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Asbestos Lawsuit History Asbestos lawsuits are handled through a complicated procedure. Savannah asbestos lawyers have played a large role in asbestos trials that are consolidated in New York, which resolve several claims at one time. The law requires companies that produce dangerous products to warn consumers about the dangers. This is particularly applicable to companies that mill, mine, or manufacture asbestos or asbestos-containing substances. 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 inhaling this hazardous mineral. Asbestos lawsuits may provide victims with compensation for various injuries that result from exposure to asbestos. Compensatory damage can include a cash amount for discomfort and pain and loss of earnings, medical expenses and property damage. Depending on where you reside victims may also receive punitive damages to reprimand the company for their wrongdoing. Despite numerous warnings, many companies continued to employ asbestos in a range of products throughout the United States. In 1910, the annual production of asbestos across the world surpassed 109,000 metric tonnes. The huge consumption of asbestos was primarily driven by the need for sturdy and inexpensive construction materials to support the growth of population. The demand for low-cost mass-produced products made from asbestos was a major factor in the rapid growth of the mining and manufacturing industries. In the 1980s, asbestos producers faced thousands of lawsuits brought by mesothelioma patients and others with asbestos diseases. Many asbestos companies failed and others settled lawsuits with large sums of money. However the lawsuits and other investigations revealed an enormous amount of corruption and fraud by attorneys for plaintiffs and asbestos companies. The subsequent litigation resulted in convictions for a number of individuals under the Racketeer-Influenced and Corrupt Organisations Act (RICO). In a neoclassical building of limestone located on Trade Street, Charlotte's Central Business District (CBD), Judge George Hodges exposed a decades-old scheme to swindle clients and rob bankruptcy trusts. His “estimation decision” changed the course of asbestos lawsuits. For instance, he found that in one case an attorney claimed that the jury that his client was exposed to Garlock's products, but the evidence pointed to a much wider scope of exposure. Hodges found that lawyers created false claims, hid information, and even created fake evidence to obtain asbestos victims' settlements. Since then other judges have also observed the need for legal redress in asbestos lawsuits however not as much as the Garlock case. The legal community hopes that ongoing revelations about fraud and abuse in asbestos claims will lead to more accurate estimates of the amount asbestos victims owe businesses. The Second Case Thousands of people across the United States have developed mesothelioma and other asbestos-related illnesses due to the negligence of companies who produced and sold asbestos-related products. Asbestos lawsuits have been filed in state and federal courts, and it's not uncommon for victims to receive large amounts of compensation for their loss. The first asbestos-related lawsuit to receive a decision was the case of Clarence Borel, who suffered from mesothelioma and asbestosis after working as an insulator for 33 years. The court determined that the makers of asbestos-containing insulation are liable for his injuries because they did not inform him of the dangers of exposure to asbestos. This ruling opens up the possibility of further asbestos lawsuits being successful and resulting in awards or verdicts for victims. Many companies were looking for ways to limit their liability as asbestos litigation grew. This was accomplished by paying “experts” who were not reputable to conduct research and produce papers to justify their claims in court. These companies were also using their resources to to influence public perceptions of the real asbestos's health risks. Class action lawsuits are among of the most alarming developments in asbestos litigation. These lawsuits let victims sue several defendants at once instead of pursuing separate lawsuits against each company. While this strategy can be beneficial in certain cases, it can lead to a lot of confusion and time wastage for asbestos victims and their families. The courts have also rejected asbestos-related class action lawsuits as a result of cases in the past. Another legal method used by asbestos defendants is to search for legal rulings that assist them in limiting the scope of their liability. They are trying to convince judges to decide that only manufacturers of asbestos-containing product can be held responsible. They also are seeking to limit the kinds of damages a judge may award. This is a crucial issue, as it will impact the amount an asbestos victim will receive in their asbestos lawsuit. The Third Case The number of mesothelioma cases increased in the late 1960s. The disease is caused by asbestos exposure which was a mineral previously used in a variety of construction materials. The lawsuits filed by people who suffer from mesothelioma focus on the companies that caused their exposure to asbestos. The latency period for mesothelioma is lengthy, which means that patients don't show symptoms until decades after exposure to asbestos. This makes mesothelioma-related lawsuits more difficult to win than other asbestos-related illnesses. Additionally, the companies that used asbestos frequently covered up their use of the material because they knew it was a risk. A number of asbestos firms declared bankruptcy as a result of the mesothelioma litigation suits. This allowed them to regroup under court supervision and set money aside to cover current and future asbestos-related liabilities. Companies like Johns-Manville set aside more than $30 billion to compensate victims of mesothelioma and various asbestos-related diseases. However, this also led to an attempt by defendants to get legal rulings that could limit their liability in asbestos lawsuits. For instance, a few defendants have tried to argue that their products weren't made of asbestos-containing material but were used in conjunction with asbestos-containing materials later purchased by the defendants. The British case of Lubbe v. Cape Plc (2000, UKHL 41) is a good illustration of this argument. A series of large consolidated asbestos trials, including the Brooklyn Navy Yard and Con Edison Powerhouse trials which occurred in New York in the 1980s and the 1990s. Levy Konigsberg LLP attorneys served as leading counsel in these trials and other asbestos litigation major in New York. These trials, where hundreds of asbestos claims were combined into one trial, reduced 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 significant development in asbestos litigation. These legal reforms required that the evidence presented in asbestos lawsuits be based on peer-reviewed scientific studies rather than based on speculation and supposition from a hired-gun expert witness. These laws, in conjunction with the passing of similar reforms, effectively doused the litigation raging. The Fourth Case As asbestos companies ran out of defenses against the lawsuits filed on behalf of victims, they began attacking their opponents lawyers representing them. This tactic is designed to make the plaintiffs appear to be guilty. This is a deceitful method to distract attention from the fact asbestos companies were the ones responsible for asbestos exposure and mesothelioma. This strategy has proven to be very efficient. Anyone who has been diagnosed with mesothelioma must seek out a reputable firm as soon as is 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 early days, asbestos litigation was characterized by a broad range of legal claims. There were first, workers exposed in the workplace who sued companies that mined and made asbestos-related products. Another class of litigants included those who were exposed at the home or in public buildings seeking compensation from employers and property owners. Then, those diagnosed with mesothelioma or any other asbestos-related diseases, sued suppliers of asbestos-containing products, manufacturers of protective equipment, banks that funded projects using asbestos and numerous other parties. One of the most significant developments in asbestos litigation occurred in Texas. Asbestos companies were experts in the process of bringing asbestos cases before courts and provoking them in large numbers. One of them was the law firm of Baron & Budd, which was infamous for its secret method of coaching its clients to focus on 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 suits and implemented legislative remedies that helped to quell the litigation firestorm. Asbestos victims are entitled to fair compensation, including for the cost of medical treatment. To ensure that you get the compensation you are entitled, contact a reputable firm that specializes in asbestos litigation as quickly as possible. A lawyer will review your individual circumstances and determine if you're in a viable mesothelioma case and assist you in pursuing justice against asbestos-related firms that hurt you.