10 Real Reasons People Hate Asbestos Lawsuit History
Asbestos Lawsuit History
Lawyers like Stanley Levy have helped many asbestos victims. People with mesothelioma and other asbestos-related diseases can sue companies that produced, mined or used asbestos and asbestos-containing products.
The first asbestos lawsuit was filed by Nellie Kershaw. She was diagnosed with health issues while working in an asbestos fiber manufacturing plant in England. She died at age 33 of fibrosis in the lung caused by asbestos exposure.
The First Cases
Asbestos, a dangerous mineral, has infected and killed thousands of people throughout the years. Asbestos claims are filed for a variety reasons, but most often involve people who have been exposed to asbestos at work. This could include workers in factories that made asbestos-related items as well as those who worked on the construction of buildings with asbestos, or who were exposed to secondhand asbestos from household products that were contaminated, like talcum powder.
People who were exposed to asbestos attorneys may develop a variety of diseases including mesothelioma, lung cancer, and other respiratory ailments. Although some of these diseases are extremely serious and could be fatal, many people have been able receive compensation for their injuries. This is because many countries have laws that require companies that create dangerous substances to inform those who could be injured by them.
The first asbestos lawsuit was filed in 1929 and was filed by a woman whose name was Anna Pirskowski. She was suffering from a range of ailments, including shortness of breath and thickening of the fingertip tissue which is also known as clubbing. She was awarded a settlement of $75,000, which is believed to be the first class action lawsuit filed in connection with asbestos.
Asbest lawsuits continued to be filed in the years that followed. Some of these cases were extremely large, and a number of attorneys began to specialise in asbestos litigation. This meant that they only dealt with the most serious cases. One firm that was involved in this was Kazan Law, which in the late 1980s started to concentrate on bringing cases on behalf of people who had mesothelioma.
Other lawsuits were won by those who suffered from other asbestos-related illnesses like asbestosis or plaques in the pleural cavity. The condition that caused them was similar to the mesothelioma, and therefore easier to prove for lawyers. These claims led to the disclosure of secret documents that revealed how asbestos product manufacturers tried to conceal their risks. In 1989 the Asbestos Ban & Phase Out Rule was issued.
The Second Case
As the number of people diagnosed with asbestos-related illnesses grew the families and victims began bringing lawsuits. These lawsuits were filed against businesses that mined asbestos, manufactured asbestos-containing products, or sold asbestos-containing goods. Mesothelioma sufferers also filed lawsuits against companies that created and built the buildings that they worked in, including shipyards, power plants and refineries. The connection between asbestos exposure and mesothelioma development is strong.
In the early 1980s the legal fights over asbestos lawsuits got more intense and the courts began to rule on a variety of aspects of case processes. A federal court, for instance decided that only those suffering from malignant asbestos-related diseases like mesothelioma or lung cancer were able to sue the manufacturers of asbestos products. This ruling, also referred to as Borel V. Fibreboard Paper Products Corp. was an important setback in asbestos litigation.
At the same time, Nellie Kershaw, a factory worker from Rochdale, England, filed what is considered the first legal claim that is well-known against asbestos-related companies. Kershaw, who had been diagnosed with lung problems caused by her close contact with raw asbestos fibers, attempted to convince the company she worked for to pay for her treatments. The company was unable to pay. Kershaw died in her 30s from fibrosis.
The second round of asbestos cases centered on workers who worked in construction sites and were exposed to different types of asbestos-containing building products, including fireproofing sprays, textures and drywall products. Asbestos lawyers also brought successful cases against companies who manufactured equipment that used asbestos-containing materials, such as pumps and boilers.
During this time, a variety of documents pertaining to asbestos companies were uncovered. These documents proved their involvement in fraud and conspiracies. This included the personal records of Johns-Manville president Sumner Simpson, as well as correspondence from the general counsel of another asbestos manufacturer, Raybestos Manhattan. These documents revealed a conspiracy between these two companies to hide asbestos' dangers and suppress efforts to warn the public.
The discovery of these and other types of corporate fraud and conspiracy in the early to mid-1980s sparked a wave of class action settlements and other attempts to limit asbestos liability for asbestos-related companies. These attempts were met by massive opposition from plaintiffs' attorneys and their clients as well as the general public.
The Third Cases
By the 1970s asbestos companies could no longer cover up the dangers of asbestos attorneys-related diseases like mesothelioma from people. This was due in large part to the fact major national journals began paying attention to the connection between mesothelioma, asbestos, and other respiratory diseases, rather than small industry newsletters and medical journals. As soon as the link between asbestos and serious diseases was well-established, victims started filing lawsuits against asbestos producers.
In the 1970s, a decision by the courts that allowed plaintiffs the recourse to strict liability as a legal principle was one of the primary reasons for an increase in asbestos lawsuits. Plaintiffs in asbestos cases used to be required to prove that asbestos manufacturers were negligent in exposing them. In the 1973 case Borel v. Fibreboard a judge ruled asbestos manufacturers liable for any injuries caused by their products if they knew their product was dangerous but did not inform their employees or the general public about the dangers.
After the ruling, a number of asbestos producers were forced to file for bankruptcy. This permits a business, even though it is still in operation, to reorganize itself in bankruptcy court and to put money into trusts to pay asbestos claimants. Johns-Manville is one of the most notable examples. It was hit by numerous lawsuits brought by former workers who were diagnosed with asbestosis, mesothelioma, or lung cancer. Kazan Law set several cases against the manufacturer and was able to obtain punitive damages verdicts against the company.
Since then asbestos litigation has continued grow as a result of the increasing number of victims suffering from asbestos-related illnesses. Asbestos litigation is often complex because the diseases caused by asbestos attorneys can take a long time to manifest and aren't always obvious to those who have been diagnosed.
Some victims have been forced to wait for years for settlements from insurance companies even after their employers were found liable. The US Supreme Court has addressed various cases where asbestos companies attempted to limit their liability by offering class action settlements. The court has also discussed whether individual defendants can be held liable for asbestos related injury.
The Fourth Cases
Asbestos is a highly hazardous mineral that has sickened or killed hundreds of thousands of people over the many years. It's also a substance that was extensively used by companies who knew that it was dangerous, and yet they continued to use it in their manufacturing processes.
As the legal system tackles asbestos lawsuits new developments are taking place every day. One of the most significant legal developments is the ruling Lubbe v Cape Plc. This set an example for asbestos victims to sue multinational corporations in their home countries for compensation.
These cases typically involve secondary asbestos exposure. Workers who work with asbestos work may transfer it to their family members or spouses. Family members are affected by mesothelioma as well as other asbestos-related diseases.
There are many lawsuits filed today by the families of victims based on this type of case. Asbestos lawyers can assist families bring a claim against the responsible parties for the asbestos injuries of their loved ones.
Another significant development in asbestos litigation is the rise of class action lawsuits. These asbestos lawsuits provide victims the chance to seek justice with the help of an attorney who is familiarized with the complex legal issues these cases present.
While many asbestos attorneys have advocated for this type of lawsuit, there are certain people who do not support it. There have been numerous attempts at passing legislation to restrict the use of class actions in asbestos lawsuits.
The most recent major development in asbestos litigation was the filing of a suit by Massachusetts residents against four companies over the way they handled asbestos abatement and disposal. The lawsuit claimed that the companies in violation of state law by not disposing asbestos properly and failing residents from the harmful dust.
asbestos attorney litigation has been a long-running issue that will likely continue for a number of decades to come. The asbestos industry has attempted to avoid accountability by bringing up technical legal arguments and by attempting to get legislative remedies passed which would stop victims from seeking justice. However, it appears that many victims and attorneys are determined to see justice served.