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Second Verse, Same As The First.


We’d like to welcome you to this month’s issue of the Lawyers Stink E-mail Newsletter. We certainly hope that you are doing well and enjoying a lawyer free day (it’s getting tougher and tougher to do these days) as we kick off a new year. Starting off a new year on the right foot sometimes means new year’s resolutions; where we attempt to break old habits and replace them with something much better in their place. I wish we could say the same thing about lawyers. While they’re starting off a new year too, sometimes it’s hard to teach old dogs new tricks. But then again, maybe not.

Lawyers nationwide, ever the cunning lot, have learned a way to take an old habit (suing asbestos makers and manufacturers) and make it a new trick (suing everybody in sight). These money grubbing bloodhounds have learned how to take an old habit, namely suing the hell out of the asbestos industry, and finagle a way to squeeze out even more riches for themselves. Let’s take a closer look.

Lawsuits against the asbestos industry are anything but new. As a matter of fact, the mass tort litigation aimed at all facets of the asbestos industry is the longest running string of lawsuits in American history. Asbestos related lawsuits erupted on the scene over twenty years ago and at this stage of the game, show absolutely no signs of letting up. Quite the contrary.

It is estimated that asbestos related lawsuits are up over fifty percent from a year ago. When you consider that well over twenty billion dollars (that’s billions!) has already been paid out by insurers and companies alike and asbestos litigation has resulted in dozens of corporations being forced into bankruptcy (such as Owens-Corning, W.R. Grace and U.S. Gypsum), we’ve got a big time problem on our hands. And unfortunately, we’ve just the nicked the tip of the iceberg.

A quick history lesson is probably in order here. Asbestos was originally hailed nationwide for its for fire retardant capacity decades ago. Through the early 1970’s, asbestos was used for making insulation, roofing and other products. Due to its widespread popularity and use in the commercial, industrial and residential fields, a number of people were exposed to asbestos. It has been determined that serious ailments, including mesothelioma (a cancer) and asbestosis (a pulmonary disease), can result from the exposure to asbestos.

Estimating how many people may have been exposed, the level and duration of their exposure, the extent and cause of their illnesses, if any and how many people may develop an asbestos related illness down the road is proving a virtually impossible task. This uncertainty has opened the door for a new wave of asbestos related lawsuits and has been exploited by asbestos lawsuit crazed lawyers looking to cash in big time.

More and more claimants are coming out of the wood work with each passing day, thanks in no small measure to the incessant bombardment of television, radio and newspaper advertisements sponsored by entrepreneurial lawyers looking to dredge up tens of thousands of new clients. Personal injury lawyers are well versed in the nuances of drumming up additional victims.

Without a whole lot of sweat, these enterprising lawyers have people standing in line ten deep to sign up and get a piece of the action. While this surge of new clientele is good for the lawyers looking to convert these mass numbers of bodies into dollars for themselves, it could have potentially devastating consequences to the rest of us (for more information about asbestos related class action lawsuits, simply click class action update.

People with legitimate injuries and those who may become sick from asbestos exposure in the future are now thrown into a commingled mass of claimants. As more and more companies bite the dust under the crushing weight of unrelenting asbestos litigation, the ability of these deserving people to get just compensation for their injuries becomes increasingly jeopardized. This isn’t fair or right, but what’s fair and right got to do with lawyers making a fortune?

Not surprisingly, the original group of defendants have been ostensibly tapped out. Many of these companies have declared bankruptcy and are now insolvent. Say what you will about lawyers, they are not fools. Realizing that it’s hard to squeeze blood out of the proverbial turnip, the lawyers had to go looking for greener pastures (as in cold, hard cash “green”) – and they did.

These new and improved lawsuits seek out and systematically target companies who did not make, manufacture or produce asbestos related products, but merely used the products per the instructions. Even though these companies had no knowledge that the product they were purchasing and then using was potentially hazardous, they’re getting pummeled anyway. Why? Come on, because they have money.

The original group have gone under and as a result, are of little interest to money grubbing lawyers. Money is and always be the only thing that counts when lawyers go looking for someone to sue. Regardless of whether one has been determined to be sick or not, he or she can now join the hundreds of thousands of individuals and hordes of lawyers who are now suing anyone remotely related to the asbestos industry. In Chapter 10 of our book, Wake Up and Smell the Lawyers, we uncover the art of the class action con game (click book chapter summaries to read excerpts taken from the book).

Over 1,000 corporations have been named as defendants to date, including many who didn’t do anything wrong but purchase a product that they thought was safe. What fools! These companies read a like a who’s who of American household names, including 3M, AT&T, Campbell Soup Company, Colgate-Palmolive, Dow Chemical, DuPont, E & J Gallo Winery, Gerber Products, Lockheed Martin, and a host of other companies.

We should reasonably anticipate that virtually every company involved directly or indirectly in the manufacturing and construction fields will eventually be drawn into this circus. The Rand Institute for Civil Justice estimates that the number of companies involved in asbestos litigation will potentially grow to several times the 1,000 companies currently under attack, thereby accounting for half of the industries in our economy.

This leads to an interesting question. What will become of the profitability, let alone the viability, of these companies representing half of our nation’s economy if they are drawn into this bottomless pit of asbestos related litigation? What happens to their stock price if they are forced to pay out tens of billions of dollars in this extortion plot being perpetrated by lawyers nationwide? Will they go down the tubes like the dozens of ill-fated companies preceding them who were mercilessly hammered into submission from asbestos litigation?

And what of the stockholders in these companies? Are these people, many of which are employees in these companies and have their 401(k) plans invested in the company’s stock, going to be laid out to dry as lawyers continue to work at siphoning every dollar at every company they can bring suit against? Sure they are, but so what?

And what about the customers of these companies that become embroiled in asbestos litigation? Won’t they have to pay more for the goods and services they buy? Of course they will, but so what again?

As I speak to people around the country about rampant lawsuit abuse and its disruptive influence on all of our lives, I am on occasion confronted with a skeptical sort who believes that I’m grossly overstating the lawsuit abuse problem. These cynics are quick to tell me how they fail to see what the big fuss is all about and as a result, fail to understand why in the world I’m wasting my time talking about what they perceive as a nonexistent problem.

They reason that they haven’t been sued themselves, so lawsuit abuse doesn’t really affect them or their way of life. They are so misinformed – and are so wrong. Lawsuit abuse, especially the rampant abuse so recklessly displayed in the asbestos related lawsuits that have proliferated in the last several years, is spiraling out of control in this country. All of us, every one of us, pays and pays big time for these wanton abuses of the legal system (check out stop lawsuit abuse on our web-site).

People who deserve compensation should receive it -- and receive it in a timely manner. Not only that, they should receive the bulk of any award or settlement –not the greedy lawyers representing them.

Lawyers regularly take 50% or more of any money awarded to those who are ill and receive settlements or awards. Here’s a person who’s sick or disabled and now must live with the illness or disability for the rest of his or her life. That person’s lawyer then takes over half of the settlement or award and goes looking for someone else to sue; while the victim must make due with whatever is left over after the lawyer has absconded with the lions’ share of the money. That’s immoral and truly makes me sick to my stomach.

As far as the people who are not sick are concerned, which comprise the upwards of ninety percent of the complainants in this new wave of asbestos litigation, they should wake up and smell the lawyers at work here. But they won’t, because they’re looking for a score themselves. Unwittingly, they have become pawns in the lawyers’ big asbestos chess game, a needed but barely heeded inventory that allows the lawyers to jack up the ante on future payoffs.

Millions of claimants and billions of dollars in attorneys fees, the best goes on and on. Asbestos “liability” has become a big umbrella, one which lawyers are counting on to cover any deep pocket company they can get their greedy mitts on. Second verse, same as the first.

Sooner or later (hopefully sooner for the sake of this country’s financial welfare), our government and we the taxpayers will realize that these asbestos lawsuits are about one thing and one thing only -- making filthy rich lawyers even more filthy rich. Until that happens, you and me and every one else will keep padding the pockets of lawyers all over America.

As always, we wish you a lawyer free day!

Hey, if you’ve got a goofy lawsuit you’d like to pass on to us, simply click Stupid Lawsuits and Other Funny Stuff and we’ll add yours to our ever growing list of stupid lawsuits.

And while you’re at in, why not take a few moments and check out our growing collection of Funny Lawyer Quotes, Jokes and Cartoons?

If you haven’t read our highly acclaimed book, Wake Up and Smell the Lawyers, you’re missing out on a load of information about America’s legal system – and a load of laughs as well. You can read excerpts taken from the book by clicking book chapter summaries here.

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Thanks for reading this issue of the Lawyers Stink E-mail Newsletter and we’ll see you next month. As always, we welcome your comments and suggestions about our newsletter.

 



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