subject: Major Mesothelioma Lawsuit Decided By U.s. Supreme Court [print this page] With mesothelioma lawsuits, as with all areas of law, persistence is key - on both sides. Case in point: Travelers Insurance Company, the primary insurer for Johns-Manville Corporation from 1947 - 1976.
Once the largest miner and manufacturer of asbestos and asbestos products, Johns Manville Corp. filed for bankruptcy in the 1980s, after the dangers of asbestos were exposed to the public. In the process, a trust fund was created for future victims of its asbestos products and Travelers Insurance contributed $80 million at that time. Later, in 2003 and 2004 through pressure in the courts, Travelers agreed to $500 million in settlements with several groups of plaintiffs, with the stipulation that future asbestos lawsuits would be barred. The settlement was approved in 2006.
But last year, this settlement was overturned by a U.S. Court of Appeals on the ground that the judge who approved the settlement lacked authority to bar new lawsuits. In June of 2009, the U.S. Supreme Court reversed this decision in a 7 - 2 vote, bringing the status of the case back to the 2006 settlement. Writing for the majority, Justice David Souter said the judges orders barred state civil actions against Travelers based on allegations of its own wrongdoing while acting as Johns-Manvilles insurer, due to the finality of the 1986 orders that established the bankruptcy trust fund.
In this series of lawsuits persistence was key for both the plaintiffs and the defendants. The mesothelioma settlement for several groups of plaintiffs went from $80 to $500 million - a substantial victory! At the same time the persistence from the defendants led to the barring of future litigation. Agreeing to half a billion dollars in a settlement to secure no future lawsuits was considered "worth it."
As with any area of law, precedence is key and the precedent set by this series of litigations gives hope to victims filing their own mesothelioma lawsuit. However, it also demonstrates that once a person is diagnosed with mesothelioma, legal action must be taken quickly, since sometimes, as in this case, the court grants that further suits against the same company will be barred.
Until a case is settled by the supreme court, it can be overturned in a court of appeals, just as this case was. Your own mesothelioma settlement will take persistence from you and an experienced attorney.
