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Asbestos Litigation Takes Place at Different Levels

CourthouseAsbestos litigation is an important tool that protects workers who came in contact with the carcinogenic substance during their careers.

From rail workers to laborers to mechanics, many were exposed to asbestos because the mineral was once widely used as a flame retardant and insulator in many industries. However, it was known by the mid-1960s that the inhalation of the deadly mineral fibers could cause a range of serious illnesses such as asbestosis, lung cancer and malignant mesothelioma.

These deadly diseases have affected millions of people around the world and often times the only recourse they have is to file an asbestos lawsuit against the party responsible for their asbestos exposure, so that they can receive compensation for medical bills and a sense of security for their family. However, asbestos litigation can take place at a number of different levels.

U.S. Supreme Court to Review Asbestos Case

According to the Courthouse News Service, the high court will review a lower court’s pre-emption ruling in a case involving the mesothelioma death of a rail worker. The mesothelioma lawsuit was filed on behalf of George Corson, who allegedly came in contact with the asbestos that caused his fatal cancer while working on trains and in the course of other employment activity.

Originally, the lawsuit named 59 defendants, with 57 of them being dismissed for lack of evidence. The remaining two – Railroad Friction Products and Viad Corp. – were granted summary judgement because a district court ruled that the Locomotive Inspection Act pre-empted the claims in the lawsuit. The Act reportedly holds that the employer is almost always liable for injuries sustained by workers on trains, meaning that the two companies, which were both connected to the production of asbestos products, were not responsible for Corson’s death.

The 3rd Circuit Court upheld the pre-emption but the U.S. Supreme Court granted Certiorari to the case and will review it, reports the news source.

Asbestos Lawsuit Filed in Texas on Behalf of Deceased Laborer

Not all asbestos cases make their way to state supreme courts but they are still important nonetheless. The Southeast Texas Record reports that an asbestos lawsuit was filed on behalf of Freeman Eugene Peart, who allegedly died of an asbestos-related disease, by one of his relatives.

The lawsuit claims that American Optical and 34 other firms were responsible for the asbestos illness the claimed the life of Peart, who worked as a boilermaker, pipefitter, welder and laborer over the course of his lifetime.

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