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Asbestos Lawsuit History Asbestos suits are dealt with in a complicated manner. Levy Konigsberg LLP attorneys have played a large role in asbestos trials that are consolidated in New York, which resolve several claims in one go. The law requires manufacturers of hazardous products to warn consumers of the dangers. This is especially relevant to companies that manufacture, mill or mine asbestos or asbestos-containing items. The First Case Clarence Borel, a construction worker, filed one of the first asbestos suits ever filed. In his case, Borel argued that several asbestos insulation producers failed to warn workers of the dangers of breathing in asbestos, a dangerous mineral. Asbestos lawsuits can provide victims with compensation for different injuries resulting from asbestos exposure. Compensation can be in the form of cash amount for discomfort and pain as well as lost earnings, medical expenses and property damage. Based on where you live victims may also receive punitive damages to reprimand the company for their wrongdoing. Despite numerous warnings, many companies continued to make use of asbestos in a variety of products in the United States. By 1910, the world's annual production of asbestos surpassed 109,000 tonnes. The huge consumption of asbestos was primarily driven by the need for durable and cheap building materials to keep pace with population growth. Increasing demand for inexpensive asbestos products that were mass-produced led to the rapid growth of the mining and manufacturing industry. In the 1980s, asbestos manufacturers faced thousands of lawsuits from mesothelioma and other asbestos-related diseases. Many asbestos companies were forced to go bankrupt, and others settled the lawsuits with large sums of money. But investigations and lawsuits revealed that asbestos companies and plaintiff's lawyers had engaged in many frauds and corrupt practices. The resultant litigation led to the convictions of many individuals under the Racketeer corrupt and controlled 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 by lawyers to fraudulently defraud defendants and to drain bankruptcy trusts. His “estimation ruling” dramatically changed the landscape of asbestos litigation. Hodges discovered, for instance, that in one case a lawyer claimed to jurors that his client was only exposed to Garlock products, but the evidence showed a broader scope of exposure. Hodges also found that lawyers created false claims, concealed information and even fabricated evidence to get asbestos victims the settlements they were seeking. Since since then, other judges have noted the need for legal redress in asbestos lawsuits however not as much as the Garlock case. The legal community hopes that the ongoing revelations of fraud and fraud in asbestos cases will lead to more precise estimates of the amount companies owe asbestos victims. The Second Case Many people across the United States have developed mesothelioma and other asbestos-related ailments because of the negligence of companies who produced and sold asbestos-related products. Asbestos suits have been filed in federal and state courts. Victims often receive substantial compensation. Clarence Borel was the first asbestos case to be awarded a verdict. He suffered from mesothelioma after a period of 33 years working as an insulation worker. The court held asbestos-containing insulation companies responsible for his injuries as they did not warn him about the dangers of exposure to asbestos. This ruling opened the door for asbestos lawsuits in the future to obtain verdicts and awards for victims. Many companies were looking for ways to limit their liabilities as asbestos litigation grew. They did this by paying untruthful “experts” to conduct research and publish papers that would help them make their arguments in the courtroom. They also employed their resources to try to influence public perceptions of the truth about the asbestos's health risks. One of the most disturbing developments in asbestos litigation is the use of class action lawsuits. These lawsuits let victims bring suit against multiple defendants at one time, rather than pursuing separate lawsuits against each company. While this approach can be beneficial in certain situations, it can cause a lot of confusion and time wastage for asbestos victims and their families. Additionally, the courts have a long history of denying asbestos class action lawsuits. cases. Asbestos defendants also use a legal strategy to limit their liability. They are trying to convince judges to agree that only manufacturers of asbestos-containing products should be held accountable. They also are trying to limit the types of damages juries are able to give. This is a crucial issue, as it will affect the amount of money the victim is awarded in their asbestos lawsuit. The Third Case In the late 1960s mesothelioma cases started to increase on the court docket. The disease is caused by exposure to asbestos, a mineral that was once used in many construction materials. The lawsuits brought by those who suffer from mesothelioma focus on the companies responsible for their exposure to asbestos. Mesothelioma has a long latency period, meaning people do not usually show symptoms of the illness until decades after being exposed to asbestos. This makes mesothelioma lawsuits more difficult to win than other asbestos-related ailments. Asbestos is a dangerous material and businesses that use it frequently cover up their use. The raging litigation over mesothelioma lawsuits led to a variety of asbestos companies declaring bankruptcy, which allowed them to organize themselves in an administrative proceeding supervised by a judge and put funds aside for current and future asbestos-related obligations. Companies like Johns-Manville have set aside more than 30 billion dollars to compensate mesothelioma patients and other asbestos-related diseases. This led defendants to seek legal rulings which could limit their liability in asbestos lawsuits. Some defendants, for example have tried to claim that their asbestos-containing products were not manufactured but were used together with asbestos material that was later purchased. This argument is clearly illustrated in the British case of Lubbe V Cape Plc (2000 UKHL 41). In the 1980s and into the 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 and other asbestos litigation in New York. These consolidated trials, which combined hundreds of asbestos claims in one trial, helped reduce the number of asbestos lawsuits, and also provided significant savings for companies involved in the litigation. In 2005, the passing of Senate Bill 15 (now House Bill 1325) and House Bill 1325 (now Senate Bill 15) was another significant development in asbestos litigation. These legal reforms required that the evidence used in asbestos lawsuits be based on peer-reviewed scientific studies, rather than on conjecture and suppositions from a hired-gun expert witness. These laws, in conjunction with the passage of similar reforms, effectively put out the litigation raging. The Fourth Case As asbestos companies ran out of defenses against the lawsuits brought on behalf of victims, they began attacking their adversaries – lawyers who represent them. The aim of this tactic is to make plaintiffs appear guilty. This is a shady method to distract attention from the fact that asbestos companies were responsible for asbestos exposure and mesothelioma. This method has proven to be extremely effective, and this is the reason why those who have received a mesothelioma diagnosis should consult with an experienced firm as soon as possible. Even if you aren't sure you're suffering from mesothelioma experienced firm can provide evidence and build a strong claim. In the beginning of asbestos litigation there was a wide variety of legal claims filed by different litigants. Workers who were exposed at work sued businesses that mined or produced asbestos products. Denver asbestos attorneys of litigants consisted of those exposed at the home or in public buildings suing property owners and employers. Then, those who were diagnosed with mesothelioma or other asbestos-related illnesses sued distributors of asbestos-containing materials as well as manufacturers of protective gear as well as banks that financed asbestos projects, and numerous other parties. One of the most significant developments in asbestos litigation was in Texas. Asbestos firms in Texas were specialized in bringing asbestos cases and bringing them to court in large numbers. Among these was the law firm of Baron & Budd, which was known for its secret method of coaching its clients to focus on specific defendants and filing cases in bulk, with little regard for accuracy. This practice of “junk science” in asbestos lawsuits was later rescinded by courts and legislative remedies were put in place which helped to stop the litigation firestorm. Asbestos victims can claim fair compensation, including medical treatment costs. To ensure that you receive the compensation to which you are entitled, you should consult with an experienced firm that is specialized in asbestos litigation as quickly as you can. A lawyer can analyze the circumstances of your case, determine if you have a valid mesothelioma claim and help you pursue justice.