Mesothelioma is a very rare form of cancer with about 3,000 cases diagnosed each year in the United States. However, the incidence rate of this disease is increasing at an alarming rate worldwide. This is primarily because mesothelioma is caused by long-term on-the-job exposure to asbestos. It is a well known disease nowadays and is highly preventable primarily because workers who deal with asbestos are properly educated on how to use protective measures at work to prevent injury (mesothelioma suit).
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Class Action Lawsuits (mesothelioma class action lawsuit)
Class action lawsuits involving mesothelioma and asbestos began surfacing in the late 1960s after the public became aware of the serious health hazards associated with asbestos exposure. Since, judges have resorted to a number of procedural methods to manage asbestos claims that now number in the millions. In the American judicial system, class action lawsuits long have been a way to resolve disagreements involving similar claimants with similar injuries and defendants. Compared to other mass torts, however, class actions have not been widely used in asbestos cases (
Mesothelioma Lawsuit Funding).
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A class action lawsuit is a claim in which a group of people collectively bring a complaint to court. These types of lawsuits are filed against a defendant by one or more plaintiffs on behalf of a group of “similarly situated” people. State and federal courts have their own procedural rules governing class actions. Generally, in order to maintain a class action lawsuit, the group must share similar injuries caused by shared circumstances that raise the same legal issues. If the court determines that there are sufficient similarities and that separate lawsuits would be impractical or burdensome, it will certify the group as a class and allow them to litigate their case collectively.
Mesothelioma class actions typically are filed against companies that knew the dangers of asbestos exposure but did not inform employees of the risks. Manufacturers and distributors of asbestos-containing products, mining and construction companies and shipbuilders are often named as defendants in these types of class actions.