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Asbestos Lawsuit History Asbestos lawsuits are handled by a complex process. Levy Konigsberg LLP attorneys have been a major part of consolidated asbestos trials in New York, which resolve many claims at one time. Companies that manufacture dangerous products are required by law to warn consumers about the dangers. This is particularly applicable to companies who mine, mill or manufacture asbestos-containing products or asbestos-containing materials. The First Case Clarence Borel, a construction worker, filed one of the first asbestos lawsuits ever filed. In his case, Borel argued that several asbestos insulation manufacturers did not adequately warn workers about the dangers of inhaling the dangerous mineral. Asbestos lawsuits could provide victims with compensation for various injuries that result from exposure to asbestos. Compensatory damages may include monetary value for pain and suffering, lost earnings, medical expenses, and property damage. In the case of a location, victims could also be awarded punitive damages meant to punish companies for their wrongdoing. Despite warnings for many years, many companies in the United States continued to use asbestos. By 1910, the global annual production of asbestos exceeded 109,000 metric tons. The huge consumption of asbestos was primarily driven by the requirement for durable and affordable construction materials to accommodate population growth. The growing demand for cheap asbestos products, which were mass-produced, led to the rapid growth of the mining and manufacturing industries. In the 1980s, asbestos producers faced thousands of lawsuits by mesothelioma sufferers and other people suffering from asbestos diseases. Many asbestos companies failed, and others settled the lawsuits for large sums of money. However lawsuits and other investigations have revealed a massive amount of fraud and corruption by attorneys for plaintiffs and asbestos companies. The litigation that followed led to convictions for many individuals under the Racketeer-Influenced and Corrupt Organisations Act (RICO). In a limestone building that was built in the Neoclassical style located 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 ruling” drastically changed the face of asbestos litigation. For example, he found that in one instance, the lawyer claimed to a jury his client was only exposed to Garlock's products when the evidence showed a much wider scope of exposure. Hodges found that lawyers fabricated claims, concealed information, and even created fake evidence to secure asbestos victims' settlements. Since since then other judges have also observed the need for legal redress in asbestos lawsuits, but not in the manner of the Garlock case. The legal community hopes that ongoing revelations of fraud and abuse in asbestos claims will lead to more accurate estimates of how much asbestos victims owe companies. The Second Case The negligence of companies who produced and sold asbestos-related products has led to the development of mesothelioma in thousands of Americans. Asbestos suits have been filed both in federal and state courts. Victims often receive substantial compensation. The first asbestos-related lawsuit to receive a decision 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 manufacturers of asbestos-containing insulation are liable for his injuries due to the fact that they did not inform him of the dangers of exposure to asbestos. This ruling opens up the possibility of other asbestos lawsuits proving successful and culminating 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 suspicious “experts” to conduct research and write documents that would allow them to make their arguments in court. They also utilized their resources to try and alter the public's perception of the truth regarding the health risks of asbestos. One of the most alarming developments in asbestos litigation is the use of class action lawsuits. These lawsuits permit the families of victims to take on multiple defendants at one time instead of pursuing individual lawsuits against each company. This method, though it may be helpful in certain situations, it can cause confusion and take away time from asbestos victims. Additionally, the courts have a long tradition of denying class action lawsuits in asbestos cases. Another legal method used by asbestos defendants is to seek legal rulings that will help them limit the extent of their liability. They are attempting to get judges to agree that only producers of asbestos-containing products can be held accountable. They also are trying to limit the types of damages that juries are able to decide to award. This is a very important issue, as it will affect the amount the victim is awarded 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 exposure to asbestos, a mineral that a lot of companies once used in a variety of construction materials. Workers with mesothelioma filed lawsuits against the companies who exposed them to asbestos. Mesothelioma has an extended latency time that means that people don't often show signs of the illness until decades after being exposed to the material. Mesothelioma is more difficult to prove than other asbestos-related diseases because of this long latency period. Additionally, the companies who used asbestos often covered up their use of asbestos because they knew it was dangerous. The litigation firestorm over mesothelioma lawsuits led to a number of asbestos companies declaring bankruptcy, allowing them to organize themselves in an unsupervised court proceeding and set funds aside for future and future asbestos-related obligations. Companies like Johns-Manville have set aside more than $30 billion to compensate victims of mesothelioma and other asbestos-related diseases. But this also led to an attempt by defendants to obtain legal rulings that would restrict their liability in asbestos lawsuits. Certain defendants, for example have tried to claim that their asbestos-containing products were not manufactured but were used together with asbestos material which was later purchased. 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, such as the Brooklyn Navy Yard trials and the Con Edison Powerhouse trials. Levy Konigsberg LLP lawyers served as the chief counsel for these cases as well as other asbestos litigation in New York. The consolidated trials, where hundreds of asbestos claims were combined into one trial, slowed the number of asbestos lawsuits, and provided significant savings for businesses involved in litigation. In 2005, the passing of Senate Bill 15 (now House Bill 1325) and House Bill 1325 (now Senate Bill 15) was another important development in asbestos litigation. These legal reforms required evidence in asbestos lawsuits to be based on peer reviewed scientific studies rather than conjecture or supposition from an expert witness hired by the government. These laws, along with the passing of other similar reforms, effectively quelled the litigation raging. The Fourth Case As asbestos companies ran out of defenses against the lawsuits filed on behalf victims, they began to attack their opponents attorneys who represent them. This strategy is designed to make plaintiffs appear guilty. This is a disingenuous tactic designed to divert focus from the fact that asbestos companies were the ones responsible for asbestos exposure and the mesothelioma which followed. This strategy has been very effective, and this is why people who have received a mesothelioma diagnosis should speak with a reputable firm as soon as possible. Even if you do not think you have a mesothelioma case, an expert firm with the right resources can provide evidence of exposure and create a convincing case. In the beginning, asbestos litigation was characterized by a variety of legal claims. Workers who were exposed at work sued companies that mined or manufactured asbestos-related products. Another class of litigants comprised those who were exposed at home or in public buildings who sued property owners and employers. Later, those diagnosed with mesothelioma and other asbestos-related diseases filed suit against asbestos-containing material distributors, manufacturers of protective equipment, banks that financed asbestos projects, and numerous other parties. Texas was the site of one of the most significant developments in asbestos litigation. Asbestos firms were specialized in taking asbestos cases to court and provoking them in huge quantities. Baron & Budd was one of these firms that was renowned for its shrewd method of instructing clients to target specific defendants and to file cases without regard to accuracy. Suffolk asbestos attorney rebuked this practice of “junk-science” in asbestos suits and implemented legislative remedies that helped quell the litigation firestorm. Asbestos victims are entitled to fair compensation, which includes medical expenses. To ensure that you get the compensation you have a right to, consult with an experienced firm that is specialized in asbestos litigation as quickly as possible. A lawyer can analyze your particular situation and determine if you're in a mesothelioma claim that is viable and assist you in pursuing justice against asbestos-related companies that have harmed you.