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Thompsons Solicitors' Asbestos Lawsuit History

Thompsons Solicitors has run, and won, more asbestos disease compensation cases than any other law firm. This has been a hugely important aspect of our history.

Following a 1973 court decision asbestos lawsuits in a blaze took hold. Thousands of cases were filed on behalf of non-impaired plaintiffs.

The First Case

The asbestos lawsuit was initiated in a neoclassical building on Trade Street, in Charlotte's Central Business District. In 1973 a limestone neoclassical building on Trade Street in Charlotte's Central Business District was the site of a legal landmark. It was at this time that a judge was called back to the bench after retirement and began to unravel a long-running scheme of plaintiffs' attorneys and their clients to defraud defendant companies and drain bankruptcy trusts.

Asbestos lawsuits have their roots in the tort law, which states that the seller or manufacturer of any product may be held responsible for any harm caused by the product if the company knew or should have been aware of the dangers associated with its use. The research conducted in the 1950s and 1960s proved asbestos was a danger and could be linked to lung diseases such as asbestosis, but also to a rare type of cancer known as mesothelioma. Asbestos manufacturers denied these risks and continued sell their products.

In the 1970s, researchers had developed more accurate tests that proved the connection between asbestos and health. This led to an increase in asbestos-related lawsuits. The first case to win significant legal recognition was Borel v. Fibreboard Paper Products Corp. It was filed in 1969 and was decided in 1973.

This case was a precedent for the many asbestos cases that would follow. This was the first case in which courts ruled asbestos manufacturers guilty under strict liability. Plaintiffs didn't have to prove negligence on the part of the companies, and they could also sue multiple manufacturers at once.

The next major landmark in the history of asbestos lawsuits was in the state of Texas. In 2005, the Texas legislature passed Senate Bill 15. Senate Bill 15 The law required that mesothelioma and other asbestos cases be based on peer-reviewed scientific studies instead of conjecture and supposition from hired-gun experts. This was a significant change in the law that helped to calm the firestorm of asbestos lawsuits.

Recent developments in asbestos litigation include the prosecution of several plaintiffs lawyers and their firms, under RICO. This is a federal law designed to deter those involved in organized crime. The courts have exposed a concerted effort conceal evidence, mishandle asbestos waste, hide documents and other similar strategies. This has led to a number RICO convictions, both for defendants and claimants.

The Second Case

Despite asbestos companies being aware of the dangers of their products for decades and decades, they put profits ahead of safety. They even bribed workers to keep quiet about the dangers of asbestos-related illnesses like mesothelioma. When the truth finally came out the tens of thousands of victims were awarded damages in mesothelioma lawsuits.

In 1973, a single instance led to a storm of litigation throughout the United States. In the subsequent three decades, tens of thousands of asbestos lawsuits have been filed. Many of these asbestos lawsuits were brought in Texas, a state with favorable laws for asbestos litigation.

The 1973 court decision in Borel v. Fibreboard Paper Products Corp.1 established that asbestos defendants could be held responsible for damages if they negligently exposed a person to asbestos, and those persons developed an asbestos-related illness. The case moved asbestos litigation away from the individual worker, and more towards the company's actions. It paved the way for mass torts, which continue today.

The case also set a very high bar for asbestos victims, which allowed them to seek full damages from just one of their employers, rather than a number of. Insurance companies realized the possibility of a legal strategy to limit exposure to asbestos and began to use tactics to limit it.

To limit liability, these cynical tactics include changing the definition of "exposure". They also began to argue that the mere presence of asbestos in the air was not a cause for negligence, as exposure could occur from a variety of sources.

Asbestos litigation continues to be ongoing and new asbestos personal injury lawsuit cases are filed each year. These cases often involve Talcum, a substance that naturally contains asbestos fibers. These cases usually involve women who were diagnosed with mesothelioma because of their use of talcum powder in the 1970s and 1980s.

Christine Biederman of the Dallas Observer requested that a court open Budd's transcripts of his deposition testimony regarding the coaching memo in late 2016. Biederman believed that the testimony could provide some insight into Budd and Baron's role in the mesothelioma defence strategy. However the trial court rejected her request.

The Third Case

In the wake of the 1973 Borel decision asbestos lawyer lawsuit lawsuits began explode. The litigation firestorm raged on for a long time. Many victims were diagnosed with mesothelioma or other asbestos-related illnesses. Texas has favorable laws and asbestos companies have headquartered there.

The defendants resisted the plaintiffs assertions. They employed scientists to study and publish papers supporting their defenses. They also manipulate employees by paying them small amounts to keep their health issues secret and urging employees to sign confidentiality agreements.

These strategies worked for a time. The truth came out in the late 1970s when lawyers for the victims released the Sumner Simpson documents and exposed the ruthless behavior of asbestos company executives. Many workers were in a position to sue asbestos producers for mesothelioma, and Asbestos Lawsuit History related conditions.

In the mid-1980s, asbestos law firms began to limit the number of clients they would take on. The Kazan Law firm focused on representing a smaller group of seriously ill workers with medical evidence of asbestos exposure.

Lawyers fought back against asbestos companies' attempts to limit their liability. They won several important legal rulings, including Force v. Director OWCP (938 F.2d 981). This case established the requirement to warn not only for specific products, but also for industrial buildings which contained asbestos. The duty to warn was later confirmed in the case of Jeromson in the case of Jeromson v Thompsons Solicitors (unreported).

In the early 1980s, several of the largest asbestos producers declared bankruptcy. This allowed them the opportunity to organize themselves through court proceedings and set funds aside to cover future asbestos obligations. Sadly, bankruptcy trusts set up by these companies still pay asbestos-related damages.

Defendants also tried to use the exposure-equals-causation rule as a defense in asbestos lawsuits. To prove exposure to asbestos lawsuit history, it was enough to show that the victim worked at a site where asbestos was used. This weakened the legal process and made it easier for plaintiffs' attorneys to determine their clients' asbestos-containing products. This new rule was the basis for Baron and Budd's "coaching memorandum".

The Fourth Case

The victory of Clarence Borel led to the victories of other asbestos victims. But asbestos companies began to fight back to protect their profits. They began attacking victims from different angles.

One strategy involved attacking victims' evidence. They claimed that the diseases of the victims were a result of multiple asbestos exposures by a variety of employers, and not only one exposure. This was because the companies employed asbestos in a variety of their products, and each was characterized by its particular asbestos exposure risks. This was a significant attack on mesothelioma patients' rights because it required them to identify all asbestos-exposured employers.

Defendants also began to attack plaintiffs on the issue of compensatory damages. They claimed that the amount they awarded to asbestos victims was unreasonable and out of proportion to the harms that each victim suffered. Asbestos victims demanded compensation for their financial, emotional and physical injuries. This was a significant challenge to the insurance industry because it meant that each company was responsible for paying out large sums of funds to asbestos victims even if the companies did not directly cause their asbestos illness.

Insurance companies also tried to restrict the right of asbestos victims to claim compensation by arguing that they were not entitled to any damages that were beyond the amount of the liability insurance coverage of their employer at the time they were diagnosed with mesothelioma. This was despite the fact that medical evidence demonstrated that there was no safe level of exposure to asbestos and that mesothelioma-related symptoms typically develop 10 years after exposure.

Lawyers who specialize in this kind of litigation have launched one of the most destructive attacks on asbestos victims. These lawyers gathered large groups of plaintiffs to file cases in large quantities, hoping that the court system would be overwhelmed. They also created a process for secretly coaching their clients to focus on specific defendants, and they were often paid by the asbestos companies they targeted.

Many asbestos cases were settled before or during trials. A settlement involving asbestos is a contract between the victim and asbestos company that settles an legal claim to compensation. The settlement can be reached prior to, during or after the trial, and does not have to meet the same requirements as jury verdicts.