Celebrating 10 years! 2007-2017

Asbestos Litigation

I remember when they discovered that asbestos was bad for yo 3lol03/04/18
got to work the cases through the docket and new plaintiffs triplesix03/04/18
This isn't entirely true. It's in the sheetrock of any hous jackiechiles03/08/18
are those trust funds bottomless? triplesix03/08/18
The real asbestos cases with direct exposure are mostly sett genylawyer03/04/18
yup, this. interviewed for an asbestos defense firm before a pisces21303/05/18
Got to love the nice long ID depositions - So, you installed jd4hire03/07/18
The majesty of the law. sillydood03/09/18
Tough to break into without first working for someone becaus superttthero03/05/18
I tell you what, I’ve done depositions for Defense clients jgm6403/07/18
Asbestos litigation made a lot of partners VERY rich. It wa patenttrollnj03/09/18
The Twin Towers were built with tons of asbestos. They were bostonlawyer.203/11/18
I re-checked that article I read about asbestos and the towe patenttrollnj03/11/18
It all depends on what you get. I was brought in to help su bittersweet03/11/18
Most of these posts are full of errors and nonsense. bostonlawyer.203/11/18
3lol (Mar 4, 2018 - 12:30 am)

I remember when they discovered that asbestos was bad for you, I was in elementary school. How is it that the asbestos litigation gravy train has dragged on this long and will it ever end?

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triplesix (Mar 4, 2018 - 2:16 pm)

got to work the cases through the docket and new plaintiffs can come forward if they qualify for the class. it will end when the boomers die, same as tobacco.

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jackiechiles (Mar 8, 2018 - 5:37 pm)

This isn't entirely true. It's in the sheetrock of any house built before 1980s, so contractors doing renovations on homes built before then are likely to be exposed. Also, children of those exposed are bringing claims because their parents brought it home on their clothes and contaminated the kids.

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triplesix (Mar 8, 2018 - 5:55 pm)

are those trust funds bottomless?

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genylawyer (Mar 4, 2018 - 3:39 pm)

The real asbestos cases with direct exposure are mostly settled. What exists today are flimsy “indirect” exposure cases. They take mesothelioma patients who arguably developed the disease from other causes and find tenuous evidence that maybe they once walked past a boiler with asbestos insulation. Or maybe they worked next to a building that might have had asbestos at one point. The passing exposure must certainly have caused their lung disease. I’m not kidding.

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pisces213 (Mar 5, 2018 - 2:06 pm)

yup, this. interviewed for an asbestos defense firm before and this is what they said almost verbatim.

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jd4hire (Mar 7, 2018 - 9:12 am)

Got to love the nice long ID depositions - So, you installed brake pads in the time frame of 1962 - 1980. Now I'm going to show you pictures of brake pad packaging and please let me know if you used any of these.

So you worked on boilers in the Taft Elementary School at some point in 1972?

You used Gypsum in 1974?

Say yes to any of these and you're in for a settlement.

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sillydood (Mar 9, 2018 - 8:49 pm)

The majesty of the law.

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superttthero (Mar 5, 2018 - 2:24 pm)

Tough to break into without first working for someone because this has been going for so long that it's always the same players.

The vast majority of plaintiff's work and defendant's work is controlled by a relatively few firms (clearly, more firms exist and do pop-up in plaintiff's work) that know the cases, case law, and even discoverable materials inside and out.

I'm not saying you can't get into it.. if you're starting out, try to get a job at a plaintiff's firm. If you are an established PI guy if you can get a client you can probably find an established firm to work the case with you (depending on jurisdiction).

To add, a lot of the asbestos claims are now just treated like insurance claims. The cases for the locations in question (shipyards, construction sites, etc.) have been litigated and future claimants can't sue but are allowed to to file a claim against a court sanctioned trust (as a result of a settlement) which pays out claims according to a particular schedule. The guys that do this day in and day out have been doing it for decades.

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jgm64 (Mar 7, 2018 - 9:01 am)

I tell you what, I’ve done depositions for Defense clients in asbestos litigation and have never felt more gross in my whole life. With the way the damages models work, the amount recoverable is diminished where a claimant kicks the bucket. Considering most of these cases are a sickly claimant versus any conceivable source defendant, you can imagine the incentives...

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patenttrollnj (Mar 9, 2018 - 8:23 am)

Asbestos litigation made a lot of partners VERY rich. It was a great little "scam" while it lasted.

Ironically, asbestos itself (the actual substance) probably ended-up saving more lives than it harmed. It kept a lot of buildings from burning down, not to mention naval vessels from catching fire during battle.

Some have even theorized that the Twin Towers would have stood a bit longer during the September 11th attacks had asbestos been used in their construction, thus enabling more people to get out.

If only it didn't produce so much dust.

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bostonlawyer.2 (Mar 11, 2018 - 11:28 pm)

The Twin Towers were built with tons of asbestos. They were completed in 1969.

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patenttrollnj (Mar 11, 2018 - 11:36 pm)

I re-checked that article I read about asbestos and the towers, and it was by Fox News. So interpret that any way you wish ... lol

Regardless, the usefulness of asbestos is worth considering. If only it didn't produce so much dust.

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bittersweet (Mar 11, 2018 - 6:38 pm)

It all depends on what you get. I was brought in to help summarize some cases when some claims were taken over by another firm. Some claims seem legitimate, but some are not. Lawyers are not the only ones who were milking that cash cow. There are many doctors whose entire practice is "diagnosing" people so they have a claim, whether there is any sign of illness or not. Did you do the laundry of someone who work near asbestos for one single day? Some Dr's will call that enough exposure to send a claim through the system.

It's ridiculous.

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bostonlawyer.2 (Mar 11, 2018 - 11:29 pm)

Most of these posts are full of errors and nonsense.

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