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Asbestos Lawsuit History Asbestos lawsuits are handled by a complicated procedure. Levy Konigsberg LLP lawyers have been a key part of consolidated trials of asbestos in New York that resolve a number of claims at once. Companies that manufacture dangerous products are required by law to warn consumers about the dangers. This is particularly applicable to companies that manufacture, mill or mine asbestos-containing products or asbestos-containing materials. The First Case Clarence Borel, a construction worker, filed one of the first asbestos suits ever filed. Borel claimed that asbestos insulation manufacturers did not warn workers of the dangers of breathing asbestos. Asbestos lawsuits can award victims compensatory damages for a variety of injuries resulting from exposure to asbestos. Compensation damages could include cash value for suffering and pain, loss of earnings, medical expenses and property damage. Based on the location, victims could also be awarded punitive damages meant to penalize companies for their wrongdoing. Despite warnings for 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. The huge consumption of asbestos was driven primarily by the need for sturdy and affordable construction materials to accommodate population growth. Increasing demand for inexpensive asbestos products that were mass-produced helped to fuel the rapid expansion of the mining and manufacturing industries. In the 1980s, asbestos manufacturers were battling thousands of lawsuits by mesothelioma patients as well as others suffering from asbestos diseases. Many asbestos companies failed and others settled lawsuits with large sums of money. However the lawsuits and other investigations have revealed a huge amount of corruption and fraud by plaintiff's lawyers and asbestos companies. The subsequent litigation led to the conviction of many individuals in the Racketeer Influenced and Corrupt Organisations Act (RICO). In a neoclassical limestone building located 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 ruling” profoundly changed the course of asbestos litigation. For example, he found that in one instance, the lawyer claimed to a jury his client was exposed to Garlock's products, but the evidence pointed to a much wider scope of exposure. Hodges found that lawyers fabricated claims, concealed information, and even fabricated proof to obtain asbestos victims' settlements. Other judges have since noted dubious legal maneuvering in asbestos cases, although not on the scale of the Garlock case. The legal community hopes that ongoing revelations about fraud and abuse in asbestos claims will result in more accurate estimations of the amount asbestos victims owe businesses. The Second Case Thousands of people across the United States have developed mesothelioma and other asbestos-related diseases because of the negligence of businesses that produced and sold asbestos-related products. Asbestos lawsuits have been filed in both federal and state courts, and it's not uncommon for victims to receive significant compensation for their losses. Clarence Borel was the first asbestos case to receive a verdict. He suffered from mesothelioma after a period of 33 years working as an insulation worker. League City asbestos lawsuit found that the manufacturers of asbestos-containing insulation are liable for his injuries due to the fact that they failed to inform him of the dangers of exposure to asbestos. This ruling opens up the possibility of other asbestos lawsuits being successful and resulting in verdicts or awards for victims. As asbestos litigation grew in the industry, many of the companies involved in the litigation were looking for ways to reduce their liability. They did this by hiring untruthful “experts” to conduct research and publish documents that would allow them to make their arguments in the courtroom. These companies also utilized their resources to influence public opinion about the truth about asbestos's health hazards. One of the most alarming trends in asbestos litigation is the use of class action lawsuits. These lawsuits allow victims to bring suit against multiple defendants at one time, rather than pursuing separate lawsuits against each company. This tactic, while it may be helpful in certain cases, can create confusion and take away time from asbestos victims. In addition the courts have a long tradition of refusing asbestos class action lawsuits. cases. Another legal method used by asbestos defendants is to seek legal rulings that will aid them in limiting the scope of their liability. They are trying get judges to agree only producers of asbestos-containing products can be held accountable. They also want to limit the types of damages that juries are able to give. This is a very important issue because it will impact the amount the victim is awarded in their asbestos lawsuit. The Third Case In the late 1960s, mesothelioma cases began appearing on the courts' docket. The disease develops following exposure to asbestos, a mineral many companies used to use in various construction materials. Workers with mesothelioma filed lawsuits against companies that exposed them to asbestos. Mesothelioma has long periods of latency, meaning people do not often show signs of the disease until many years after exposure to the material. Mesothelioma is harder to prove than other asbestos-related diseases because of this long time of latency. In addition, the companies who used asbestos often covered up their use of the substance because they knew it was a risk. A few asbestos-related companies declared bankruptcy because of the raging litigation over mesothelioma lawsuits. This allowed them to regroup under the supervision of a court and put funds aside to cover the future asbestos liabilities. Companies like Johns-Manville set aside more than $30 billion to pay victims of mesothelioma and various asbestos-related diseases. This also triggered an attempt by defendants to get legal rulings that would restrict their liability in asbestos lawsuits. For example, some defendants have tried to claim that their products weren't made of asbestos-containing material but were used in conjunction with asbestos materials that were subsequently purchased by the defendants. This argument is clearly illustrated in the British case of Lubbe V Cape Plc (2000 UKHL 41). In the 1980s and 1990s, New York was home to a number of major asbestos trials, like the Brooklyn Navy Yard trials and the Con Edison Powerhouse trials. Levy Konigsberg LLP attorneys served as the lead counsel in these cases as well as other major asbestos litigation in New York. These consolidated trials, in which hundreds of asbestos claims were merged into a single trial, cut down 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 an significant development in asbestos litigation. These reforms in law required that the evidence in an asbestos lawsuit be based on peer-reviewed scientific studies rather than based on speculation and suppositions from a hired-gun expert witness. These laws, along with the passing of other similar reforms, effectively doused the litigation firestorm. The Fourth Case As asbestos companies ran out of defenses against the lawsuits brought on behalf of victims, they began to attack their adversaries lawyers representing them. The purpose of this tactic is to make the plaintiffs appear guilty. This is a dishonest strategy to distract attention from the fact that asbestos companies were responsible for asbestos exposure and mesothelioma. This strategy has proven be extremely effective. Anyone who has been diagnosed with mesothelioma must consult an experienced firm as quickly as possible. Even if you don't think you're suffering from mesothelioma expert firm will be able to find evidence and build a strong claim. In the beginning asbestos litigation was characterized by a range of legal claims. First, there were those exposed at work suing companies that mined and made asbestos-related products. In the second, those exposed in public or private buildings sued employers and property owners. Later, those diagnosed with mesothelioma or other asbestos-related diseases filed suit against suppliers of asbestos-containing products as well as manufacturers of protective equipment, banks that financed asbestos projects, as well as numerous other parties. Texas was the scene of one of the most important developments in asbestos litigation. Asbestos firms specialized in bringing asbestos cases to court and fomenting them in large numbers. Among these was the law firm of Baron & Budd, which was infamous for its secret method of instructing its clients to target specific defendants, and for filing cases in bulk with no regard to accuracy. The courts eventually disapproved of this practice of “junk-science” in asbestos lawsuits and instituted legislative remedies that helped stop the litigation rumbling. Asbestos victims are entitled to an equitable amount of compensation for their losses, which includes the cost of medical care. To ensure you receive the compensation to which you are entitled, seek out a reputable firm that specializes in asbestos litigation as quickly as you can. A lawyer can review your individual circumstances and determine if you're in a viable mesothelioma case and assist you in pursuing justice against asbestos-related companies that have harmed you.