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Mesothelioma lawsuit clarified by New Orleans ruling

Dozens of companies made the decision to use asbestos in their operations during the first half of the 20th century. Although scientific documents from the 1930s show the possible risk that asbestos poses to the human respiratory system, it was prized as an insulator and fire retardant late into the 20th century.

The story did not end with the reduction of asbestos in industrial projects. Many firms and individuals, as well as other companies that acquired liabilities along with assets in mergers and buyouts, still hold liability for the removal or abatement of asbestos in industrial parts, home construction and shipbuilding. Therefore, lawsuits regarding asbestos exposure are expected to continue for years.

A lawsuit alleging that asbestos used by a motor vehicle manufacturer caused mesothelioma, a type of cancer affecting the linings of thoracic organs, will continue after a motion to dismiss it was partially denied. Civil charges of premises liability and product liability, which hold organizations accountable for the space available to workers or customers and the products available to the public, may continue against the defendant.

The federal judge based in New Orleans ruled that the suit, brought by a former technician allegedly exposed to asbestos in the line of his work who has since died of mesothelioma, cannot continue on the grounds of an employer's responsibility. This possibility is barred by the Louisiana Workers' Compensation Act.

An experienced attorney can advise you regarding whether a suit for damages after a mesothelioma diagnosis is a good idea. Attorneys can help victims and their survivors seek justice and needed compensation.

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