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To date, the asbestos multidistrict litigation (MDL) is the longest running mass tort in U.S. history. Since 1991, over three million claims were transferred to the Eastern District of Pennsylvania, where the MDL is consolidated. Hundreds of companies have been called to the table by mesothelioma sufferers or their families. Thousands of asbestos lung cancer lawsuits still remain in litigation, however, a number of these lawsuits have been settled. Another asbestos lawsuit in the Maryland District Court is headed down that path.
A settlement may be close at hand in the case of plaintiff Mohamed R. Dashtizadeh. The initial settlement conference took place on Feb. 2 between Dashtizadeh and the attorneys representing Honeywell International and other companies.
While the details of the allegations in the case were not specified in the complaint, Dashtizadeh is suing Honeywell (formerly known as Allied Signal), Borgwarner Morse Tec Inc., Advanced Auto Parts, and Earl’s Auto Parts for strict liability, breach of warranty, negligence, fraud, conspiracy and market share liability.
Asbestos side effects have a long incubation period. In most asbestos lawsuits, the plaintiffs were affected after using products made by the named companies in his occupation. Furthermore, asbestos lung cancer lawsuits allege that the companies knew of the asbestos usage and risks, and did nothing to inform or protect employees.
The Asbestos Lawsuit is Mohamed R. Dashtizadeh v. Honeywell International, et al., Case No: 1:14-cv-00553-JFM, in the U.S. Circuit Court for Baltimore City.
Honeywell and Asbestos
The defendant in this case, Honeywell International, has a history of asbestos-related issues due to the companies it absorbed. Originally founded in Minneapolis in 1906 by an engineer named Mark Honeywell, the company specialized in hot water heater generators. The company merged with the Minneapolis Heat Regulator Company in 1927 and was renamed the Minneapolis-Honeywell Regulator Company, whose specialty product was thermostatic heat controls.
In 1999 Honeywell Inc. merged with Allied Signal Inc. to form a company having businesses in aerospace, chemical products, automotive parts and building controls. After the merger, the combined company renamed itself Honeywell International.
As a result of the Allied Signal merger, its subsidiaries became part of the new company. Two of these companies, Bendix and North American Refractories Company (NARCO), had a history of asbestos lung cancer class action lawsuits.
Thousands of asbestos lawsuits exist against Bendix for the brakes they made. In 2002, Honeywell lost close to $220 million due, in some part, to asbestos lawsuits against its Bendix unit.
In 2003, Honeywell tried to sell its Bendix brake unit to a bankrupt company called Federal-Mogul. They did this with hopes of eliminating close to 47,000 asbestos lawsuits, in which Bendix was named a defendant. This made sense, as Federal-Mogul’s bankruptcy filing was an attempt on their part to establish a trust to pay victims and settle approximately 360,000 asbestos lawsuits and future asbestos mesothelioma lawsuits.
Asbestos Risks
The use of asbestos dates back thousands of years, but it wasn’t until the end of the 19th century industrial era that asbestos garnered wide-scale use. Asbestos is made of microscopic, natural fibers, and was incredibly desirable for its resistance to fire, heat, and electrical damage, its sound absorption capabilities, and low price.
With the huge spike of asbestos use in industry, more and more needed to be mined. This increase brought growing numbers of lung issues and deaths in asbestos-mining towns. When undisturbed, asbestos-containing materials are not a risk. The game, however, changes when asbestos fibers become airborne.
Researchers took note, and the first case of asbestosis was diagnosed in the the United Kingdom in 1924. In 1930, the dangers of asbestos inhalation were presented to parliament in a report that drove the publication of the first Asbestos Industry Regulations in 1931.
The dangerous industrial environments continued unabated for another 40-years. Companies knew about the risks of asbestos exposure, but withheld or ignored the issue until a number of asbestos lawsuits in the early 1970s forced them to admit their knowledge and responsibility. Today, there are more than 600,000 asbestos lawsuits in the U.S. with over 5,000 defendants accused.
In general, asbestos lawsuits are filed individually by each plaintiff and are not class actions.
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