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Asbestos Lawsuit History Asbestos suits are handled in a complicated manner. Levy Konigsberg LLP attorneys have been a major part of consolidated asbestos trials in New York, which resolve many claims at one time. The law requires manufacturers of dangerous products to inform consumers of the dangers. This is particularly true for companies that 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. Borel claimed asbestos insulation companies did not warn workers of the dangers of inhaling asbestos. Asbestos lawsuits could provide victims with compensation for different injuries resulting from asbestos exposure. The compensation can consist of a monetary amount to ease pain and discomfort and lost earnings, medical costs and property damage. Depending on where you live the victim may also be awarded punitive damages to reprimand the company for their wrongdoing. Despite warnings throughout the years, many manufacturers in the United States continued to use asbestos. By 1910, the global annual production of asbestos exceeded 109,000 tonnes. The huge consumption of asbestos was primarily driven by the requirement for durable and cheap building materials to support the growth of population. The demand for inexpensive, mass-produced products made of asbestos was a major factor in the rapid growth of mining and manufacturing industries. By the 1980s, asbestos manufacturers faced thousands of lawsuits from mesothelioma patients and other asbestos disease victims. Many asbestos companies filed for bankruptcy while others settled lawsuits with large sums of cash. However the lawsuits and other investigations revealed a huge amount of corruption and fraud by plaintiff's attorneys and asbestos companies. The lawsuits that followed resulted in convictions for a number of individuals under the Racketeer-Influenced and Corrupt Organisations Act (RICO). In a Neoclassical building made of limestone situated on Trade Street, Charlotte's Central Business District (CBD), Judge George Hodges exposed a decades-old scheme to swindle clients and deplete bankruptcy trusts. His “estimation ruling” drastically changed the face of asbestos litigation. For example, he found that in one case an attorney claimed that the jury that the client was exposed to Garlock's products, but the evidence showed an even greater scope of exposure. Hodges also discovered that lawyers created false claims, concealed information, and even faked evidence to get asbestos victims the compensation they sought. Since then other judges have also noted the need for legal redress in asbestos lawsuits however not as much as the Garlock case. The legal community hopes that the continuing revelations about fraud and abuse in asbestos claims will lead to more accurate estimates of how much asbestos victims owe businesses. The Second Case Many people across the United States have developed mesothelioma and other asbestos-related diseases due to the negligence of companies that manufactured and sold asbestos products. Asbestos suits have been filed both in state and federal courts. Victims often receive substantial compensation. The first asbestos lawsuit to win a decision was the case of Clarence Borel, who suffered from mesothelioma and asbestosis while working as an insulator for 33 years. The court held asbestos-containing insulation companies responsible for his injuries, because they failed to warn him of the dangers of exposure to asbestos. This ruling opened up the possibility of other asbestos lawsuits being successful and resulting in awards or verdicts for victims. While asbestos litigation was on the rise in the industry, many of the companies involved in the litigation were looking for ways to minimize their liability. They did this by paying untruthful “experts” to conduct research and then publish papers that would help them make their arguments in the courtroom. These companies also utilized their resources to try and influence public opinion about the truth regarding asbestos's health hazards. Class action lawsuits are among of the most disturbing developments in asbestos litigation. These lawsuits permit victims to sue several defendants at once, rather than pursuing separate lawsuits against each company. While this strategy could be beneficial in certain cases, can create confusion and waste time for asbestos victims. In Amarillo asbestos lawyer have a long track record of rejecting asbestos class action lawsuits. cases. Another legal strategy employed by asbestos defendants is to seek legal rulings that can help them limit the scope of their liability. They are trying get judges to decide that only producers of asbestos-containing products can be held responsible. They also are trying to limit the types of damages juries can give. This is an extremely important issue, since it will impact the amount an asbestos victim will receive in their asbestos lawsuit. The Third Case In the latter half of the 1960s, mesothelioma cases started to increase on the court docket. The disease develops following exposure to asbestos, a mineral many companies used to use in a variety of construction materials. The lawsuits filed by people who suffer from mesothelioma focus on the companies responsible for their exposure to asbestos. Mesothelioma is a disease with a long latency period which means that patients do not typically show signs of the disease until years after being exposed to asbestos. This makes mesothelioma lawsuits more difficult to prevail than other asbestos-related illnesses. Asbestos is a dangerous material and companies that make use of it often conceal their use. The litigation firestorm over mesothelioma lawsuits led to a number asbestos-related companies declaring bankruptcy, which allowed them to reorganize in an administrative proceeding supervised by a judge and put funds aside for future and future asbestos-related obligations. Companies like Johns-Manville have set aside more than 30 billion dollars to pay mesothelioma sufferers and other asbestos-related illnesses. However, this has also led to a desire by defendants to obtain legal rulings that would limit their liability in asbestos lawsuits. Certain defendants, for example, have tried to argue that their asbestos-containing products weren't manufactured but were used in conjunction with asbestos materials 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 1990s, New York was home to a series of large asbestos trials, like the Brooklyn Navy Yard trials and the Con Edison Powerhouse trials. Levy Konigsberg LLP lawyers served as the leading counsel in these cases as well as other asbestos litigation in New York. These trials, in which hundreds of asbestos claims were brought into a single trial, cut down the number of asbestos lawsuits and also resulted in 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 an important step in the asbestos litigation. These reforms to the law required the evidence used in asbestos lawsuits be based on peer-reviewed scientific research instead of relying on speculation or supposition from a hired gun expert witness. These laws, along with the passing of other reforms that are similar to them, effectively put out the firestorm of litigation. The Fourth Case As asbestos companies exhausted their defenses against lawsuits filed on behalf of victims, they began attacking their opponents – lawyers who represent them. This tactic is designed to make the plaintiffs appear to be guilty. This is a deceitful strategy to distract attention from the fact that asbestos-related companies were the ones responsible for asbestos exposure and mesothelioma. This approach has proven efficient, and that is the reason people who have received a mesothelioma diagnosis should speak with a reputable firm as soon as is possible. Even if you don't believe you are a mesothelioma case An experienced firm with the right resources can provide evidence of exposure and help build a solid case. In the early days asbestos litigation was characterized by a broad variety of legal claims. Workers who were exposed at work filed lawsuits against companies that mined or manufactured asbestos products. In the second, those exposed in public or private structures sued employers and property owners. Later, people diagnosed with mesothelioma and other asbestos-related diseases, sued companies that sell asbestos-containing products, manufacturers of protective equipment, banks that financed projects using asbestos and many other parties. Texas was the location of one of the most important developments in asbestos litigation. Asbestos firms specialized in the process of bringing asbestos cases before courts and provoking them in huge numbers. Baron & Budd was one of these firms. It became famous for its unique method of coaching clients to select specific defendants and to file cases without regard to accuracy. This practice of “junk science” in asbestos lawsuits eventually was disavowed by courts and legislative remedies were put in place that slowed the litigation raging. Asbestos victims need an equitable amount of compensation for their losses, which includes medical costs. To ensure that you receive the amount of compensation you are entitled, you should seek out a reputable firm that specializes in asbestos litigation as quickly as possible. A lawyer will review the circumstances of your case, determine if you have an appropriate mesothelioma claim, and help you pursue justice.