Asbestos Lawsuit History

Lawyers like Stanley Levy have helped many asbestos victims. People suffering from asbestos-related illnesses like mesothelioma are able to sue companies that mined asbestos, made or used asbestos.

Nellie Kershaw was the first to file an asbestos lawsuit. She was diagnosed with health issues while working in an Asbestos Attorney fiber plant in England. She died at age 33 of fibrosis of the lung caused by asbestos exposure.

The First Cases

Asbestos is a hazardous mineral that has sickened or killed thousands of people over the years. Asbestos claims are filed for a variety reasons, but they usually involve people who have been exposed to asbestos at work. This can include workers at factories that made asbestos-related products or those working on the construction of buildings that contain asbestos, and even those who were exposed to asbestos secondhand from household products contaminated with asbestos like talcum powder.

Anyone who was exposed to asbestos can develop a number of different illnesses, including mesothelioma and lung cancer, and other respiratory diseases. Many have received compensation for their injuries even though some these diseases are fatal. This is because many countries have laws that require companies that produce dangerous substances to warn people who might be hurt by them.

The first asbestos lawsuit was filed in 1929, and included a woman named Anna Pirskowski. She was suffering from shortness of breathe and thickening in the tissue around the fingertip (known as clubbing). She was awarded a settlement of $75,000 in what is believed to be a first-ever class action lawsuit that dealt with asbestos.

In the years following in the years that followed, more and more asbestos lawsuits were filed. Some of the cases became very large, and many attorneys began to specialise in asbestos litigation. They only took on cases that were serious. One firm that was involved in this was Kazan Law, which in the latter half of the 1980s began to focus on the bringing of cases on behalf of people who had mesothelioma.

Other lawsuits were won by individuals who had suffered from other asbestos-related diseases like asbestosis or plaques in the pleural cavity. The condition that caused them was very similar to mesothelioma making it easier to prove for lawyers. These allegations led to the public disclosure of secret documents which showed how asbestos manufacturers tried to hide the risks they carry. In 1989, the Asbestos Ban & Phase Out Rule was issued.

The Second Cases

As the number of people diagnosed with asbestos-related diseases grew, patients and their families began filing lawsuits against companies that mined, manufactured or sold asbestos-containing products. Additionally, mesothelioma patients made claims against companies that designed and constructed the structures where they worked like shipyards, power plants, refineries and factories. The link between asbestos exposure and mesothelioma growth is solid.

In the early 1980s the legal litigation over asbestos lawsuits started to intensify and courts made rulings on a variety of aspects of the procedure. For example, a federal court ruled that only those suffering from a malignant asbestos-caused disease such as mesothelioma or lung cancer are able to bring lawsuits against the producers of the asbestos products they used. This ruling, known as Borel v. Fibreboard Paper Products Corp. is a major setback to asbestos lawsuit defendants.

At around the same time, Nellie Kershaw, a factory worker from Rochdale, England, filed what is believed to be the first legal claim that is well-known against asbestos-related companies. Kershaw was a factory worker from Rochdale, England was diagnosed with lung problems caused by her close exposure to raw asbestos lawyer fibers. She tried to get her employer to cover the cost of treatment. But, the company was unable to agree. Kershaw passed away in her 30s of fibrosis.

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

During this time, a variety of documents that implicated asbestos companies were discovered. These documents revealed their involvement in conspiracies and fraud. The documents include the personal files of Johns-Manville President Sumner Simpson and correspondence from the general attorney of another asbestos producer, Raybestos Manhattan. These documents revealed the plot of these companies to hide knowledge that asbestos was dangerous and to thwart efforts to inform the public of these dangers.

In the early to mid-1980s in the 1980s, when these and other forms corporate fraud and conspiracy were discovered, a wave class action settlements was launched and other attempts were made to limit asbestos liability were made by asbestos companies. These attempts were met with strong opposition from plaintiffs' attorneys, their clients and the general public.

The Third Cases

In the 1970s, asbestos-related companies could no longer hide the deadly effects of asbestos-related illnesses 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 medical journals and newsletters. As soon as the link between asbestos and serious diseases was well established, victims started filing lawsuits against asbestos producers.

One of the primary push factors that led to an increase in asbestos lawsuits in the 1970s was a court ruling that allowed plaintiffs to use the legal concept of strict liability. Previously asbestos lawyer lawsuits, plaintiffs had to prove that asbestos manufacturers were negligent in causing their asbestos lawyer exposures. However, in the 1973 case of Borel v. Fibreboard, a judge ruled that asbestos manufacturers were responsible for any injuries caused by their products if the company knew that their product was hazardous and did not warn its employees or the public about the dangers.

In the wake of this ruling, a number of asbestos producers filed for bankruptcy, a procedure that allows a business to reorganize itself in bankruptcy court, set money aside in trusts to cover asbestos attorney claims, and then continue to be in operation. Johns-Manville is a notable example. It was a victim of numerous lawsuits filed by former factory workers who suffered from asbestosis, mesothelioma, and lung cancer. Kazan Law set several cases against the manufacturer, and was able to obtain punitive damages verdicts against the company.

Asbestos lawsuits have increased since then due to the growing number of asbestos-related diseases. Asbestos litigation is often complex because the illnesses caused by asbestos can take a long time to manifest and aren't always apparent to those who are 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 dealt with a variety of cases involving settlements for class actions that asbestos companies offered in an attempt to limit their liability and has also looked into the issue of whether it is possible to hold individual defendants liable for asbestos-related injuries.

The Fourth Cases

Asbestos is an incredibly dangerous mineral that has caused the death or sickness of hundreds of thousands of people over the many years. Asbestos was also widely used by manufacturers who knew it was dangerous, but continued to use it.

As the legal system handles asbestos lawsuits new developments are taking place every day. One of the most important legal developments is the decision Lubbe v Cape Plc. This set the precedent for victims to sue multinational companies in their home countries for compensation.

Most of the time, these cases involve exposure to asbestos in the second degree. Workers who handle asbestos at work may pass it on to their families or spouses. The family members then suffer from mesothelioma and other asbestos-related diseases.

Many lawsuits are filed today by the families of victims based on this type of situation. Asbestos lawyers can help families bring a case against companies responsible for the asbestos-related injuries suffered by their loved ones.

Another significant advancement in asbestos litigation has been the emergence of class action lawsuits. These asbestos lawsuits allow victims to pursue justice with the help of a lawyer experienced in the complicated legal issues that these cases present.

While many asbestos attorneys have pushed for this kind of litigation, there are those who are against it. There have been numerous initiatives to pass legislation that restrict the use of class actions in asbestos lawsuits.

The most recent significant advancement in asbestos litigation was the filing of a suit by Massachusetts residents against four companies concerning how they handled asbestos removal and disposal. The lawsuit alleged the companies did not follow state laws by not disposing asbestos properly and failing to protect residents from the harmful dust.

Asbestos litigation is a long-running issue that will likely continue for a long time. The asbestos industry has attempted to shield itself from responsibility using legal arguments that are technical, and by trying to pass legislative remedies that would prevent victims from seeking justice. But, it appears that many victims and their attorneys are determined to get justice.