For decades, asbestos exposure has devastated the lives of thousands of Americans who were unaware of the deadly health risks they faced while working with or around asbestos-containing products. The fight for justice in courtrooms across the country has led to landmark mesothelioma lawsuits that fundamentally changed how asbestos is regulated and how victims are compensated. If you or a family member has been diagnosed with mesothelioma from asbestos exposure, understanding the legal precedents may help you navigate your own path toward justice and compensation.
At The Williams Law Firm, P.C., we have never lost a mesothelioma case. Our legal team, led by founding partner Joseph P. Williams, has more than 30 years of experience representing individuals diagnosed with asbestos-related diseases. We understand the historical and legal context of asbestos litigation and use this knowledge to fight for maximum compensation for our clients.
The watershed moment in asbestos litigation came in 1969 with the case of Borel v. Fibreboard Paper Products Corporation. This landmark lawsuit forever changed how courts would view asbestos manufacturers’ liability.
In 1969, Clarence Borel, an industrial insulation worker, filed a lawsuit against multiple asbestos manufacturers after being diagnosed with asbestosis and mesothelioma. His case made history when the Fifth Circuit Court of Appeals ruled in 1973 that asbestos manufacturers could be held strictly liable for injuries caused by their products, even if they weren’t the direct employer of the affected worker.
The court’s groundbreaking decision established three critical precedents:
This ruling opened the floodgates for asbestos and mesothelioma litigation across the country. According to the RAND Institute for Civil Justice, over 730,000 people had filed asbestos claims in the United States by 2002, with total costs exceeding $70 billion.
As the number of asbestos lawsuits grew exponentially in the 1980s and 1990s, the legal landscape evolved to address the overwhelming volume of cases.
Perhaps the most significant corporate casualty of asbestos litigation was the Johns-Manville Corporation. Once America’s largest asbestos manufacturer, the company filed for bankruptcy protection in 1982 despite being financially solvent at the time.
This unprecedented strategic bankruptcy led to the creation of the first asbestos trust fund in 1988. The Manville Personal Injury Settlement Trust established a new model for compensating victims while allowing companies to survive financially:
This model has since been replicated by dozens of other asbestos companies facing massive liability, creating a parallel compensation system outside of traditional litigation.
As courts struggled with overwhelming caseloads, new legal approaches emerged to manage asbestos litigation more efficiently.
In 1997, the Supreme Court’s decision in Amchem Products, Inc. v. Windsor significantly impacted how asbestos cases would be handled. The Court rejected a proposed global settlement that would have resolved current and future asbestos claims against multiple defendants.
The Court found that the interests of currently injured plaintiffs conflicted with those of exposure-only plaintiffs who had not yet developed symptoms. This ruling:
This decision ultimately led to more localized consolidation efforts and strengthened the importance of individual representation for mesothelioma victims.
A significant development in asbestos litigation has been the recognition of liability for secondary or “take-home” exposure cases.
In 2016, the California Supreme Court made a landmark ruling in Kesner v. Superior Court, finding that employers have a duty to prevent secondary asbestos exposure. The case involved a man who developed mesothelioma after being exposed to asbestos fibers on his uncle’s work clothes.
This groundbreaking decision:
To learn more about these groundbreaking cases and how they have contributed to your ability to file a claim and fight for justice, contact our mesothelioma attorney, Joe Williams, today.
At The Williams Law Firm, P.C., we understand the complex legal landscape of asbestos litigation. For over three decades, we have been at the forefront of representing mesothelioma victims, securing substantial compensation while treating each client with the compassion and individual attention they deserve. Our approach combines thorough investigation, detailed knowledge of asbestos products and exposure sites, and aggressive advocacy to achieve the best possible outcomes.
Joseph P. Williams will personally meet with you in your home to discuss your case and options. With our experience in asbestos litigation and specialized knowledge of industries where exposure occurred, we provide representation that gets results. We handle your case as our cause, not just another file on our desk. For a free consultation about your mesothelioma case, call us at (855) 575-6376 or visit our contact form.
As the founding partner of Williams Law Firm, Joseph P. Williams has dedicated over 30 years to representing mesothelioma victims and their families. His firm has recovered hundreds of millions of dollars for those affected by asbestos exposure, offering personalized, aggressive legal advocacy. Based in New York, Williams Law Firm provides free consultations and handles cases nationwide.
