The Asbestos Settlement
The Atlas Shingles lawsuit was filed against the Federal government, and the contractor who made the defective shingles. At the time the lawsuit was filed in Florida, the condition of the shingles had deteriorated to the point where they could no longer protect the home. The home itself was at risk for collapse due to the weak condition of the shingles. When the complaint was filed, it is believed that the warranty on the home was invalid because it was issued before the condition of the shingles had deteriorated. The complaint specifically named and held accountable, ERP Architects, Inc. and their subsidiary, Albena Corp.
As the claim moved through the courts, the attorneys for the defendants learned more about the condition of the shingles. It was discovered that Albena Corp. manufactured and sold many of the shingles on behalf of ERP Architects, Inc. and its subsidiary, which together produced and sold the defective part. In the process, the attorneys learned that their client, the homeowner, did not have a case against the company, but was the one who had to pay for the product after the condition of the shingles deteriorated.
Once the case moved into the discovery phase, discovery would reveal the falsity of the underlying claim. The fraudulent claim then switched to a fraudulent expert. The attorney for the defendant then attempted to introduce expert testimony about the relationship between the condition of the shingles and the relationship between the asbestos and cancer. Unfortunately for the defendant, it became known that there was absolutely no such relationship, and the case was dismissed. The court found this to be “bogus litigation.”
This is not a reflection on the quality of the legal system in Florida, or anywhere else. The problem was with the original complaint, which did not identify a legitimate reason for filing the asbestos lawsuit. Because the complaint did not identify a reason, there was no way to know whether or not the claim was valid. Because of this complication, courts have avoided awarding large compensations in asbestos lawsuits. For the same reason, courts have held off on awarding large compensations for other diseases associated with asbestos exposure, like asbestosis, lung cancer, etc.
The Atlas Shingles lawsuit was a clear case of fraudulent claims regarding the effects of Asbestos exposure. The complaint was fraudulent from the very beginning because it failed to provide a valid reason for the lawsuit. The plaintiff’s lawyer did not carry out his own asbestos lawsuit investigation and therefore was unable to provide any evidence to support the claims that Asbestos caused or contributed to the plaintiff’s injuries.
In conclusion, you must understand that an asbestos lawsuit is different from an Asbestos induced cancer lawsuit. For an asbestos lawsuit to succeed, there must be direct evidence linking the Asbestos to the plaintiff’s injury, and there must be direct and incontrovertible evidence of Asbestos exposure. If there is any doubt as to whether or not the defendant caused or contributed to the plaintiff’s injury, then the lawsuit will fail. In short, an asbestos lawsuit is a lawsuit that focuses on proving causation of the harm rather than proving the presence of harm.