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Asbestos Lawsuits The EPA has banned the manufacture and importation, as well as the processing of the majority of asbestos-containing products. However, asbestos-related claims remain on court dockets. A number of class action lawsuits involving asbestos manufacturers have been filed. The regulations of AHERA define”a “facility”, as an installation or collection of buildings. This includes homes that are destroyed or renovated as part of a project or an installation. Forum shopping laws Forum shopping is the process of a litigant seeking dispute resolution from a court (jurisdiction) which is believed to give the highest chance of a favorable outcome. This can happen between different states or between federal courts and state courts of the same country. This may also happen between countries that have different legal systems. In certain cases the plaintiff could engage in forum shopping to get greater compensation or a faster resolution of the case. Forum shopping is harmful not only to the litigant, but to the justice system. The courts must be able to decide if a case is valid and be able to adjudicate the case fairly without being clogged up by unnecessary lawsuits. This is especially important when it comes to asbestos because many victims suffer long-term health issues as a result of their exposure. In the US the majority of asbestos was banned in 1989, but it continues to be employed in countries such as India in which there is little or no regulation of how asbestos is handled. The government's Centre for Pollution Control Board has been unable to implement basic safety rules. Asbestos continues to be used in the manufacturing of cement, wire ropes, asbestos cloth millboards, gland packings insulation, and brake liner. There are a myriad of reasons for the prevalence of this hazardous material in India. This includes a lack of infrastructure, a lack training and a disregard of safety guidelines. The government lacks a centralized monitoring system for asbestos production and disposal. This is the largest problem. It is difficult to find illegal sites or prevent asbestos from spreading without an agency that is centrally monitored. Forum shopping is not just unfair to the defendant, it can also have a negative effect on asbestos law since it can dilute the value of claims of victims. Despite the fact that plaintiffs are generally aware of the dangers of asbestos, they may choose one of the jurisdictions because of the likelihood of obtaining a large settlement. Defendants may combat this by employing strategies to avoid forum-shopping or even trying to influence the choice themselves. Limitation of time statutes A statute of limitations is legal term that defines the time period in which a person is able to claim compensation for injuries resulting from asbestos exposure. It also specifies how much compensation a victim is entitled to. It is vital to bring a lawsuit within the statute of limitations or the claim could be dismissed. A court may also deny compensation to the claimant when they fail to act promptly. The statute of limitations for each state may differ. Asbestos can cause serious health issues, including lung cancer and asbestosis. Inhaled asbestos fibers become trapped in the lungs and cause inflammation. This inflammation can cause scarring of the lungs, which is known as Pleural plaques. Pleural plaques, left untreated can develop into mesothelioma. This is a deadly form of cancer. Inhaling asbestos can also cause damage to a person's digestive system and heart and cause death. The final regulation of the EPA on asbestos, which was published in 1989, banned the importation, processing, and manufacture of many asbestos forms. However, it did not ban the use of chrysotile as well as amosite in certain applications. The EPA has since rescinded the ruling, but the asbestos-related diseases that result from exposure to asbestos are still a threat to the general population. There are a variety of laws that seek to reduce exposure and compensate those suffering from asbestos-related illnesses. The NESHAP regulations require that regulated entities notifying the appropriate agency prior to any demolition or renovation work on structures that have a certain amount of asbestos or asbestos containing material. The regulations also specify the practices to be followed when demolish or renovating these structures. Several states have also passed legislation that limits liability for companies (successors) who purchase or merge with asbestos companies. Successor liability laws permit successor companies to shield themselves from asbestos liability of predecessor companies. Large-scale case awards can draw plaintiffs from other states which can cause delays in court dockets. To combat this, a few jurisdictions have adopted forum shopping laws to prevent out-of-state plaintiffs from pursuing claims within their local jurisdiction. Punitive damages Asbestos suits are often filed in jurisdictions that allow punitive damages. These damages are intended to punish defendants for reckless disregard for the law and malice. These damages can be used to discourage other companies from placing profits ahead of consumer safety. Punitive damages are usually awarded when cases involve large corporations, such as asbestos manufacturers or insurance companies. In these kinds of cases expert testimony is typically required to show that the plaintiff sustained an injury. oakland asbestos attorney must also be able to access relevant documentation. In addition, they must be able to explain why the company acted in this manner. A recent decision in New York has revived the possibility of pursuing punitive damages in asbestos lawsuits. This is not a practice that all states have the ability to do. A number of states, including Florida have limitations on the ability of mesothelioma and other asbestos-related claims to claim punitive damages. Despite these restrictions, many plaintiffs are still able to win or settle cases for six figures. The judge who ruled on this issue said that the asbestos litigation system in place today was biased in favor of plaintiff lawyers. She also said she was not convinced that it was fair to punish companies for wrongs committed decades ago. The judge also claimed that her ruling would block certain victims from receiving compensation but it was necessary for a court to protect fairness. Many of the plaintiffs from New York have mesothelioma and lung cancer caused by asbestos exposure. The lawsuits are based upon allegations that defendants acted negligently in handling asbestos and failed to expose the risks of exposure. Plaintiffs have argued that courts should limit the granting of punitive damages because they are not proportional to the conduct that gave rise to the claim. Asbestos lawsuits are complicated, and they have a long-standing history in the United States. In certain cases, plaintiffs are suing multiple defendants and claim that they all contributed to their injuries. 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 comprised of fibrous minerals which are found in nature. They are incredibly thin, flexible as well as fire and heat resistant sturdy, tough and long-lasting. They were used in a wide variety of items, including building materials and insulation, throughout the 20th century. Asbestos is so dangerous that federal and state laws were enacted to restrict its use. The laws limit the areas where asbestos can be used as well as the types of products that contain asbestos, and how much asbestos can be released in the air. These laws have had an important impact on the American economy. In the end many businesses have been forced to shut down or lay off employees. Asbestos tort reform is a complicated issue that affects both plaintiffs as well as defendants. Lawyers for plaintiffs have argued that asbestos lawsuits should only be filed by those who have suffered serious injuries. To determine who is seriously hurt the plaintiff must establish causation. This can be a challenge. This kind of negligence is usually the most difficult to prove, and requires evidence like the frequency of exposure, the duration of exposure and proximity to asbestos. Defense lawyers have also sought their own solutions to the asbestos problem. Many have utilized bankruptcy law to settle asbestos claims in an equitable and fair way. The process involves establishing an trust, which all claims will be paid. The trust could be financed by asbestos defendants' insurers or other funds. Despite all efforts the bankruptcy process has not completely eliminated asbestos litigation. In recent times, the number of asbestos-related cases has grown. The majority of these cases are related to lung diseases that are believed to be caused by asbestos. Asbestos litigation was once restricted to a few states. These days, cases are being filed across the country. A lot of these cases are filed in courts that appear to be pro-plaintiff. some lawyers have even resorted to forum shopping. In addition, it has become increasingly difficult to find expert witnesses with a solid understanding of historical information particularly when the claims are years old. To limit the negative impact of this trend, asbestos defendants have attempted to limit their liability via consolidation and transfer of their past liability, insurance coverage, and cash to separate entities. These entities are then accountable for the ongoing defense and administration of asbestos claims.