Outrageous Misconduct: The Asbestos Industry on Trial (The Complete New Yorker Reports) [Hardcover]

Paul Brodeur (Author)

Editorial Reviews

From Publishers Weekly

This carefully documented expose is an invaluable sourcebook not only for lawyers but for lay readers as well. As Brodeur, a New Yorker writer whose books include The Zapping of America and Expendable Americans, shows, media coverage of the disasters caused by asbestosis has traditionally been minimal. He pursues the behind-the-scenes efforts by key U.S. asbestos firms over some 50 years to challenge their liability for numbers of asbestos-workers' deaths. The legal intricacies presented by Brodeur may prove confusing to some readers, but they will, nonetheless, find his case histories compelling and devastating. The author often focuses on the Mansville Company (formerly Johns-Mansville). Yet the evidence he introduces involves the industry at large: a trail of cover-ups going back to the 1930s, through Borel v. Fioreboardstyle in 1971 and the avalanche of lawsuits that case spawned, leading to Mansville's bankruptcy filing in 1982a move Brodeur interprets as connected to an industry-wide drive "to escape the full measure of its liability for the horror of asbestos disease." November 27
Copyright 1985 Reed Business Information, Inc.

From Library Journal

The Johns-Manville Company shocked the legal world in 1982 when it filed for bankruptcy to protect itself from claims by victims of asbestos-related illness. True to this book's subtitle, Brodeur deals extensively with the litigation as pects of asbestos companies defending themselves both before and after Man ville's bombshell. Here we have plain tiffs' discovery of coverups and the in dustry's strategies for delay and mitigation of losses. The insurance in dustry, standing to lose billions, is an other player in the melodrama. Also in cluded is background on recently published proposals for restructuring Manville to assure future payments to claimants. The scene is predominately in the courtroom and environs, and lit tle is heard from the victims or their families. Thus, the book may appeal most to potential litigants and their at torneys. Daniel LaRossa, Connet quot P.L., Bohemia,
Copyright 1985 Reed Business Information, Inc.

Product Details

• Hardcover: 374 pages
• Publisher: Pantheon Books; 1st edition (October 12, 1985)
• Language: English
• ISBN-10: 0394533208
• ISBN-13: 978-0394533209
• Product Dimensions: 9.4 x 6 x 1.5 inches
• Shipping Weight: 2 pounds
• Average Customer Review: 5.0 out of 5 stars  See all reviews (3 customer reviews)
• Amazon Best Sellers Rank: #432,643 in Books (See Top 100 in Books)

Customer Reviews

Most Helpful Customer Reviews

3 of 4 people found the following review helpful:

5.0 out of 5 stars Corporate mass murderers, February 13, 2009

By 

Guy Denutte "A concerned citizen" (Cali, Colombia) - See all my reviews
(REAL NAME)   

This review is from: Outrageous Misconduct: The Asbestos Industry on Trial (The Complete New Yorker Reports) (Hardcover)

In 1960 we had 63 scientific reports on asbestosis. The 11 studies founded by the asbestos industry found no link whatsoever between asbestos and lung cancer. The other 52 independently financed studies came to the conclusion there was a clear link. David Ozonoff from the Boston University resumes the history of corporate denial as follows : "Asbestos doesn't hurt your health. OK, it does hurt your health but it doesn't cause cancer. OK, asbestos can cause cancer but not our kind of asbestos. OK, our kind of asbestos can cause cancer, but not the kind this person got. OK, our kind of asbestos can cause cancer, but not at the doses to which this person was exposed. OK, asbestos does cause cancer, and at this dosage, but this person got his disease from something else, like smoking. OK, he was exposed to our asbestos and it did cause his cancer, but we did not know about the danger when we exposed him. OK, we knew about the danger when we exposed him, but the statute of limitations has run out. OK, the statute of limitations hasn't run out, but if we're guilty we'll go out of business and everyone will be worse off. OK, we'll agree to go out of business, but only if you let us keep part of our company intact, and only if you limit our liability for the harms we have." This book tells this history in full detail.

Manville Corp. filed for chapter 11 in 1982. Some courageous lawyers tried to prevent this, under the charge of fraud. This didn't work out, and Manville negotiated a trust with a maximum amount of money, to pay for all present and future victims. Some years later, they emerged to continue business as usual. However, the charges were very severe. The corporate politics of Manville consisted in using human beings as disposable material, taking advantage of the fact that asbestosis takes 10 to 40 years to develop. Dr. Smith, medical director of Johns-Manville, explained the corporate politics in the following words : "... it is felt that as long as the man feels well, is happy at home and at work, and his physical condition remains good, nothing should be said. When he becomes disabled and sick, then the diagnosis should be made and the claim submitted by the Company. The fibrosis of this disease is irreversible and permanent so that eventually compensation will be paid to each of these men. But as long as the man is not disabled it is felt that he should not be told of his condition so that he can live and work in peace and the Company can benefit by his many years of experience."

Vandiver Brown, the head of the legal department of Johns Manville summarized this even further, when asked the following question :
- Mr. Brown, do you mean to tell me you would let them work until they dropped dead ?
- Yes, we save a lot of money that way.

Lawyer Ronald Motley calls Manville Corp. a mass murderer. However, not a single executive has ever been prosecuted for those crimes against mankind.

7 of 10 people found the following review helpful:

5.0 out of 5 stars An amazing account of how corporations poisoned millions., March 7, 1998

By A Customer

This review is from: Outrageous Misconduct: The Asbestos Industry on Trial (The Complete New Yorker Reports) (Hardcover)

An amazing account of how the asbestos companies poisoned millions and conspired to prevent the release of the dangers of asbestos. The book displays the possibilities of corporate greed and contains a blueprint for preventing future toxic nightmares.

3 of 6 people found the following review helpful:

5.0 out of 5 stars Corporate greed, October 10, 1998

By A Customer

This review is from: Outrageous Misconduct: The Asbestos Industry on Trial (The Complete New Yorker Reports) (Hardcover)

A completely compelling account of exactly how far a business will go to make a profit. Brodeur is a brilliant writer.