Notable Mesothelioma Class Actions

Burel v Fibreboard

Lawyers filed the first Burel v Fibreboard action in 1969.These lawyers continued to appeal the case until it reached the Supreme Courtin 1973, which ruled that companies had the duties to warn consumers of anydangers their products posed and to assume product liability. Ultimately thisdecision led to asbestos product labeling and consumer safety warnings.

The United States vW.R Grace

W.R. Grace owned the asbestos mine in Libby, Montana. Itproduced vermiculite that was tainted with tremolite asbestosfrom the same mines. Not only did the processing mill release as much as 5,000pounds of asbestos per day into the air where it would drift down onto thecommunity below, it flew off from the truckloads and railcars as they moved theproduct to buyers’ sites in Canada and the U.S. Asbestos was incorporated intoproducts used in homes and gardens, and even into animal feed.

What was notable about this case is that lawyers handled itas one of the first asbestos and mesotheliomacases tried as a criminal case. The EPA did an investigation and found thatGrace had covered up facts and knowledge about the dangerous exposure anddamage its workers and the community were incurring. Charges includedobstruction of justice, fraud and violation of the Clean Air Act.

June Hancock v Turner& Newall

In 1995 a U.K. woman, JuneHancock sued nearby asbestos manufacturer J.W. Roberts and its parentcompany Turner & Newall for damages after being diagnosed withmesothelioma. Hancock never worked in the factory. Rather, she just lived nearit, played on the factory property as a child, and attended the school acrossthe road from the factory. Although her most intense exposure was during herchildhood, in the 1930s when she and her friends played with the asbestos dust, the particles were easily observed to driftout the factory windows and blow throughout her community. Her mother’s deathfrom mesothelioma in 1982 was hard enough for her to deal with, but when shewas diagnosed with it herself in 1993 she decided to pursue herprecedent-setting case. She was the first to file a claim for damages as acommunity member, not a former employee, and not a household member of anemployee. Her landmark case opened the way for others who, like her, had theirlives and health destroyed by the negligence of corporate-think.

A 1997 ruling by the U.S. Supreme Court, Amchem Products Inc. v GeorgeWindsor which overturned a lower court ruling that would have alloweddefendants in asbestos and mesothelioma cases to limit their liability, especiallyto future claimants, companies like J.W. Roberts and Turner & Newall wereagain held responsible for their negligence. Claimants retained their right tohire their own lawyers and sue for individual claims.

Companies that presented themselves as community servants inthese cases are increasingly being exposed for their deceptive manipulations ofemployees for the primary purpose of gaining a profit. These manipulationsresulted in preventing employees from knowing just how much danger they were exposingthemselves and their families to. And many people are suffering and dyingbecause of their deceit.