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Thompsons Solicitors' Asbestos Lawsuit HistoryThompsons? Solicitors have handled and received more compensation claims for asbestosis than any other law firms. This has been a hugely important part of our history.In the aftermath of the 1973 court ruling, asbestos lawsuits in a blaze began to take hold. The cases were filed by a multitude of plaintiffs who were not impaired.The First CaseThe? asbestos lawsuit began in a neoclassical structure on Trade Street, in Charlotte's Central Business District. It's not a likely location to create legal history but this is exactly what happened in 1973. It was at this point that a judge resurfaced on the bench after his retirement and began to unravel a decades-old scheme of plaintiffs' attorneys and their clients to defraud defendants and deplete 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 it knew or should have been aware of the danger of its use. In the 1950s, and 1960s, research showed asbestos was harmful and was linked to not just lung diseases such as asbestosis, but also a rare type of cancer known as mesothelioma. Asbestos manufacturers denied these risks and continued selling their products.In the 1970s, scientists had developed more accurate tests to prove the connection between asbestos-related illnesses and asbestos. This resulted in an increase in asbestos-related lawsuits. Borel v. Fibreboard Paper Products Corp. was the first case to receive significant legal recognition. It was filed in the year 1969 and decided in 1973.This case was a precedent for many other asbestos cases to follow. It was the first time the courts ruled that asbestos producers could be found guilty under the legal principle of strict liability. Plaintiffs were not required to prove negligence on the part of the companies and they could sue multiple manufacturers at once.The next significant landmark in the history of asbestos lawsuits was in the state of Texas. In 2005, the Texas legislature approved Senate Bill 15 This law required mesothelioma cases as well as other asbestos cases to be based on peer reviewed scientific studies, and not speculation or supposition made by hired gun experts. This was a significant change in the law and has helped defuse the firestorm of asbestos lawsuits.Recent developments in asbestos litigation have led to the prosecution of several plaintiffs lawyers and their firms under RICO. This is a federal statute that was created to catch those who are involved in organized criminal activities. The courts have exposed a concerted effort to conceal evidence, mishandle asbestos waste, hide documents and other similar tactics. This has led to a number RICO convictions for defendants as well as the plaintiffs.The Second CaseDespite? asbestos manufacturers knowing the dangers of their products for decades and decades, they put profits over safety. They even paid workers to conceal their exposure to asbestos-related diseases like mesothelioma. Tens of thousands of mesothelioma sufferers received damages when the truth was revealed.In 1973, one case ignited a firestorm of litigation across the nation. In the following three decades, tens of thousands of asbestos lawsuits have been filed. A large portion of these asbestos lawsuits were filed in the state of Texas that had favorable laws for asbestos litigation.The 1973 court ruling Borel v. Fibreboard Paper Products Corp.1 found that asbestos defendants can be held accountable if they negligently expose an individual to asbestos and the person develops an asbestos-related disease. This case changed the focus of asbestos litigation from the individual worker to the actions of the company and set the stage for the mass tort system that continues today.The case also set a very high bar for asbestos victims, which allowed them to claim the full amount of damages from one of their employers instead of several. https://www.lawsuitasbestos.top/ realized the possibility of a legal strategy to limit exposure to asbestos and began to use tactics to limit exposure.In order to reduce liability, these cynical methods include changing the definition of "exposure". They also began to argue the presence of asbestos in the air did not constitute negligence, since exposure can be triggered by a variety of sources.Asbestos litigation continues to be ongoing and new asbestos cases are filed each year. These claims sometimes involve talcum, which naturally contains asbestos fibers. These cases often involve women who were diagnosed with mesothelioma due to their use of talcum powder during the 1970s and 80s.Christine Biederman of the Dallas Observer requested a court to release Budd's transcript of his deposition testimonies regarding the coaching memo in the latter part of 2016. Biederman hoped that the testimony would shed light on Baron & Budd's role in the mesothelioma defense strategy however, the trial court denied the request.The Third CaseAsbestos? lawsuits exploded in the aftermath of the Borel decision in 1973. The litigation firestorm raged on for many years. Many victims were diagnosed with mesothelioma or other asbestos-related illnesses. Texas has favorable laws, and asbestos-related companies are located in Texas.The defendants fought back the plaintiffs claims. They hired scientists to conduct research and publish papers that bolstered their defenses. They also manipulated their workers by offering them small sums to keep their health issues secret and urging them to sign confidentiality agreements.<img width="423" src="">These tactics worked for a short time. The truth came out in the late 1970s when lawyers representing victims released the Sumner Simpson documents and exposed the brutal conduct of asbestos company executives. Asbestos companies were sued by thousands of workers who were suffering from mesothelioma and other diseases.In the mid-1980s, asbestos law firms started to limit the number of clients that they accepted. The Kazan Law firm focused on representing a smaller number of seriously ill employees who had medical evidence of exposure to asbestos.Lawyers fought against asbestos companies in their attempts to limit liability. They were successful in a variety of important legal rulings like Force v. Director OWCP (938 F.2d 981). This case established the obligation to warn not only for specific products however, but also for industrial facilities which contained asbestos. The case of Jeromson against Thompsons Solicitors was upheld later (unreported).In the early 1980s, many 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 liabilities. However, the bankruptcy trusts created by these companies are still paying out asbestos-related claims today.Defendants also tried to use the exposure-equals-causation rule as a defense in asbestos lawsuits. To prove exposure, it was enough to prove that the victim worked at a place of work where asbestos was employed. This undermined the legal system and made it easier to identify asbestos-containing products lawyers representing plaintiffs. This new rule was the reason for Baron & Budd’s "coaching memorandum".The Fourth CaseThe? victory of Clarence Borel led to the victories of other asbestos victims. But asbestos companies began to fight back in order to protect their profits. They began attacking victims on different fronts.One strategy was to attack the evidence of the victims. They claimed that victims' illnesses were caused by multiple exposures to asbestos by numerous employers and not just one exposure. This was due to the fact that companies used asbestos in a variety of their products, and each product was characterized by its own unique asbestos exposure risks. This was a serious attack on the rights of mesothelioma sufferers, because it required them to disclose all asbestos-exposed employers.Defendants also began to attack plaintiffs on the issue of compensatory damages. They claimed that the amount they awarded to asbestos victims was unjust and insufficient to the injuries suffered by each victim. Asbestos victims demanded compensation for their financial, emotional and physical damages. This was a major problem for the insurance industry, as each company was required to pay large amounts of money to asbestos victims regardless of whether they didn't cause their asbestos illness.Insurers also attempted to restrict the rights asbestos victims to claim compensation by claiming that they were not entitled to 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 proved that there was no safe amount of asbestos exposure and that mesothelioma symptoms usually occur 10 years after exposure.Lawyers who specialize in this type litigation initiated one of the most damaging attacks on asbestos victims. These lawyers gathered large groups of plaintiffs and filed them in large quantities, hoping that the court system would be overwhelmed. They also developed a secret coaching process to assist their clients with identifying specific defendants. Many times asbestos companies paid the attorneys to do this.Many asbestos cases were settled before or during trials. An asbestos settlement is a contract between a victim and an asbestos company to end a legal claim for compensation. It may be reached prior to, during or after a trial, and is not subject to the same conditions as the verdict of a jury.