Reading Room

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.

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.  

Industrial Disease: The Quest for Recognition--The Need for Adequate Benefits

Workers' Compensation Occupational Disease Benefits

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The concept of a compensable industrial disease has developed only recently and its acceptance has lagged far behind that of industrial accidents. The original Workers' Compensation Acts, as promulgated from the year 1911 forward by many of the states, did not provide for the recognition of occupational illness and disease as compensable events. As demands have been placed upon the medical system to treat and to prevent occupational illness, the legal system, under social, economic, and political pressure, has sought to provide a remedy for the thousands of injured workers who have suffered and who are continuing to suffer from occupational illness and disease. 

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1.973.696.7900
jon.gelman@gmail.com