Texas Asbestos Lawsuit History
Many companies have been bankrupt because of the asbestos lawsuits filed by the victims. A mesothelioma attorney can help you get compensation.
Experts in the field of health have warned for decades about the dangers asbestos exposure. However, the industry's leaders hid the risks. As time went on, asbestos-related diseases were becoming more prevalent.
The Third Case
Asbestos lawsuits really began to gain momentum in the 1970s after research studies began to link asbestos with serious diseases like asbestosis and mesothelioma. Tens of thousands of suits were filed as these diseases don't usually manifest for years after exposure. These lawsuits were filed in Texas because of its favorable laws.
Johns Manville was the leading producer in the 1940s and 1950s of asbestos-related products. This case had a major impact on asbestos litigation. In the 1980s it was discovered that Lewis Brown, the CEO of the company, put company profits before the health and safety of his employees. Deposition testimony revealed that Brown was heavily influenced by the company's chief medical advisor Dr. Russell Budd. Budd was an expert in his field who was known for his indifference to the health of employees.
Johns Manville was found to have known about the dangers associated with asbestos however, they did not take any action to protect their workers. The court decided that the company was liable for the injuries suffered by workers who later developed mesothelioma or other asbestos-related diseases. The court also determined that the company was responsible for the families of deceased workers.
Following the decision in Borel many asbestos-related victims and their families demanded compensation from the companies that made use of asbestos as a material. Unfortunately, most of these claims were denied due to different reasons. A few cases were allowed to proceed and the courts came up with guidelines that have governed the handling of asbestos-related lawsuits.
In the 1990s, asbestos defendants were still seeking legal rulings that would limit their liability. They wanted to be able to argue that asbestos materials were not part of their product, and therefore they shouldn't be held responsible for injuries incurred by those who employed with asbestos. Newark asbestos attorney were rejected and the U.S. Supreme Court rejected the "asbestos products" defense.
Federal and state laws protect the rights of a mesothelioma patient to seek compensation for their illness from the parties responsible in a particular case. However insurance companies continue fight these claims tooth and nail.