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Thompsons Solicitors' Asbestos Lawsuit History
Thompsons Solicitors has run, and won, more asbestos disease compensation claims than any other law firm. This has been an important part of our history.
A 1973 court decision sparked a firestorm in asbestos lawsuits. The lawsuits were filed by thousands of plaintiffs who were not impaired.
The First Case
The asbestos class action lawsuit asbestos exposure started in a neoclassical building on Trade Street, in Charlotte's Central Business District. In 1973 the neoclassical limestone structure on Trade Street in Charlotte's Central Business District was the site of a legal landmark. A retired judge was able uncover a long-running scheme that was used to defraud defendants, and also deplete bankruptcy trusts.
Asbestos lawsuits have their roots in the law of tort which stipulates that a manufacturer or seller of any product may be held liable for any injury caused by the product if it knew or should have known about the danger of its use. Research conducted in the 1950s and 1960s demonstrated asbestos's dangers and could be linked to lung diseases such as asbestosis, but also to a rare cancer known as mesothelioma. Asbestos producers denied the dangers and continued to sell their products.
In the 1970s, scientists had created more precise tests to confirm the link between asbestos-related illnesses and asbestos. This resulted in a significant increase in asbestos related lawsuits. Borel v. Fibreboard Paper Products Corp. was the first case to gain significant legal recognition. The case was filed in 1969 and was decided in 1973.
This case set the precedent for the many asbestos cases that would follow. This was the first case in which courts ruled asbestos producers guilty under strict liability. It was not necessary for plaintiffs to prove the companies been negligent as it allowed victims to sue several manufacturers at once.
The next major event in the history of asbestos lawsuits occurred in the state Texas. In 2005, the legislature of Texas passed Senate Bill 15 The 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 litigation.
Recent developments in asbestos litigation include the prosecution of several plaintiffs lawyers and their companies, under RICO. It is a federal law designed to deter those involved in organized criminal activity. Concerted efforts to conceal evidence, evade and dispose of asbestos waste, conceal documents and other similar tactics have been exposed by the courts, resulting in several RICO convictions for plaintiffs and defendants alike.
The Second Case
Despite asbestos companies being aware of the dangers of their products for decades and decades, they put profits ahead of safety. Workers were bribed to keep secret about asbestos-related illnesses, such as mesothelioma. When the truth finally came out in the end, tens of thousands victims were awarded damages in mesothelioma lawsuits.
In 1973, one case ignited a firestorm of litigation across the country. In the next three decades, tens and thousands of asbestos lawsuits have been filed. Many of these asbestos lawsuits were filed in the state of Texas which had favorable laws governing asbestos litigation.
The 1973 court decision in Borel v. Fibreboard Paper Products Corp.1 established that asbestos lawsuit attorney defendants could be held liable for damages if they negligently exposed a person to asbestos and the person developed 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 which continues to this day.
The case also set a new bar for asbestos victims which allowed them to seek all damages from only one of their employers, instead of several. Insurers quickly realized the potential of this legal strategy and began to employ tactics to reduce their exposure.
These cynical tactics included altering the definition of "exposure" in order to limit their liability. They also began to argue that the mere presence 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 every year. In certain instances these cases, the plaintiffs are suing the use of talcum powder, which is a source of asbestos fibers that naturally occur. These cases typically involve women who were diagnosed with mesothelioma using talcum powder during the 1970s and 80s.
In the last quarter of 2016, a reporter from the Dallas Observer, Christine Biederman, asked a judge to release the transcript of Budd's deposition testimony regarding the coaching memo. Biederman was hoping that the testimony could provide insight into Baron and Budd's role in the mesothelioma defense strategy however, the trial court denied the request.
The Third Case
Asbestos-related lawsuits exploded in following the Borel decision in 1973. The litigation inferno raged for a number of years. Many victims suffered from mesothelioma and other asbestos-related diseases. The majority of cases were filed in Texas due to favorable laws, and also because asbestos companies had their headquarters there.
The defendants fought the plaintiffs' claims. They employed scientists to study and publish papers that bolstered their defenses. They also manipulate employees, paying small amounts to keep their health concerns quiet and encouraging them to sign confidentiality agreements.
These strategies worked for a time. But the truth came out in the latter part of the 1970s when lawyers representing the victims exposed the Sumner Simpson papers and the inhumane behavior 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 began to limit the number of clients they took on. The Kazan Law firm focused on representing a smaller number of seriously ill workers who had medical evidence of exposure to asbestos.
Lawyers fought back against asbestos companies' efforts to limit their liability. They won a number important legal rulings, including Force v. Director, OWCP (938 F.2d 981). This case proved that the duty to warn was applicable not just to specific products, but also to industrial premises in which asbestos was present. The duty to warn was later confirmed in the case of Jeromson v. Thompsons Solicitors (unreported).
In the early 1980s, a number of the largest asbestos cancer lawsuit producers declared bankruptcy. This allowed them the opportunity to reorganize themselves in court and Asbestos cancer Lawsuit Mesothelioma Settlement put money aside for the future asbestos-related liabilities. Unfortunately, bankruptcy trusts put by these companies continue to have to pay for asbestos-related damages.
Defendants also tried to use the exposure-equals-causation rule as a defense in asbestos lawsuits. To prove exposure, it was necessary to prove that the victim worked on a site where asbestos was utilized. This affected the legal process and made it easier for plaintiffs' lawyers to identify their clients who were asbestos exposure lawsuit-containing products. This new rule was the reason for Baron & Budd’s "coaching memo".
The Fourth Case
Clarence Borel's victory led to the victories of other asbestos cancer lawsuit mesothelioma settlement victims. However, asbestos companies began to fight back in order to defend their profits. They began attacking victims on many different fronts.
One strategy involved attacking the evidence of victims. They claimed that the victims' illnesses were caused by multiple exposures to asbestos by many employers and not a single exposure. This was because the companies employed asbestos in a variety of their products, and each product had its particular asbestos exposure risks. This was a major attack on mesothelioma victims' rights because it required them to disclose all asbestos-exposured employers.
The defendants also began attacking plaintiffs over compensation damages. They argued that the amount awarded to asbestos victims was unreasonable and not proportional to the injuries that each victim suffered. Asbestos victims demanded compensation for their emotional, financial and physical injuries. This posed a major challenge to the insurance sector, as each company was required to pay out large sums of money to asbestos sufferers even if they did not cause their asbestos illness.
Insurance companies also tried to restrict asbestos victims' rights to receive compensation, arguing that their employer's insurance coverage was sufficient at the time of the mesothelioma's development. Medical evidence indicates that there is no safe asbestos exposure level and that symptoms of mesothelioma usually appear 10 years after exposure.
Lawyers who specialize in this type litigation have launched one of the most damaging attacks on asbestos victims. They gathered groups plaintiffs and filed them in bulk hoping to overwhelm court system. They also developed a method for secretly coaching their clients to focus on specific defendants, and they were often paid by the asbestos companies they targeted.
Although some cases were brought to trial, many victims reached agreements with asbestos companies prior to or during the trial. A settlement involving asbestos is a deal between the victim and the asbestos company to stop the legal claim to 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.
Thompsons Solicitors has run, and won, more asbestos disease compensation claims than any other law firm. This has been an important part of our history.
A 1973 court decision sparked a firestorm in asbestos lawsuits. The lawsuits were filed by thousands of plaintiffs who were not impaired.
The First Case
The asbestos class action lawsuit asbestos exposure started in a neoclassical building on Trade Street, in Charlotte's Central Business District. In 1973 the neoclassical limestone structure on Trade Street in Charlotte's Central Business District was the site of a legal landmark. A retired judge was able uncover a long-running scheme that was used to defraud defendants, and also deplete bankruptcy trusts.
Asbestos lawsuits have their roots in the law of tort which stipulates that a manufacturer or seller of any product may be held liable for any injury caused by the product if it knew or should have known about the danger of its use. Research conducted in the 1950s and 1960s demonstrated asbestos's dangers and could be linked to lung diseases such as asbestosis, but also to a rare cancer known as mesothelioma. Asbestos producers denied the dangers and continued to sell their products.
In the 1970s, scientists had created more precise tests to confirm the link between asbestos-related illnesses and asbestos. This resulted in a significant increase in asbestos related lawsuits. Borel v. Fibreboard Paper Products Corp. was the first case to gain significant legal recognition. The case was filed in 1969 and was decided in 1973.
This case set the precedent for the many asbestos cases that would follow. This was the first case in which courts ruled asbestos producers guilty under strict liability. It was not necessary for plaintiffs to prove the companies been negligent as it allowed victims to sue several manufacturers at once.
The next major event in the history of asbestos lawsuits occurred in the state Texas. In 2005, the legislature of Texas passed Senate Bill 15 The 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 litigation.
Recent developments in asbestos litigation include the prosecution of several plaintiffs lawyers and their companies, under RICO. It is a federal law designed to deter those involved in organized criminal activity. Concerted efforts to conceal evidence, evade and dispose of asbestos waste, conceal documents and other similar tactics have been exposed by the courts, resulting in several RICO convictions for plaintiffs and defendants alike.
The Second Case
Despite asbestos companies being aware of the dangers of their products for decades and decades, they put profits ahead of safety. Workers were bribed to keep secret about asbestos-related illnesses, such as mesothelioma. When the truth finally came out in the end, tens of thousands victims were awarded damages in mesothelioma lawsuits.
In 1973, one case ignited a firestorm of litigation across the country. In the next three decades, tens and thousands of asbestos lawsuits have been filed. Many of these asbestos lawsuits were filed in the state of Texas which had favorable laws governing asbestos litigation.
The 1973 court decision in Borel v. Fibreboard Paper Products Corp.1 established that asbestos lawsuit attorney defendants could be held liable for damages if they negligently exposed a person to asbestos and the person developed 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 which continues to this day.
The case also set a new bar for asbestos victims which allowed them to seek all damages from only one of their employers, instead of several. Insurers quickly realized the potential of this legal strategy and began to employ tactics to reduce their exposure.
These cynical tactics included altering the definition of "exposure" in order to limit their liability. They also began to argue that the mere presence 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 every year. In certain instances these cases, the plaintiffs are suing the use of talcum powder, which is a source of asbestos fibers that naturally occur. These cases typically involve women who were diagnosed with mesothelioma using talcum powder during the 1970s and 80s.
In the last quarter of 2016, a reporter from the Dallas Observer, Christine Biederman, asked a judge to release the transcript of Budd's deposition testimony regarding the coaching memo. Biederman was hoping that the testimony could provide insight into Baron and Budd's role in the mesothelioma defense strategy however, the trial court denied the request.
The Third Case
Asbestos-related lawsuits exploded in following the Borel decision in 1973. The litigation inferno raged for a number of years. Many victims suffered from mesothelioma and other asbestos-related diseases. The majority of cases were filed in Texas due to favorable laws, and also because asbestos companies had their headquarters there.
The defendants fought the plaintiffs' claims. They employed scientists to study and publish papers that bolstered their defenses. They also manipulate employees, paying small amounts to keep their health concerns quiet and encouraging them to sign confidentiality agreements.
These strategies worked for a time. But the truth came out in the latter part of the 1970s when lawyers representing the victims exposed the Sumner Simpson papers and the inhumane behavior 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 began to limit the number of clients they took on. The Kazan Law firm focused on representing a smaller number of seriously ill workers who had medical evidence of exposure to asbestos.
Lawyers fought back against asbestos companies' efforts to limit their liability. They won a number important legal rulings, including Force v. Director, OWCP (938 F.2d 981). This case proved that the duty to warn was applicable not just to specific products, but also to industrial premises in which asbestos was present. The duty to warn was later confirmed in the case of Jeromson v. Thompsons Solicitors (unreported).
In the early 1980s, a number of the largest asbestos cancer lawsuit producers declared bankruptcy. This allowed them the opportunity to reorganize themselves in court and Asbestos cancer Lawsuit Mesothelioma Settlement put money aside for the future asbestos-related liabilities. Unfortunately, bankruptcy trusts put by these companies continue to have to pay for asbestos-related damages.
Defendants also tried to use the exposure-equals-causation rule as a defense in asbestos lawsuits. To prove exposure, it was necessary to prove that the victim worked on a site where asbestos was utilized. This affected the legal process and made it easier for plaintiffs' lawyers to identify their clients who were asbestos exposure lawsuit-containing products. This new rule was the reason for Baron & Budd’s "coaching memo".
The Fourth Case
Clarence Borel's victory led to the victories of other asbestos cancer lawsuit mesothelioma settlement victims. However, asbestos companies began to fight back in order to defend their profits. They began attacking victims on many different fronts.
One strategy involved attacking the evidence of victims. They claimed that the victims' illnesses were caused by multiple exposures to asbestos by many employers and not a single exposure. This was because the companies employed asbestos in a variety of their products, and each product had its particular asbestos exposure risks. This was a major attack on mesothelioma victims' rights because it required them to disclose all asbestos-exposured employers.
The defendants also began attacking plaintiffs over compensation damages. They argued that the amount awarded to asbestos victims was unreasonable and not proportional to the injuries that each victim suffered. Asbestos victims demanded compensation for their emotional, financial and physical injuries. This posed a major challenge to the insurance sector, as each company was required to pay out large sums of money to asbestos sufferers even if they did not cause their asbestos illness.
Insurance companies also tried to restrict asbestos victims' rights to receive compensation, arguing that their employer's insurance coverage was sufficient at the time of the mesothelioma's development. Medical evidence indicates that there is no safe asbestos exposure level and that symptoms of mesothelioma usually appear 10 years after exposure.
Lawyers who specialize in this type litigation have launched one of the most damaging attacks on asbestos victims. They gathered groups plaintiffs and filed them in bulk hoping to overwhelm court system. They also developed a method for secretly coaching their clients to focus on specific defendants, and they were often paid by the asbestos companies they targeted.
Although some cases were brought to trial, many victims reached agreements with asbestos companies prior to or during the trial. A settlement involving asbestos is a deal between the victim and the asbestos company to stop the legal claim to 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.
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