Mesothelioma Lawsuit History

There is a long history of lawsuits related to mesothelioma. The first mesothelioma-related asbestos lawsuit was filed in the United States in 1966. Although this case was lost, another mesothelioma lawsuit was filed immediately for a co-worker of the first plaintiff. This landmark case was won, and the plaintiff was awarded $80,000.

Further mesothelioma lawsuits were filed during the succeeding years. The conspiracy to hide the dangers of asbestos from employees began to unravel, and fraud of massive proportions was uncovered. Executives and managers knew of the link between mesothelioma and asbestos for many years but purposely hid these dangers from their employees.

Mesothelioma Fraud and Conspiracy

In 1978, a deposition was taken in which an asbestos plant manager divulged that the policy in the company was not to discuss chest findings or other medical results suggesting a relationship between asbestosis or mesothelioma. It was known as the "hush hush" policy. During this time a number of documents emerged clearly demonstrating fraud and conspiracy. The documents showed that as early as the 1930s, companies had made direct efforts to hide the hazards of asbestos.

Since fraud and conspiracy were clearly part of the strategy of these companies, the extent and latitude of the mesothelioma litigation took on a new perspective. The plaintiffs could expect to receive much larger sums from the mesothelioma lawsuits due to the punitive nature of the verdicts.

Now many of the asbestos companies have declared bankruptcy, but the courts have set aside sums of money for persons who have been damaged by the fraud and conspiracy surrounding this deadly disease.



Increase in Cases

The court systems have seen a steady rise in the number of cases brought before them for mesothelioma litigation. Since 1994, this area of law has doubled the amount of civil lawsuits on the court docket. The claims have also increased each year for mesothelioma litigation.

Mesothelioma litigation falls under the category of asbestos litigation. Malignant mesothelioma is a rare cancer whose only known cause is asbestos exposure. Asbestos litigation involves all the different kind of injuries incurred as a result of asbestos exposure.

Asbestos was one of the first airborne contaminants to be regulated as part of the Clean Air Act in 1970. Product manufacturers knew the health hazards associated with asbestos exposure long before the harmful mineral was regulated; as far back as the 1930's. In fact the ancient Romans and Greeks also recognized that asbestos caused lung disease. Asbestos product manufacturers around the world refused to protect their consumers or employees, despite overwhelming evidence of asbestos hazards presented over the years. It has made such companies liable for any asbestos-related health problems caused as a result of their actions to hide their knowledge, and inactions in taking measures to protect workers and consumers.

There has been a steep rise in asbestos litigation in the last thirty years, allowing lawyers and firms to specialize exclusively in asbestos-related cases. Asbestos litigation is premised upon the liability of manufacturers of asbestos and asbestos products, for the harm caused by exposure to these products. It was once thought that asbestos litigation had peaked, but because thirty or more years can pass before the asbestos-related diseases manifest a large number of new cases are filed each year.

Asbestos litigation falls into a category of tort law (civil law) because it provides a remedy to parties injured as a result of asbestos exposure. A law firm or attorney associated with this type of litigation must have an expert understanding of asbestos and asbestos-related diseases. The must be able to discuss in great detail the medical aspects of the case in court, often cross examining doctors. Due to the long latency period between asbestos exposure and contraction of asbestos-related diseases, claimants are often unsure of when, where, and how they came in contact with this dangerous fibrous mineral. Asbestos lawyers are responsible for pinpointing the source of the exposure and bringing all liable parties to account.

Mesothelioma lawsuits are part of asbestos litigation that began shortly after asbestos was regulated in 1970. These lawsuits provided a way for sufferers of mesothelioma, asbestosis and other diseases to receive compensation from the parties responsible for their asbestos illness.

An attorney handling a mesothelioma lawsuit case is a specialized asbestos lawyer whose focus is mesothelioma litigation. They must show a link between asbestos exposure and an injury suffered by the victim. Mesothelioma lawyers help determine all parties liable for contracting malignant mesothelioma in addition to locating the source of asbestos exposure. This is a difficult task considering the fact that malignant mesothelioma is a disease that can take anywhere from 30 to 50 years to develop and become symptomatic.

Lawsuit Compensation

A number of factors determine the amount of mesothelioma compensation, some of which include medical expenses incurred, pain and suffering, lost wages, state law, and the parties responsible for putting the workers at risk. Studies concluded the eventual cost of litigation would exceed 200 billion dollars in the United States. Settlements out of court are often made to avoid the possibility of high mesothelioma compensation rulings and these settlements often run into the millions of dollars.

Many in the legal industry believe that a global settlement model is needed to ensure future mesothelioma claimants are able to receive compensation for their suffering. Before 2006 Congress was considering the Fairness in Asbestos Injury Resolution Act (FAIR), legislation prompting the establishment of a 140 billion dollars mesothelioma compensation trust through which victims receive resolution for their pain and suffering. The FAIR act evolved from previous attempts at setting up a trust fund, all of which failed due to the inability of defendant corporations, insurance companies, and claimant attorneys to reach an acceptable compensation structure. Unfortunately the FAIR act failed to get anywhere in Congress. As of May 2008 there are no ongoing attempts to remedy this situation.

History of Auctions

It seems that auctions have touched almost every century, every industry and every nationality – this list I gave you was just a small sample. Auctions date back so far in history, that no one really knows for sure how they started or who started them.

The First Auctions

Records handed down from ancient Greek scribes document auctions occurring as far back as 500 B.C. At that time, women were auctioned off as wives. And, in fact, it was considered illegal to allow a daughter to be "sold" outside the auction method.
A "descending" method was used for these auctions, starting with a high price and going lower until the first person to bid was the purchaser, as long as the minimum price set by the seller was met. The buyer could get a return of money if he and his new spouse did not get along well, but unlike a horse, maidens could not be "tried" before auction.


Women with special beauty were subject to the most vigorous bidding and the prices paid were high. Owners of the less attractive women had to add dowries or other monetary offers in order to make the sale.
In Rome, Italy, around the time of Christ, auctions were popular for family estates and to sell war plunder. Roman Emperor and philosopher Marcus Aurelius sold family furniture at auctions, for months, to satisfy debts.
Roman soldiers sold war plunder at auction. The licensed auctioneer, called "Magister Auctionarium," drove a spear into the ground to start the auction. Today we use an auction gavel.


Auctions Come to America

American auctions date back to the Pilgrims' arrival on America's Eastern Shores in the 1600s and continued in popularity during colonization with the sale of crops, imports, clapboard, livestock, tools, tobacco, slaves and even entire farms. Selling at auction was the fastest and most efficient means to convert assets into cash.
Fur was especially big during this time. In his book, "Going, Going, Gone!," Bellamy Partridge says "the Bible and the beaver were the mainstays of the Pilgrims, the Good Book saving their souls and the beaver paying their bills."
Initially, the furs were collected from Native Americans in the fall and winter, utilizing the "private treaty" method of exchange for "wampum" (the Native American word which meant money). The raw pelts (or hides) were transported to the closest shipping port. In the spring of each year, the auction method was used to sell the raw peltries to the European merchants who arranged the transcontinental voyage to the Old World. Once the ships returned to the port in Europe, the peltries were auctioned to manufacturers, who would process them for the retail market. The early fur trade was chiefly responsible for the settlement and development of North America.