Asbestos Lawsuits
The EPA prohibits the manufacturing, importation, processing and distribution of many asbestos-containing products. However, asbestos-related claims remain on the court dockets. Several class action lawsuits against asbestos manufacturers have also been filed.
The AHERA regulations define"a "facility" as an installation or collection of buildings. This includes homes that were demolished or renovated as part of an installation or project.
Forum shopping laws
Forum shopping occurs when a litigant seeks dispute resolution at a court or jurisdiction that they believe will offer the best chance of a favorable outcome. This can happen between different states or between federal courts and state courts within the same country. It can also occur between countries that have different legal systems. In certain cases the plaintiff could use forum shopping to obtain more compensation or speedier resolution of the case.
The practice of forum shopping isn't just detrimental to the litigant, but to the judiciary system. The courts should be able to decide if a case is valid and then decide on the case in a fair manner without being clogged up by unnecessary lawsuits. When it comes to asbestos this is particularly important, as many sufferers are suffering from long-term health issues due to their exposure to the harmful substance.
In the US the majority of asbestos was banned in 1989 however, it's still used in countries such as India where there is little or no regulations on how asbestos is treated. The government's Centre for Pollution Control Board has been unable to apply the most basic safety guidelines. Asbestos is still being used in the manufacturing of wire cords, cement asbestos cloths, gland packings, and millboards.
There are a myriad of factors that contribute to the widespread use of this hazardous material in India as well as poor infrastructure, inadequate training and a lack of respect for safety regulations. The most important problem is that the government does not have a central system to control asbestos production and disposal. It is hard to identify illegal asbestos sites or stop asbestos from spreading without an agency that is centrally monitored.
Forum shopping isn't just unfair to the defendant, it can also have a negative effect on asbestos law, as it can dilute the value of claims of victims. Plaintiffs can choose a forum despite knowing asbestos' dangers, based on their potential to win a large settlement. Defendants can counter this by employing strategies to stop forum shopping, or trying to influence the selection of the forum themselves.
Limitation of time statutes
A statute of limitations is a legal term that defines the amount of time in which a person has the right to seek compensation for injuries sustained due to asbestos exposure. It also defines how much compensation a victim is entitled to. It is vital to submit a lawsuit within the timeframe specified by the statute of limitations or the claim could be dismissed. A court could also deny compensation to the claimant in the event that they do not act promptly. The statute of limitations for each state may differ.
Asbestos exposure can trigger serious health problems such as mesothelioma, lung cancer and asbestosis. Inhaled asbestos fibers become trapped in the lungs, and may cause inflammation. This inflammation can lead to scarring of the lungs, called plaques in the pleura. Pleural plaques, if left untreated can develop into mesothelioma. This is a fatal form of cancer. Inhaled asbestos may also cause damage to the heart and digestive system of a person, resulting in death.
The final rule of the EPA on asbestos, released in 1989, prohibited the importation, processing, and manufacturing of most asbestos-based products. However it did not ban the use of chrysotile as well as amosite in some applications. The EPA rescinded the ruling but asbestos-related illnesses remain dangerous to the general population.
There are a number of laws aimed at reducing exposure to asbestos and compensate people suffering from asbestos-related diseases. These include the NESHAP regulations that require regulated entities to notify the appropriate agency prior to any work of demolition or renovation on buildings that have a certain amount of asbestos or asbestos-containing material. The regulations also define the procedures to be followed when removing or renovating of these structures.
Some states have also enacted laws that limit liability for companies (successors) that buy or merge with asbestos companies. Successor liability laws permit successor companies to avoid
asbestos litigation liabilities of their predecessors.
Sometimes, large awards draw plaintiffs from outside the state. This can cause the court dockets to become clogged. Some states have passed laws that restrict plaintiffs from outside of state from bringing cases within their jurisdiction.
Punitive damages
Asbestos suits are usually filed in jurisdictions that permit punitive damage. These damages are meant to penalize defendants for their reckless disregard for the law and malice. They also serve as a deterrent to other companies who may be tempted to put their profits over the safety of consumers. In cases involving large corporations, such as asbestos producers or insurance companies in general, punitive damages will be awarded. These kinds of cases typically require experts to testify that the plaintiff was injured. Furthermore, these experts must have access relevant documents. They should also be able to demonstrate the reason why the company behaved in a certain manner.
A recent decision in New York has revived the possibility of seeking punitive damages in
asbestos litigation. This isn't something that all states have the ability to do. In fact, several states including Florida have restrictions regarding the ability to collect punitive damages in mesothelioma cases and other asbestos-related claims. Despite these restrictions, a lot of plaintiffs are still able resolve or win their cases for six figures.
The judge who decided on this issue argued that the current system of
asbestos litigation was biased towards plaintiff lawyers. She also said she was not convinced it was fair to penalize companies for wrongs committed decades ago. The judge also argued her ruling would prevent certain victims from receiving compensation, but that it was necessary for a court to ensure fairness.
A large portion of plaintiffs in New York have suffered from mesothelioma, lung cancer and other respiratory illnesses caused by exposure to asbestos. The lawsuits are based upon allegations that defendants acted negligently in handling asbestos and failed to divulge the risks of exposure. The defendants have argued that courts should limit the amount of punitive damages since they are disproportionate to the conduct that led to the claim.
Asbestos lawsuits are complex and have a long track record in the United States. In certain instances, plaintiffs seek to sue several defendants alleging that they all contributed to the damages. Asbestos lawsuits can also be associated with other types of medical malpractice such as inability to diagnose and treat cancer.
Asbestos tort reform
Asbestos is made up of fibrous minerals which are found in nature. They are strong, durable resistant to heat as well as fire thin, and flexible. Through the 20th century, they were used to create many different products, including insulation and building materials. Asbestos is so dangerous that state and federal laws were passed to restrict its use. These laws include restrictions on the areas where asbestos can be used, the kinds of products can be made with asbestos and the maximum amount of asbestos that can be released into the air.
