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Frequently Asked Questions About Asbestos Litigation

Asbestos Litigation

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Resolution of an asbestos claim may involve several avenues: litigation (individual or consolidated with other cases), a class action, a court-approved settlement, an administrative claim or settlement, or a claim filed in bankruptcy.

For over 3 decades, Jon Gelman has represented thousands of individuals who have become ill as a result of exposure to asbestos fiber. He is the author of a nationally recognized treatise, now in its 3rd edition, on the subject. He has lectured extensively on asbestos litigation. On behalf of his clients he has successfully brought claims against the suppliers, manufacturers and health research groups of asbestos fiber and products. These types of claims are usually referred to as product liability cases.

History of Asbestos and the Law

Asbestos Litigation

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A historical review of knowledge leading up to the causal relationship between asbestos and disease.

Asbestos-related disease was reported in industry more than 70 years ago. Dr. H. Montague Murray in 1906 at the Charing Cross Hospital in London testified before a governmental commission inquiry about occupational disability that he had seen a man in 1898 who was very short of breath and who had worked in an asbestos factory. The man's lungs at autopsy were badly scarred. It was Dr. Murray's prediction that since the hazards of this exposure were now known, very few similar cases would occur in the future, and there was no need to provide compensation benefits.

California Supreme Court Allows Mesothelioma As Separate Case

Asbestos Litigation

Jon 5689

The California Supreme Court recently decided that a special statute of limitations for injury or illness caused by exposure to asbestos does not bar an action for a second disease, mesothelioma, which was diagnosed several years after the original diagnosis of a related pulmonary condition. The asbestos worker was exposed to asbestos fiber in various industrial workplaces from the early 1940's until 1963, when he became a television repairman.The California Supreme Court recently decided that a particular statute of limitations for injury or illness caused by exposure to asbestos does not bar an action for a second disease, mesothelioma, which was diagnosed several years after the original diagnosis of a related pulmonary condition.  

Caution: Workers’ Compensation Filing Affects 3rd Party Asbestos Statute

Asbestos Litigation

Jon 7354

The rules governing when a claim must be filed as a result of occupational asbestos exposure have been changed by the New Jersey Supreme Court. A signed and sworn workers’ compensation claim petition, even though unsupported by medical diagnosis, is sufficient to impute discovery of the existence of a claim and toll the statute of limitations.

Court Upholds Asbestos Award - Custodian died after exposure

Asbestos Litigation

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In a decision that could open the doors to lawsuits by employees harmed by exposure to secondhand smoke or other indirect hazards in the workplace, an appeals court Tuesday upheld benefits for a West Milford custodian who died of cancer after exposure to asbestos in a school.In a decision that could open the doors to lawsuits by employees harmed by exposure to secondhand smoke or other indirect hazards in the workplace, an appeals court Tuesday upheld benefits for a West Milford custodian who died of cancer after exposure to asbestos in a school.  

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jon.gelman@gmail.com