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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 a hugely important part of our history.

A 1973 court ruling sparked an explosion of asbestos lawsuits. The cases were filed by thousands of plaintiffs who were not affected.

The First Case

The asbestos-related story began in a limestone neoclassical building located on Trade Street in Charlotte's Central Business District. In 1973 a limestone neoclassical building on Trade Street in Charlotte's Central Business District was the location of a landmark legal landmark. A retired judge was able to uncover a long-running scheme that was used to defraud defendants, and also deplete bankruptcy trusts.

Asbestos-related lawsuits have their origins in the law of tort which states that a seller or manufacturer of any product may be held liable for any harm caused by the product if the manufacturer knew or should have been aware of the dangers associated with its use. In the 1950s and 1960s, research revealed that asbestos was harmful and could cause lung diseases such as asbestosis but also a rare type of cancer known as mesothelioma. The asbestos manufacturers resisted these risks and continued sell their products.

In the 1970s, researchers had developed more accurate tests that proved the connection between asbestos and illness. This led to a dramatic increase in asbestos related lawsuits. Borel v. Fibreboard Paper Products Corp. was the first case to gain significant legal recognition. It was filed in 1969, and was ruled on in 1973.

This case was a precedent for many other asbestos cases to follow. This was the first instance in which courts ruled asbestos manufacturers guilty under strict liability. It was not necessary for plaintiffs to prove that the companies acted negligently, and it allowed victims to sue several manufacturers at once.

Texas was the next state that reached a major milestone in asbestos litigation history. In 2005, the legislature of Texas passed Senate Bill 15. Senate Bill 15 The law required that mesothelioma and other asbestos cases be determined by peer-reviewed scientific studies instead of speculation and conjecture from hired-gun experts.  mesothelioma asbestos lawsuit  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 a number of plaintiffs lawyers and their companies under RICO. It is a federal statute designed to catch those who are involved in organized criminal activity. The courts have exposed a concerted effort hide evidence, handle asbestos waste, hide documents and other similar strategies. This has led to a variety of RICO convictions, both for defendants and plaintiffs.

The Second Case

Despite the dangers asbestos products posed for decades, companies kept putting profits ahead of safety. They even paid workers to keep quiet about the dangers of asbestos-related illnesses like mesothelioma. Tens of thousands of mesothelioma patients were compensated when the truth was finally revealed.

One instance in 1973 was the spark that ignited a nation-wide litigation firestorm. In the three decades that followed there were tens of thousands asbestos lawsuits were filed. Many of these asbestos lawsuits were filed in the state of Texas, which had favorable laws regarding asbestos litigation.

The 1973 court decision in Borel v. Fibreboard Paper Products Corp.1 established that asbestos defendants could be held responsible for damages when they negligently exposed someone to asbestos, and those persons developed an asbestos-related disease. This case changed the focus of asbestos litigation away from the individual worker and towards the actions of the company. It opened the way for mass torts, which are still in force to this day.

The case also set high standards for asbestos victims. This allowed them to recover their full damages from only one employer 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 tactics included altering the definition of "exposure" in order to reduce their liability. They also began to argue that the mere presence of asbestos in the air wasn't negligent, as exposure could occur from various 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 naturally occurring in the environment. These cases usually involve women who have been diagnosed with mesothelioma because of their use of talcum powder during the 1970s and 80s.

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 provide some insight into Budd and Baron's role in the mesothelioma defence strategy. However the trial court refused her request.

The Third Case

Following the 1973 Borel decision, asbestos lawsuits began to increase in volume. The litigation firestorm raged on for a long time. Many victims developed mesothelioma or other asbestos-related diseases. Texas has favorable laws and asbestos companies have headquartered there.

The defendants fought back against plaintiffs' claims. They enlisted scientists to conduct research and publish papers supporting their defenses. They also manipulate employees by paying small amounts to keep their health concerns at bay and urging them to sign confidentiality contracts.

These strategies were effective for a while. However, the truth was revealed in the late 1970s, when lawyers representing the victims exposed the Sumner Simpson papers and the brutal conduct of asbestos company executives. Many workers were able to sue asbestos manufacturers for mesothelioma and other related ailments.

By the mid-1980s, asbestos law firms began to limit the number of clients they would accept. The Kazan Law firm focused on representing a smaller number of seriously ill employees who had medical evidence of exposure to asbestos.

Lawyers fought back against the asbestos companies' efforts to limit their liability. They won a number important legal rulings like Force v. Director OWCP (938 F.2d 981). This case established that the duty to warn was applicable not only to specific products, but also to industrial premises where raw asbestos was present. The case of Jeromson against Thompsons Solicitors was upheld later (unreported).

In the early 1980s, several of the biggest asbestos manufacturers declared bankruptcy. This allowed them to regroup through the courts and set aside funds aside to pay for future asbestos obligations. Sadly, bankruptcy trusts set up by these companies still pay asbestos-related damages.

Defendants also tried to use the exposure-equals-causation rule as a defense in asbestos lawsuits. To prove asbestos exposure it was sufficient to prove that the victim worked at a site where asbestos was used. This undermined the legal system and made it easier to identify asbestos-containing products for lawyers representing plaintiffs. Baron & Budd's "coaching memo" was the result of this new rule.

The Fourth Case

After Clarence Borel's victory, more asbestos victims were able to win their cases. But asbestos companies began to fight back to protect their profits. They began attacking victims on different areas.

One strategy involved attacking the evidence of victims. They claimed that the victims had illnesses caused by multiple exposures to asbestos by numerous employers and not just a single exposure. This was because companies employed asbestos in a variety of their products, and each product had its own unique asbestos exposure risk. This was a major attack on mesothelioma sufferers rights since it required them to identify all asbestos-exposured employers.

The defendants also began to attack plaintiffs on the issue of compensation damages. They claimed that the amount paid to asbestos victims was too high and out of proportion with the physical injuries that each victim sustained. Asbestos victims sought compensation for their financial, emotional and physical injuries. This was a major challenge to the insurance industry as it meant that every company was responsible for paying out large amounts of funds to asbestos victims even if the company did not directly cause their asbestos-related illness.

Insurers also tried to restrict the right asbestos victims to claim compensation by arguing that they weren't entitled to any damages that were beyond the amount of the liability insurance coverage provided by their employer at the time they developed their mesothelioma. Medical evidence indicates that there is no asbestos exposure limit that is safe and that mesothelioma-related symptoms usually appear 10 years after exposure.

One of the most destructive assaults on asbestos victims was from lawyers who were specialized in this kind of litigation. They gathered large numbers of plaintiffs to file cases in bulk, hoping the court system would be overwhelmed. They also devised a shady coaching system 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 trial. An asbestos settlement is an agreement between the victim and asbestos company that settles a legal claim of compensation. The settlement can be reached prior to, during or after the trial and does not have to meet the same standards as jury verdicts.