The class-action lawsuit against the asbestos industry is finally headed to trial. It’s a big deal for mesothelioma victims, though not necessarily for you.
The plaintiffs are asking a judge to certify that asbestos is a known cause of cancer (you can read more about what that means here). In order to do so, they need to prove that exposure to asbestos at work is causally linked with mesothelial cancer, which causes most of the cases of mesothelioma.
This will be their first chance at doing exactly that. To learn more, read the news release or listen to the radio report on this topic here.
What is a Class Action Lawsuit?
A class-action lawsuit is basically a lawsuit brought by many people against a large, well-known company. The goal of this suit is to force the company to pay for all of the damages that can be proven for a particular scenario (usually related to a specific product or service).
The purpose of this section is not to give legal advice, but it does give an overview of the case in general.
Class actions are becoming more common in the tech industry and there are many different types of class actions that you can be involved in:
- A subclass class action
- A cross-claim class action
- The counterclaim class action
- A representative class action (also sometimes called “lead plaintiff”)
- An appellant class action (also sometimes called “appeal”) This post will focus on the subclass and cross-claim classes only.
There are several reasons why they have become more popular in recent years:
- 1. Increased liability
- 2. More stringent regulations
- 3. General public awareness
- 4. New technology
- 5. Federal legislation
- 6. Changes in the law
- 7. Scams
- 8. Geeks
- 9. Spam
Class Action Lawsuits Mesothelioma
Michael P. Fox’s story is well-known, but not to everyone. This book tells his story and the stories of many other people living with mesothelioma who are fighting for justice.
The book starts with a discussion of the Mesothelioma Foundation and its mission, and ends with a chapter on how to find a lawyer to help you in your class action lawsuit mesothelioma class action lawsuit mesothelioma
Themeso is a word that describes two very different things. The first form of mesothelioma is lung cancer; it is called the “mesothorax” because it occurs in the middle of the chest, where most lungs are located. The second form of mesothelioma is not lung cancer at all; it has become known as “semi-diametral bone flaking” because it happens on both sides of a body part (such as the radius bone in the hand).
There are many different forms of septum fractures that can occur anywhere along one or both sides of a bone. Many doctors refer to these injuries as “septum clefts”, but others use more descriptive terms such as “septal fractures”. Many patients who have this type of injury will also have other types (such as femur fractures) but almost no one has septal fractures on only one side (they usually occur along both sides). These injuries often result from trauma or an accident, such as falling down while jogging or being hit by an automobile while riding your bicycle without wearing proper bicycle equipment.
A variety of conditions may cause an injury like this (such as infections like osteomyelitis), but these conditions tend to be relatively rare and tend to be associated with very long recovery times (usually months or even years).
People who have been injured by septal fractures develop some kind of scar that may or may not heal over time due to factors including age, medications, and the kind and quality of their wound care therapy. If all treatment options fail in response to these injuries, people will often resort to surgery(which may involve removing part or all parts) for treatment options available at any hospital across many countries (including ours!). Unfortunately over time scars from septal fractures can grow into larger and larger areas until they eventually turn into large holes through which air can leak.
Who Can File a Class Action Lawsuit?
We’ve seen a number of class-action lawsuits recently, most notably in the case of Mesothelioma. A class-action lawsuit is a lawsuit in which ordinary people join together to seek relief on behalf of a group of people who have suffered because they contracted mesothelioma (the same kind of cancer that can be caused by exposure to asbestos) or other diseases caused by asbestos. The usual way is through a class-action suit against a producer (a person or company that makes, makes or sells asbestos) or distributor (a person or company that sells asbestos).
What are the Different Types of Class Action Lawsuits?
Mesothelioma is a form of cancer that affects the lungs and can lead to death. Most mesothelioma patients die within two years of diagnosis, but most cases are fatal within 9 months. Most conventional treatments do not work and some mesothelioma patients have to live with their disease for the rest of their lives.
A class action lawsuit is a civil action in which an entire class (the named plaintiffs) enforces their rights using a legal system that has been designed for very specific situations. In other words, it is not just for people who have been diagnosed with cancer as a whole. Class actions are often used in situations where there are several parties to the litigation (e.g., automobile manufacturers in motor vehicle accidents).
Class actions are used when a large number of people have suffered from the same problem or injury, and have brought the claim on behalf of the whole class. It is also used when the injuries caused by a particular product or service are so widespread that everyone who has ever purchased it can be considered part of the class action, although this will likely be less true with regard to products distributed through multiple channels (e.g., Apple’s App Store).
There are several different kinds of class-action suits:
This is where one plaintiff sues on behalf of all the people in the class. In such cases, the parties usually settle all the claims out of court before going to trial. The settlement amounts may be low, and there may be no provision for attorneys’ fees, and thus little chance for recovery if you win. Some states also allow plaintiffs to sue corporations (they don’t call this one “corporate class action”).
This type includes cases where only some members are able to sue because they have been injured by someone else selling asbestos, but not necessarily by the same manufacturer. Such suits typically involve liability on the part of both manufacturers and distributors and are much more common in certain states than others. For example, California allows plaintiffs to sue manufacturers but not distributors; Illinois allows plaintiffs to only sue distributors, and Georgia allows only manufacturers but not distributors while allowing a limited form of indirect action as well.
Corporate Class Actions
In such suits, all those who can bring suit do so together on behalf of all the entities that made or sold asbestos for use or sale in their state(s). Such actions are common enough that Congress has enacted some federal rules governing them (e.g., under Title III).
Class Actions Suits Against Corporations or Employers
In 2015, Microsoft Corporation (MSFT) and a group of shareholders filed a class-action lawsuit against the company for failing to disclose that an engineer had been diagnosed with mesothelioma.
The suit alleges that MSFT has failed to adequately warn employees about the dangers of working with asbestos.
In 2012, the Supreme Court ruled that asbestos victims have the right to sue for a monetary award.
In its decision, the court ruled that Congress did not intend for workers to be “locked into” jobs where they might inhale asbestos dust while they worked with it in factories, mines, or other workplaces.
The decision was seen as a victory for asbestos victims and employers alike, who were able to assert claims against companies without fear of being saddled with large legal expenses. It also gave individual workers their day in court. Many employees who survived mesothelioma after working at coal mine sites and other workplaces where there was high exposure to asbestos may have been unaware of the dangers and had no way of suing their employers.
In 2013, Microsoft settled with former employees in an amount estimated at $1 billion for failing to warn them about possible long-term health risks from exposure to asbestos. The company agreed not to claim federal tax deductions on employee compensation over $400,000 and paid $100 million in cash bonuses over three years; two former executives were fired in connection with the case, and two others were demoted or fired.
The settlement represented one of several suits filed by former employees against Microsoft alleging underpayment of medical bills and failure by management not to deliver on promised benefits. A number of similar suits were dismissed by courts due to lack of merit. In addition, many other lawsuits against Microsoft were withdrawn, while still others were dismissed by courts due to lack of merit. When these cases wound their way through various courts around the country non-disclosure agreements between affected parties had expired.
Microsoft’s actions are surprising because most people I talk to about this don’t know anything about this case but most think it’s a big deal because it could have huge implications for people who worked on Windows XP systems based on XP/Vista/7. If you are one of those people you should read this post. If you are not one of those people then please don’t worry about it because we’re going straight into business as usual now but if you are one then please read on…