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Thompsons Solicitors' Asbestos Lawsuit HistoryThompsons? Solicitors has run, and won, more asbestos disease compensation claims than any other law firm. This has been a tremendously important aspect of our history.Following the 1973 court ruling, asbestos lawsuits in a blaze began to take hold. The lawsuits were filed by thousands of plaintiffs who were not affected.The First CaseThe? asbestos-related story began in a neoclassical limestone building on Trade Street in Charlotte's Central Business District. In 1973, a neoclassical limestone building on Trade Street in Charlotte's Central Business District was the site of a legal landmark. A retired judge was able to uncover a long-running scheme that was used to defraud defendants and drain bankruptcy trusts.Asbestos suits are rooted in tort law, which states that a business is liable for any injury caused by a product if they were aware or ought to have been aware of the dangers associated with its use. In the 1950s, and 1960s, studies showed asbestos was harmful and could cause lung diseases such as asbestosis but also a rare type of cancer known as mesothelioma. Asbestos producers denied the risks and continued to sell their products.In the 1970s, scientists had created more precise tests to prove the connection between asbestos-related illnesses and asbestos. This resulted in a significant increase in asbestos related lawsuits. The first case to gain significant legal recognition was Borel v. Fibreboard Paper Products Corp., which was filed in 1969 and decided in 1973. https://www.lawsuitasbestos.top/ set the precedent for many other asbestos cases to follow. This was the first case where courts held asbestos manufacturers guilty under strict liability. It was not required for plaintiffs to prove the companies been negligent, and it allowed victims to sue multiple manufacturers at once.Texas was the next state that reached a major milestone in the history of asbestos litigation. In 2005 the legislature passed Senate Bill 15. The law required mesothelioma cases 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 and has helped to reduce the rumblings of asbestos lawsuits.More recent developments in asbestos litigation have included the prosecution of a few of plaintiffs' attorneys as well as their companies under RICO which is a federal law crafted to catch those who are involved in organized crime. The courts have exposed a concerted effort conceal evidence, mishandle asbestos waste, conceal documents and other similar strategies. This has led to a variety of RICO convictions for defendants and plaintiffs.The Second CaseDespite? asbestos manufacturers knowing the dangers of their products for decades but they remained focused on profits ahead of safety. Workers were bribed to keep quiet about asbestos-related illnesses like mesothelioma. When the truth finally came out in the end, tens of thousands victims were awarded damages in mesothelioma lawsuits.In 1973, a single instance ignited a firestorm of litigation across the country. In the years that followed there were tens of thousands asbestos lawsuits were filed. Many of these asbestos lawsuits were filed in the state of Texas that had favorable laws regarding asbestos litigation.The 1973 court ruling Borel v. Fibreboard Paper Products Corp.1 established asbestos defendants could be held liable if they negligently expose an individual to asbestos and the person develops an asbestos-related illness. This case changed the focus of asbestos litigation away from the individual worker to the company's actions and paved the way for the mass tort system that is still in place today.The case also set a high bar for asbestos victims which allowed them to seek full damages from just one of their employers instead of several. Insurance companies realized the possibility of a legal strategy to limit asbestos exposure and began to use tactics to limit the exposure.These cynical strategies included changing the definition of "exposure" in order to reduce their liability. 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 is ongoing and there are always new asbestos cases filed each year. In certain instances, these claims involve talcum powder, which contains naturally-occurring asbestos fibers. These cases typically involve women who were diagnosed with mesothelioma as a result of their use of talcum powder in the 1970s and 1980s.In the last quarter of 2016, a reporter from the Dallas Observer, Christine Biederman requested that a judge reveal the transcript of Budd's deposition testimony regarding the coaching memo. Biederman was hoping that the testimony would shed some light on Budd and Baron's involvement in the mesothelioma defence plan. However the trial court rejected her request.The Third CaseAsbestos? lawsuits rose in the wake of the Borel decision in 1973. The litigation firestorm raged on for many years. Many victims developed mesothelioma or other asbestos-related illnesses. Texas has favorable laws, and asbestos companies have located in Texas.The defendants fought back the plaintiffs assertions. They enlisted scientists to conduct research and publish papers that bolstered their defenses. They also manipulated workers by offering them small sums to keep their health problems quiet and urging them to sign confidentiality agreements.These tactics worked for a while. However, the truth was revealed in the late 1970s, when lawyers representing victims came out with the Sumner Simpson papers and the ruthless behavior of asbestos executives of the company. Many workers were able to sue asbestos manufacturers for mesothelioma, and related conditions.In the mid-1980s, asbestos law firms began to limit the number of clients they would take on. Kazan Law focused on a smaller number of seriously ill workers who had medical evidence of asbestos exposure.Lawyers fought back against the asbestos companies' attempts to limit their liability. They won a number important legal rulings like Force v. Director OWCP (938 F.2d 981). This case established the requirement to warn, not just for specific products however, but also for industrial premises which contained asbestos. It was later affirmed in the case of Jeromson in the case of Jeromson v Thompsons Solicitors (unreported).Many of the biggest asbestos producers declared bankruptcy in the beginning of the 1980s. This allowed them to organize through the courts and set aside funds aside to pay for future asbestos-related obligations. Unfortunately the trusts in bankruptcy created by these companies are paying out asbestos-related claims today.<img width="343" src="">Defendants also tried to use the exposure-equals-causation rule as a defense in asbestos lawsuits. To prove exposure, it was sufficient to prove that the victim worked on a site where asbestos was employed. This affected the legal system and made it easier to identify asbestos-containing products lawyers representing plaintiffs. This new rule was the basis for the Baron & Budd's "coaching memorandum".The Fourth CaseThe? victory of Clarence Borel led to the victories of other asbestos victims. However, asbestos companies began to fight back to protect their profits. They began attacking victims from different angles.One strategy was to challenge the evidence of the victims. They claimed that victims' illnesses were caused by multiple exposures to asbestos from many employers and not one exposure. This was because the companies used asbestos in a variety of their products, and each was characterized by its own unique asbestos exposure risk. This was a significant attack on mesothelioma sufferers right to rights as it required them to disclose the asbestos-exposure employers of all their employers.The defendants also began to attack plaintiffs over the issue of compensatory damages. They claimed that the amount they awarded asbestos victims was excessive and out of proportion with the physical injuries that each victim sustained. Asbestos victims were seeking compensation for their emotional, physical and financial loss. This was a significant challenge to the insurance industry as it meant that each company was accountable for paying huge amounts of money to asbestos victims even if the companies did not directly cause their asbestos disease.Insurance companies also attempted to limit asbestos victims' ability to claim compensation by claiming that the insurance coverage provided by their employer was adequate at the time of the mesothelioma's onset. This was despite the fact that medical evidence showed that there is no safe level of exposure to asbestos and that mesothelioma-related symptoms typically develop 10 years after exposure.Lawyers who specialize in this type litigation have launched one of the most destructive attacks on asbestos victims. These attorneys gathered groups of plaintiffs and filed them in large numbers, hoping to overwhelm the court system. They also devised a secret coaching process to help their clients target specific defendants. In many cases, asbestos companies paid them to do this.Many asbestos cases were settled before or during trials. An asbestos settlement is a contract between the victim and the asbestos company that settles a legal claim of compensation. The settlement can be reached during, before or after the trial, and does not have to meet the same standards as jury verdicts.