Delaware Mesothelioma Resources and Asbestos Information

Delaware has the distinction of being home to the United States’ oldest court system. Coupled with the decidedly “corporate-friendly” laws and relatively lenient regulatory system governing businesses, it could easily be assumed that businesses would enjoy a slight bias in terms of litigatory defense, as evidenced by the large number of businesses headquartered elsewhere in the U. S. but incorporated in Delaware. However, in 2005, a strange migration began that counters this assumption. Asbestos related lawsuits inundated the venerable court system, with a surprising 80% of plaintiffs and the firms representing them coming from other states.

Several factors can be attributed with this influx of lawsuits, beginning with Delaware’s laws that place no limit on the amount of punitive damages that may be awarded. Another factor is the federal law, proposed around the time Delaware’s asbestos litigation started to increase, that denied a defendant the ability to take a case brought in his or her home state to federal court. Additionally, Delaware’s 101-chapter body of law includes an entire chapter devoted to dealing with asbestos issues. Section 1, Chapter 78 states that, “…it is in the interest of the public to control, reduce and prevent the exposure of the public to Asbestos.”

Delaware’s laws regarding asbestos may arise from the number of asbestos-related deaths among her citizens. As one of the smallest states in the country in terms of area, with a population only about ten percent greater than that of New York City, 249 deaths over a twenty year period were attributed to asbestos exposure. These differed from the bulk of asbestos deaths in other states in that most were not from mesothelioma. Furthermore, in the same period, over than twice that number died of asbestos-related complications.