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Asbestos Lawsuit History Asbestos lawsuits are handled in a complex way. Levy Konigsberg LLP lawyers have played a significant role in asbestos trials that have been consolidated in New York that resolve a number of claims all at once. Companies that manufacture hazardous products are required by law to warn consumers about 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, brought one of the first asbestos suits ever filed. In his case, Borel argued that several asbestos insulation manufacturers did not warn workers of the dangers of breathing in asbestos, a hazardous mineral. Asbestos lawsuits may compensate victims for a variety of injuries resulting from asbestos exposure. Compensation can be in the form of sum of money to ease pain and discomfort as well as lost earnings, medical costs as well as property damage. Depending on the location, victims could also be awarded punitive damages to punish companies for their wrongdoing. Despite numerous warnings, many companies continued to use asbestos in a variety of products in the United States. In 1910 the annual production of asbestos across the world surpassed 109,000 metric tonnes. The massive consumption of asbestos was driven by the need for low-cost and robust construction materials to support the growing population. The demand for low-cost mass-produced products made from asbestos helped fuel the rapid growth of the mining and manufacturing industries. In the 1980s, asbestos producers faced thousands of lawsuits from mesothelioma patients and others with asbestos-related diseases. Many asbestos companies went bankrupt, and others settled the lawsuits for large amounts of money. But lawsuits and investigations revealed that asbestos-related companies and plaintiff's lawyers were guilty of committing numerous frauds and corrupt practices. The lawsuits that followed led to convictions of many individuals under the Racketeer Influenced and Corrupt 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 of lawyers to defraud defendants and drain bankruptcy trusts. His “estimation ruling” profoundly changed the course of asbestos litigation. For instance, he discovered that in one case, an attorney claimed that the jury that his client was exposed to Garlock's products, but the evidence showed the possibility of a wider range of exposure. Hodges discovered that lawyers made up claims, hid information, and even fabricated proof to obtain asbestos victims' settlements. Other judges have since noted dubious legal maneuvering in asbestos cases, although not as extensive as the Garlock case. The legal community hopes the ongoing revelations of fraud and fraud in asbestos claims will lead to more accurate estimations of the amount asbestos victims owe businesses. The Second Case The negligence of businesses that manufactured and sold asbestos products has resulted in the development mesothelioma that has affected thousands of Americans. Asbestos suits have been filed both in state and federal courts. Victims typically receive a substantial amount of compensation. 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. The court found the asbestos-containing insulation manufacturers liable for his injuries, because they did not warn him of the dangers of exposure to asbestos. This ruling opens the way for asbestos lawsuits in the future to obtain verdicts and awards for victims. As asbestos litigation grew and gaining momentum, the businesses involved in the cases were looking for ways to limit their liability. They did this by hiring suspicious “experts” to conduct research and publish papers that would assist them to argue their case in the courtroom. These companies also used their resources to try and skew the public perception about the truth about asbestos's health risks. Class action lawsuits are one of the most troubling trends in asbestos litigation. These lawsuits let victims sue several defendants at once instead of filing separate lawsuits against each company. This tactic, while it can be beneficial in certain circumstances, it can create confusion and delay for asbestos victims. The courts have also rejected asbestos class action lawsuits in cases in the past. Asbestos defendants also use a legal strategy to limit their liability. They are trying to get judges to agree that only manufacturers of asbestos-containing products can be held responsible. They also want to limit the types of damages that a jury can decide to award. This is a crucial issue as it will impact the amount of money that victims will receive in their asbestos lawsuit. The Third Case The number of mesothelioma lawsuits began to increase in the latter half of the 1960s. The disease is caused by asbestos exposure, a mineral that was once used in many construction materials. Workers with mesothelioma filed lawsuits against the companies who exposed them to asbestos. The time it takes for mesothelioma to develop is lengthy, which means that people don't usually show symptoms until decades after exposure to asbestos. Mesothelioma is more difficult to prove than other asbestos-related diseases because of its lengthy time of latency. Asbestos is a hazardous material and businesses that use it frequently cover up their use. A number of asbestos firms declared bankruptcy as a result of the raging litigation over mesothelioma lawsuits. This allowed them to reform under the supervision of a court and put money aside to cover current and future asbestos liabilities. Companies like Johns-Manville have set aside more than 30 billion dollars to pay mesothelioma victims and other asbestos-related diseases. But this has also led to a desire by defendants to get legal rulings that could restrict their liability in asbestos lawsuits. Certain defendants, for example, have tried to argue that their asbestos-containing products were not manufactured but were used in conjunction with asbestos materials which was later purchased. This argument is well illustrated in the British case of Lubbe V Cape Plc (2000 UKHL 41). A string of large-scale asbestos trials, consolidated into the Brooklyn Navy Yard and Con Edison Powerhouse trials which occurred in New York in the 1980s and the 1990s. Levy Konigsberg LLP lawyers served as the leading counsel in these cases as well as other asbestos litigation in New York. These consolidated trials, which merged hundreds of asbestos claims into one trial, helped to reduce the number of asbestos lawsuits, and also provided significant savings for companies involved in the litigation. In 2005, the adoption of Senate Bill 15 (now House Bill 1325) and House Bill 1325 (now Senate Bill 15) was an important development in asbestos litigation. These reforms in law required that the evidence used in asbestos lawsuits be based on peer-reviewed scientific research rather than based on speculation and supposition from a hired-gun expert witness. These laws, as well as the passing of similar reforms, effectively put out the litigation firestorm. The Fourth Case As the asbestos companies had no defenses to the lawsuits filed by victims, they began to attack their adversaries and the lawyers they represent. This strategy is designed to make plaintiffs appear to be guilty. This is a shady tactic to divert attention away from the fact that asbestos companies were the ones responsible for asbestos exposure and mesothelioma. This method has proven to be very effective. Anyone who has been diagnosed with mesothelioma must consult an experienced firm as quickly as possible. Even if there is no evidence to suggest you're suffering from mesothelioma experienced firm can provide evidence and make a convincing claim. In Indio asbestos lawsuit of asbestos litigation, there was a wide variety of legal claims filed by various litigants. Workers who were exposed at work filed lawsuits against firms that mined or made asbestos products. Another class of litigants included those exposed at the home or in public buildings seeking compensation from employers and property owners. Later, those diagnosed with mesothelioma or other asbestos-related diseases suing suppliers of asbestos-containing products, the manufacturers of protective equipment, banks that funded projects that used asbestos, and many other parties. One of the most significant developments in asbestos litigation took place in Texas. Asbestos firms specialized in the process of bringing asbestos cases before courts and provoking them in huge quantities. Baron & Budd was one of these firms. It became famous for its secret method of coaching clients to focus on specific defendants and for filing cases with no regard for accuracy. The courts eventually rebuked this practice of “junk-science” in asbestos lawsuits and instituted legislative remedies that helped to quell the litigation firestorm. Asbestos victims need an equitable amount of compensation for their losses, which includes medical costs. To ensure that you get the compensation you are entitled, you should contact a reputable firm that specializes in asbestos litigation as quickly as possible. A lawyer can review your particular situation, determine whether you have an appropriate mesothelioma lawsuit and help you seek justice against the asbestos companies that harmed you.