Asbestos litigation ongoing regarding punitive damages
New headlines still abound with stories regarding a major jury verdict that held Johnson & Johnson liable for more than $100 million in damages for asbestos-related injuries. The manufacturing conglomerate is now battling plaintiffs in a separate state, where are attorneys are arguing for punitive damages on behalf of their clients. The ability to seek punitive damages in asbestos litigation is not something all states allow. South Carolina residents with questions about such issues may seek answers by reaching out for legal support.
In the state where this particular case is being heard in a specialized court, punitive damage petitions were banned in asbestos cases in the late 1990s but were once again allowed as of March 2018. Not everyone is happy about that, and some are appealing the decision in a higher court. Their opinion is that companies that may no longer exist should not be held liable for conduct that occurred many years (perhaps even decades) ago.
A man in New Jersey was able to obtain $80 million in punitive damages because he contracted an incurable cancer known as mesothelioma from using talcum powder in his regular hygiene habits for many years. Attorneys seeking punitive damages in the specialized court are located in New York. Johnson & Johnson has come out fighting, stating punitive damages are reserved as punishment for egregious conduct, which, in their opinion, does not apply to the situation because it can’t be proved that the company knowingly sold products containing asbestos.
To discuss laws pertaining to compensatory or punitive damages in South Carolina asbestos litigation, a potential plaintiff may want to arrange a meeting with an attorney experiences in such matters. Many diseases related to asbestos exposure are incurable. Families impacted by such issues have a right to pursue justice for the suffering they have endured when human negligence caused their situations.
Source: Forbes, “NYC Asbestos Firm Hopes To Continue $117M Hot Streak, Again Seeking Punitives From J&J“, Daniel Fisher, May 8, 2018
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