20 Things You Must Be Educated About Asbestos Lawsuit History

Asbestos Lawsuit History

Lawyers such as Stanley Levy have helped many asbestos victims. Patients suffering from asbestos-related diseases, such as mesothelioma, can sue companies that mined, manufactured or used asbestos.

Nellie Kershaw was the first to file an asbestos lawsuit. She was diagnosed with health issues while working in an asbestos fiber manufacturing plant in England. She died at the age of 33 due to fibrosis that had developed in her lungs. It was caused by exposure to asbestos.

The First Cases

Asbestos is a dangerous mineral that has sickened or killed thousands of people over the course of time. Asbestos claims can be filed for many reasons, but they usually involve people who were exposed to the substance at work. This includes employees who worked in factories that made asbestos-related products or at the construction site of buildings containing asbestos. It can also include people who were exposed asbestos by using household products, such as talcum powder.

Anyone who was exposed to asbestos could develop a number of different diseases including mesothelioma, lung cancer, and other respiratory conditions. While some of these illnesses are extremely serious and could be fatal, many people have been able to obtain compensation for their injuries. This is due to the fact that most countries have laws that require companies that create dangerous substances to inform those who may be hurt by them.

The first asbestos lawsuit, filed in 1929, involved a woman by the name of Anna Pirskowski. She was suffering from breath shortness and a thickening of the fingertip tissue (known as clubbing). She was awarded an amount of $75,000 in settlement, which is believed to be the first class action lawsuit in connection with asbestos.

In the years following, more and more asbestos lawsuits were filed. Some of the cases became extremely large, and a number of attorneys began to specialize in asbestos litigation. They only would take on cases that were serious. One company that took on this was Kazan Law, which in the late 1980s started to concentrate on bringing cases on behalf of people who had mesothelioma.

Other lawsuits have been won by people who suffered from asbestos-related ailments, such as asbestosis and plaques in the pleural region. The disease that caused them was like mesothelioma making it more straightforward to prove for lawyers. These claims led to the disclosure of secret documents which showed how asbestos manufacturers tried to conceal their risks. This led to the Asbestos Ban and Phase Out Rule being issued in 1989.

The Second Cases

As the number of people diagnosed with asbestos-related illnesses grew, victims and families began filing lawsuits. These lawsuits were filed against businesses who mined asbestos, made asbestos-containing products, or sold asbestos-containing goods. Additionally, mesothelioma patients filed claims against the companies that designed and built the buildings where they worked, such as shipyards, power plants, factories and refineries. The connection between mesothelioma and asbestos exposure is strong.

In the early 1980s, the legal battle over asbestos lawsuits began to intensify and courts ruled on many aspects of the litigation procedure. For example a federal court decided that only individuals suffering from a malignant asbestos-caused disease like mesothelioma or lung cancer are able to file lawsuits against the producers of the asbestos products they used. This ruling, known as Borel v. Fibreboard Paper Products Corp., was a major setback for defendants in asbestos litigation.

At the same time, Nellie Kershaw, a factory worker from Rochdale, England, filed what is thought to be the first well-known legal claim against asbestos-related companies. Kershaw, who had been diagnosed with lung ailments due to her frequent contact with asbestos fibers, tried to get the firm she worked for to pay for her medical treatments. The company was unable to pay. Kershaw died in her 30s from fibrosis.

The second round of asbestos lawsuits centered on people who had been exposed to different kinds of asbestos-containing building materials, like fireproofing sprays and drywall products. Asbestos lawyers also won lawsuits against companies who manufactured the equipment that utilized asbestos-containing products, such as boilers and pumps.

During this time, a variety of documents that implicated asbestos companies were uncovered. These documents proved their involvement in conspiracy and fraud. The documents included personal files of Johns-Manville President Sumner Simpson and correspondence from the general attorney of another asbestos producer, Raybestos Manhattan. These documents revealed a plot between these two companies to hide asbestos' dangers and suppress efforts to warn the public.

In the mid-1980s to early-1990s, when these and other forms of corporate fraud and conspiracy were uncovered in the 1980s, a wave of class action settlements was launched and other efforts were made to reduce asbestos liability by asbestos companies. These attempts were met with strong opposition from plaintiffs' lawyers and their clients, as well as from the public at large.

The Third Cases

In the 1970s, asbestos-related companies were no longer able cover up the dangers of asbestos-related diseases such as mesothelioma from the public. This was due in large part to the fact that major national journals began paying attention to the link between mesothelioma, asbestos, and other respiratory diseases, rather than small industry medical journals and newsletters. As soon as the link between asbestos and serious illness was well-established, victims began filing lawsuits against asbestos manufacturers.

One of the main push factors that led to increased asbestos lawsuits in the 1970s was a court ruling which allowed plaintiffs to apply the legal concept of strict liability. In the past asbestos lawsuits, plaintiffs required proof that asbestos manufacturers were negligent in the way they caused their exposure to asbestos. In the 1973 case of Borel v. Fibreboard a judge ruled asbestos producers liable for any injuries caused by their products if they knew that their product was unsafe, but did not inform their employees or the general public about its dangers.

In the wake of this ruling, a number of asbestos-related companies filed for bankruptcy, a procedure that allows businesses to reorganize in bankruptcy court, set money in trusts to pay asbestos claims, and continue to continue to operate. Johns-Manville is an example. It was hit by numerous lawsuits brought by former factory employees who were suffering from asbestosis, mesothelioma, or lung cancer. Kazan Law set several cases against the manufacturer and was able get punitive damage verdicts against the company.

Asbestos litigation has grown in the past few years because of the increasing number of asbestos-related illnesses. Asbestos litigation is often complex due to the fact that the ailments caused by asbestos can take years to manifest and are not always obvious to those who have been diagnosed.

In addition certain victims have been forced to wait for years to receive compensation from insurance companies after their employers were found to be liable. The US Supreme Court has addressed several cases in which asbestos companies sought to limit their liability by offering settlements in class action. It has also addressed the question of whether individual defendants can be held liable for asbestos related injury.

The Fourth Cases

Asbestos is a very dangerous mineral that has caused the death or sickness of hundreds of thousands of people over the many years. Asbestos was also used extensively by manufacturers who knew it was a risk however they continued to make use of it.

As the legal system tackles asbestos lawsuits and asbestos lawsuits (read this post from Werite), new developments take place every day. One of the most significant legal developments is the ruling Lubbe v. Cape Plc. This set the precedent for victims to sue multinational companies in their home countries to recover compensation.

Often, these cases involve secondary exposure to asbestos. This is when those who work with asbestos on the job pass it to their spouses or children living at home. The family members are affected by mesothelioma as well as other asbestos-related diseases.

There are many lawsuits filed today by the families of victims of this type of situation. Asbestos lawyers can assist families bring a claim against companies responsible for the asbestos injuries of their loved family members.

The rise of class-action lawsuits is a significant development in asbestos attorney litigation. These asbestos lawsuits permit victims to seek justice with the help of a lawyer familiar with the complex legal issues these cases bring.

Certain asbestos attorneys are opposed to this type of litigation. There have been numerous attempts to pass legislation to limit the use class actions in asbestos lawsuits.

The latest major development in asbestos litigation is the filing an action by Massachusetts residents against 4 companies for how they handled asbestos lawyer removal and disposal. The lawsuit alleged that the companies had violated state law by not disposing of asbestos properly and failing to protect residents from harmful dust.

Asbestos litigation has been going on for decades and it will continue to be for a long time to come. The asbestos industry has attempted to avoid responsibility by making legal arguments that are technical and by attempting to pass legislative remedies which would stop victims from seeking justice. It appears that many victims, and their lawyers are determined to get justice done.