like Johns-Manville have set aside more than 30 billion dollars to pay mesothelioma victims as well as other asbestos-related diseases. This led defendants to seek legal rulings which would limit their liability for asbestos lawsuits. For instance, some defendants have attempted to argue that their products weren't made with asbestos-containing materials but were simply used in conjunction with asbestos materials later purchased by the defendants. This argument is clearly illustrated in the British case of Lubbe V Cape Plc (2000 UKHL 41). A series of large asbestos trials, consolidated into the Brooklyn Navy Yard and Con Edison Powerhouse trials which occurred in New York in the 1980s and 1990s. Levy Konigsberg LLP lawyers served as leading counsel for these cases and other asbestos litigation in New York. These 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. Another key development in asbestos litigation came with the adoption of Senate Bill 15 and House Bill 1325 in 2005. These reforms in law required that the evidence presented in an asbestos lawsuit be based on peer-reviewed scientific research instead of relying on speculation and suppositions from a hired-gun expert witness. These laws, as well as the passing of other reforms similar to them, effectively squelched the firestorm of litigation. The Fourth Case As asbestos companies ran out of defenses against the lawsuits filed on behalf of victims, they began attacking their adversaries attorneys who represent them. The purpose of this tactic is to make the plaintiffs appear guilty. This is a disingenuous tactic that is designed to distract attention away from the fact that asbestos companies were responsible for mesothelioma exposure and the mesothelioma that subsequently developed. This method has proven to be extremely effective, and it is the reason why those who have been diagnosed with mesothelioma should consult with an experienced firm as soon as possible. Even if you aren't sure you have mesothelioma, an experienced firm can provide evidence and build a strong claim. In the beginning asbestos litigation was characterized by a broad range of legal claims. Workers who were exposed at work sued firms that mined or made asbestos-related products. A second group of litigants included those exposed at home or in public buildings seeking compensation from employers and property owners. Then, those diagnosed with mesothelioma and other asbestos-related diseases, sued suppliers of asbestos-containing products, the manufacturers of protective equipment, banks that financed projects using asbestos and numerous other parties. One of the most significant developments in asbestos litigation occurred in Texas. Asbestos firms specialized in taking asbestos cases to court and fomenting them in large numbers. Among these was the law firm of Baron & Budd, which was known for its secret method of coaching its clients to select particular defendants, and filing cases in bulk, with little regard for accuracy. This method of “junk science” in asbestos lawsuits was eventually rebuked by the courts, and legislative remedies were implemented that slowed the litigation firestorm. Asbestos sufferers are entitled to fair compensation, including for medical expenses. Find a reputable firm that specializes in asbestos litigation to ensure you receive the compensation you're entitled to. A lawyer will review your individual circumstances and determine if you're in a viable mesothelioma case and help you pursue justice against asbestos companies that harmed you.