Mesothelioma Law
Asbestos laws have had a significant impact on the U.S. economy and the manufacturing industry. In 1929, the first U.S. civil lawsuit was filed against asbestos manufacturers. Since then, hundreds of thousands of asbestos claims have been filed. Claimants must prove that prove that on a more probable than not basis that their mesothelioma or other asbestos related condition was caused by asbestos exposure.
Today, asbestos litigation is the most expensive mass tort in U.S. history. More than 600,000 people have brought asbestos claims. Tens of billions of dollars have already been paid by companies that used asbestos products to victims of mesothelioma.
In the early 1980s, the number of asbestos lawsuits increased significantly. Some plaintiffs received multi–million dollar jury awards and settlements for asbestos claims. The Manville Corporation, formerly the Johns Manville Corporation, a Fortune 500 company, filed for bankruptcy protection as a result of thousands of lawsuits brought against the company related to the health effects of asbestos. Court documents showed that the corporation had a long history of hiding evidence of the harmful effects of asbestos from its employees and the public. At the time, it was the largest U.S. company ever to file for bankruptcy protection.
Asbestos law caused asbestos manufacturers to change the way they operated. Many large asbestos manufacturers diversified their products, sold off subsidiaries, produced asbestos substitutes, or started asbestos removal businesses. By the early 1990s, more than half of the top 25 largest asbestos manufacturers had filed for bankruptcy protection, which shielded them from creditors. Large companies that have seen a significant increase in asbestos litigation of late include the Ford Motor Company, the Boeing Company, Sears Roebuck & Co., and Deere & Co.
The U.S. Supreme Court has dealt with several asbestos–related cases since the 1980s. It has consistently upheld the rights of individuals to pursue asbestos claims. Two large class action asbestos settlements came before the Court in 1997 and 1999. The Court rejected both, as they would exclude future asbestos claims.
The U.S. Congress has still failed to act on a 2005 bill entitled "Fairness in Asbestos Injury Resolution Act of 2005". The Act, if passed, would establish a $140 billion trust fund for asbestos victims, but would limit employer liability. In the meantime, federal and state courts have thousands of asbestos cases on the docket.
Based on current trends, it is expected that the number of asbestos claims will continue to increase this decade, as malignant mesothelioma typically takes between 15–50 years to become evident.