5 Things That Everyone Is Misinformed About Concerning Asbestos Lawsuit History

Asbestos Lawsuit History

Many asbestos victims have received help from lawyers such as Stanley Levy. People with asbestos-related diseases such as mesothelioma can sue companies who mined or manufactured asbestos.

Nellie Kershaw filed the first asbestos lawsuit. She was diagnosed with health issues while working in an asbestos fiber plant in England. She died at the age of 33 from fibrosis of the lungs caused by asbestos exposure.

The First Cases

Asbestos, a hazardous mineral, has afflicted and killed thousands over the years. Asbestos claims can be filed for many reasons, but they usually involve those who were exposed to asbestos attorney at work. This includes workers who worked in factories that made asbestos-related products or at the construction site of buildings that contain asbestos. It can also include those who were exposed to asbestos through household products such as talcum powder.

People who were exposed to asbestos may develop a variety of illnesses like mesothelioma, lung cancer, and other respiratory ailments. Although some of these diseases are extremely serious and could be fatal, many have been able to obtain compensation for their injuries. Most countries have laws requiring manufacturers of dangerous substances to warn anyone who may be injured.

The first asbestos lawsuit was filed in 1929. It was filed by a woman whose name was Anna Pirskowski. She was suffering from a variety of symptoms, including shortness of breath and thickening of the fingertip tissue known as clubbing. She was awarded an amount of $75,000 as a settlement that is believed to be the first class action lawsuit filed in relation to asbestos.

In the years that followed there were a lot of asbestos lawsuits were filed. Asbestos litigation became a very broad area of law and many attorneys started to specialize in asbestos litigation. They only took on cases that were important. One company that took on this was Kazan Law, which in the latter half of the 1980s began to focus on taking on cases for mesothelioma patients.

Other lawsuits were won by people who suffered from other asbestos-related diseases like asbestosis or plaques in the pleural cavity. The disease that caused them was similar to mesothelioma and therefore more straightforward to prove for lawyers. These claims also led to the disclosure of secret documents that showed the way asbestos producers attempted to conceal the dangers. This led to the Asbestos Ban and Phase Out Rule being issued in 1989.

The Second Case

As the number of people diagnosed with asbestos-related diseases grew, victims and families began filing lawsuits. These lawsuits were filed against companies that mined asbestos, manufactured asbestos-containing products or sold asbestos-containing products. In addition, mesothelioma sufferers filed claims against the companies that designed and constructed the buildings where they worked, such as power plants, shipyards, refineries and factories. The connection between asbestos exposure and mesothelioma development is strong.

In the early 1980s the legal battle over asbestos lawsuits began to get more intense and the courts ruled on many aspects of the litigation process. For example, a federal court ruled that only people suffering from malignant asbestos-related illness such as mesothelioma, or lung cancer are able to file an action against the makers of the asbestos products they used. The ruling, dubbed Borel v. Fibreboard Paper Products Corp. was an important setback for defendants in asbestos litigation.

At the same time, Nellie Kershaw from Rochdale in England filed what is now regarded as the first known lawsuit against asbestos-related companies. Kershaw, factory worker from Rochdale, England was diagnosed with lung issues due to her exposure to asbestos fibers. She tried to get her employer to cover the cost of treatment. The company was unable to pay. Kershaw passed away at 33 years old from lung fibrosis.

The second wave of asbestos cases focused on those who worked in construction sites and were exposed to various kinds of asbestos-containing building materials including fireproofing sprays drywall materials and textures. Asbestos lawyers also brought successful cases against companies who made equipment that utilized asbestos-containing materials, like pumps and boilers.

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 the personal documents of Johns-Manville President Sumner Simpson and correspondence from the general attorney for another asbestos producer, Raybestos Manhattan. These documents revealed a shady alliance between these companies to conceal asbestos' dangers and suppress efforts to warn the public.

The discovery of these, and other forms of corporate fraud and collusion in the mid- to late 1980s sparked a wave of class action settlements as well as other attempts to limit asbestos liability for asbestos companies. These efforts were met with a fierce opposition from plaintiffs' lawyers and their clients, as as the general public in general.

The Third Case

By the 1970s asbestos companies were no longer able to conceal the devastating effects of asbestos-related diseases like mesothelioma from the public. This was due to the fact that the link between asbestos and illnesses such as mesothelioma, asbestosis and other respiratory problems started receiving attention from major national publications instead of just small medical journals or industry newsletters. When the link between asbestos and serious illnesses was well-established, victims began making lawsuits against asbestos producers.

One of the primary driving 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. Plaintiffs in asbestos cases would need to prove that asbestos producers were negligent for exposing them. However in the 1973 case of Borel v. Fibreboard, a judge declared that asbestos producers were liable for any injuries they caused when the company knew their product was dangerous and failed to warn its employees or the general public about its dangers.

In the wake of this ruling, a number of asbestos producers were forced to file for bankruptcy, a process that allows businesses to reorganize itself in bankruptcy court, set money aside in trusts to cover asbestos claims, and then continue to be in operation. Johns-Manville is a notable example. It was hit by numerous lawsuits brought by former workers who suffered from asbestosis, mesothelioma and lung cancer. Kazan Law set several cases against the manufacturer and was able to get punitive damage verdicts against the company.

Asbestos litigation has grown in the past few years due to the rising number of asbestos-related illnesses. Asbestos cases are often complex due to the ailments that they cause can take a long time to manifest themselves and are not always evident to those who have been diagnosed.

Some victims have also had to wait years for reimbursement from insurance companies even after their employers were found responsible. The US Supreme Court has dealt with several cases involving settlements for class actions that asbestos companies offered to try to limit their liability, and it has also pondered the issue of whether it is possible to hold individuals responsible for asbestos-related injury.

The Fourth Case

Asbestos is a highly hazardous mineral that has sickened or killed hundreds of thousands of people over the many years. Asbestos was also extensively used by companies who were aware of its dangers however they continued to employ it.

As the legal system deals these asbestos lawsuits with a constant stream of new developments. One of the most significant legal developments is the decision Lubbe v Cape Plc. This set the precedent for victims to sue multinational companies in their home countries to recover compensation.

These cases typically involve secondary exposure to asbestos. Workers who work with asbestos work may transfer it to their families or spouses. The family members suffer from mesothelioma or other asbestos-related illnesses.

This type of situation is the basis of many lawsuits brought by the families of victims today. Asbestos lawyers can help families file a claim against the companies that caused the asbestos-related injuries suffered by their loved ones.

Another big change in asbestos litigation has been the rise of class action lawsuits. These asbestos lawsuits provide victims the chance to pursue justice with the help of an attorney who is familiarized with the complex legal issues these cases present.

While many asbestos attorneys have pushed for this type of litigation, there are also some who oppose it. There have been several attempts to pass legislation to limit the use of class actions in asbestos lawsuits.

The most recent significant development in asbestos litigation was the filing of a lawsuit filed by Massachusetts residents against four companies regarding how they handled asbestos lawyer abatement and disposal. The lawsuit claimed that the companies violated state laws by not disposing asbestos properly and exposing residents to toxic dust.

Asbestos litigation has been ongoing for decades, and it's likely that it will continue to do so well into the future. The asbestos industry has attempted to avoid responsibility through technical legal arguments, and by trying to pass legislative remedies which would hinder victims from seeking justice. It seems that many victims, as well as their lawyers, are determined to see justice done.