Major Win for Asbestos Exposure Victims in SC Supreme Court

In May 2025, the highest court in the state ruled against one of the biggest asbestos providers in the world and forced the company to comply with the ruling.

The claim alleges a deceased worker’s asbestos exposure occurred while working in Greenwood, South Carolina, in the late 1960s and early 1970s, during which time Atlas Turner’s insulation products were allegedly used at the site. The Quebec-based company moved to dismiss the case for lack of jurisdiction. After the trial court denied that motion, Atlas Turner refused to participate in discovery, citing the Québec Business Concerns Records Act (QBCRA).

The court affirmed the trial court’s finding that Atlas Turner’s refusal to comply was “willful and intentional” and upheld the sanction striking the company’s answer and placing it in default.

Further, the court affirmed the appointment of a Receiver to investigate and collect Atlas Turner’s insurance assets, defined to include policies, proceeds, claims, and related information.

Why did the widow of a worker who was exposed to asbestos in the 1970s wait so long to file a legal claim against the responsible party? We’re glad you asked.

The asbestos exposure illness latency period is usually at least forty years. Then, it usually takes victims some additional time to partner with a nationwide asbestos exposure lawyer. Many environmental or occupational cancer victims chalk their illnesses up to bad luck. They don’t connect the dots between a disease like mesothelioma and asbestos-laced parts they worked with a half-century earlier.

Two important procedural rules usually come into play in these situations. One greatly benefits nationwide asbestos exposure lawyers, and the other has the opposite effect.

The personal injury statute of limitations is usually two years. Under the delayed discovery rule, the two-year countdown does not begin until:

• Victims know the full extent of their damages, and
• They connect those damages to a tortfeasor’s (wrongful actor’s) conduct or misconduct.

The delayed discovery rule usually gives an asbestos exposure lawyer ample time to prepare a claim before filing legal paperwork. That’s a good thing, because defendants often use another procedural rule to prevent these claims from getting off the ground.

Many states have a statute of repose. The SOR cuts off construction-defect related claims, such as a negligent failure to warn about asbestos side-effects, after a certain amount of time, usually between seven and ten years. The discovery rule doesn’t apply in SOR matters.

About half the states do not have a statute of repose. Additionally, these laws, like many others, are usually replete with exceptions and loopholes. So, no matter how long ago the toxic exposure occurred, a civil case is usually still a possibility.

Additionally, a good asbestos exposure lawyer typically has a Plan B, which usually involves either workers’ compensation or Social Security Disability.

Workers' compensation benefits for occupational disease victims are usually available no matter how much time has elapsed, as long as the exposure was work-related. SSD benefits are available if the applicant is disabled, as the Social Security Administration defines this term. In both cases, these benefits usually include medical bill payment and a monthly cash stipend for life, or as long as the disability persists.

The Atlas Turner decision expands on a well-established legal principle. Companies cannot hide behind foreign laws, just like they cannot hide behind bankruptcy laws.

In the 1980s and afterwards, instead of facing the music in court, many asbestos providers took the easy way out and filed for bankruptcy. Judges permitted these bankruptcies, as long as the company put money into a bankruptcy victim compensation fund. Today, these funds still contain some $60 billion.

Procedurally, BVCF claims are much like no-fault workers’ compensation claims. No attorney on the other side challenges the evidence that a nationwide asbestos exposure lawyer presents.

These claims are straightforward to make, especially if the claimant qualifies for expedited review. However, these claims are difficult to resolve. Settlement negotiations are not court-supervised, which means low-ball and take-it-or-leave-it offers are par for the course.

Mesothelioma victims need and deserve significant compensation. For a confidential consultation with an experienced nationwide mesothelioma lawyer, contact the Throneberry Law Group. The sooner you reach out to us, the sooner we start working for you.