The Best Way To Explain Asbestos Lawsuit History To Your Boss

Asbestos Lawsuit History

Lawyers like Stanley Levy have helped many asbestos victims. Patients suffering from mesothelioma or other asbestos-related diseases can sue companies who produced, mined or used asbestos or asbestos attorney-containing products.

The first asbestos lawsuit was filed by Nellie Kershaw. She worked at a factory that spun asbestos fibers in England and developed health issues. She died at the age of 33 of fibrosis in the lung due to asbestos exposure.

The First Cases

Asbestos, a hazardous mineral, has infected and killed thousands over the years. Asbestos claims can be filed for a variety of reasons, but they generally involve those who were exposed to asbestos at work. This could include workers in factories that produced asbestos-related products, people who worked in the construction of buildings containing asbestos and even those who were exposed to asbestos from household products contaminated with asbestos such as talcum powder.

Exposure to asbestos can lead to various illnesses which include mesothelioma, lung cancer, and other respiratory issues. Although some of these diseases are serious and may be fatal, many have been able to obtain compensation for their injuries. Most countries have laws requiring companies that produce dangerous substances to warn anyone who could be injured.

The first asbestos lawsuit was filed in 1929 and was filed by a woman whose name was Anna Pirskowski. She was suffering from a variety of ailments, including shortness of breath and the thickening of the fingertip tissue known as clubbing. She received a settlement worth $75,000 in what is believed to be the first-ever class action lawsuit that dealt with asbestos.

In the years following, more and more asbestos lawsuits were filed. Some of the cases became very large, and many attorneys started to specialize in asbestos litigation. This meant that they only took on the most serious cases. Kazan Law was one firm that focused on this in the late 80s.

Other lawsuits have been won by those who suffered from asbestos-related illnesses like asbestosis and pleural plaques. The condition that caused them was similar to mesothelioma which makes it easier to prove for lawyers. These claims also led to the revelation of secret documents that demonstrated how asbestos-related manufacturers tried to hide the dangers. In 1989 the Asbestos Ban & Phase Out Rule was issued.

The Second Case

As the number diagnosed with asbestos-related disease increased the number of victims and their families began bringing lawsuits. These lawsuits were brought against companies who mined asbestos, made asbestos-containing products or sold asbestos-containing products. In addition, mesothelioma sufferers filed claims against the companies that designed and built the buildings where they worked like shipyards, power plants refineries and factories. The link between asbestos exposure and mesothelioma's development is strong.

In the early 1980s, the legal litigation over asbestos lawsuits grew more ferocious, and courts began to rule on various aspects of the case process. For example a federal court decided that only people suffering from malignant asbestos-related illness such as mesothelioma, or lung cancer are able to file a lawsuit against the manufacturers of the asbestos products they used. The ruling, dubbed Borel v. Fibreboard Paper Products Corp. was a major setback to asbestos lawsuit defendants.

At the same time, Nellie Kershaw, a factory worker from Rochdale, England, filed what is considered the first well-known legal case against asbestos companies. Kershaw was a factory worker from Rochdale, England was diagnosed with lung problems caused by her frequent exposure to asbestos fibers. She attempted to convince her employer to cover the cost of treatment. The company was unable to pay. Kershaw passed away at 33 years old of 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 such as fireproofing sprays, drywall products and textures. Asbestos lawyers also won cases against companies that made the equipment that made use of asbestos-containing products, such as pumps and boilers.

During this time, a number of incriminating documents were uncovered that proved asbestos companies' involvement in conspiracy and fraud. The documents included 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 hide the dangers of asbestos and to thwart efforts to warn the public.

In the early to mid-1980s When these and other forms corporate fraud and conspiracy were exposed in the 1980s, a wave of class action settlements was launched, along with other attempts made to limit asbestos liability by asbestos companies. These attempts were met by fierce resistance from plaintiffs’ attorneys as well as their clients and the public.

The Third Cases

By the 1970s, asbestos-related companies had lost the ability to keep information about the deadly effects of mesothelioma and the other asbestos-related illnesses from the public. This was due in large part to the fact that the link between asbestos and diseases such as mesothelioma, asbestosis and other respiratory ailments began receiving attention from major national publications instead of small industry newsletters or medical journals. When the link between asbestos and serious illness was established, patients began filing lawsuits against asbestos producers.

In the 1970s, a court ruling which allowed plaintiffs to make use of strict liability as a legal concept was one of the primary reasons for an increase in asbestos lawsuits. In the past, plaintiffs in asbestos cases had to show that asbestos manufacturers were negligent in causing their exposure to asbestos. In the 1973 case Borel v. Fibreboard a judge ruled asbestos manufacturers accountable for any injuries resulting from their products if they knew their product was unsafe, but did not inform their employees or the general public about the dangers.

After the ruling, a number of asbestos attorneys producers filed for bankruptcy. This permits a business, even though it is still in operation, to organize itself in bankruptcy court and put money in trusts to pay asbestos claimants. Johns-Manville was a particularly notable example, as it was the subject of numerous lawsuits brought by former factory workers suffering from asbestosis, lung cancer, and mesothelioma. Kazan Law set several cases against the manufacturer, and was able to win punitive damage verdicts against the company.

Since the time, asbestos litigation has continued grow due to the rising number of victims suffering from asbestos-related ailments. Asbestos cases can be complicated, as the illnesses they cause can take decades to manifest and are not always immediately evident to those who have been diagnosed.

Some victims have been waiting for years to receive settlements from insurance companies, even after their employers were found responsible. The US Supreme Court has dealt with a variety of cases involving class action settlements 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 an incredibly hazardous mineral that has killed or sickened hundreds of thousands of people over the decades. Asbestos was also widely used by companies who knew it was dangerous however they continued to use it.

As the legal system deals asbestos lawsuits with a constant stream of new developments. One of the most important legal developments is a ruling called Lubbe v Cape Plc, which set the precedent for victims to sue multinational companies in their home jurisdictions for compensation.

These cases often result in 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 then suffer from mesothelioma or other asbestos-related illnesses.

This kind of case is the basis for many lawsuits filed by relatives of victims today. Asbestos lawyers can aid families file a claim against the company responsible for their loved ones' asbestos-related injuries.

Another major advancement in asbestos litigation is the increase in class action lawsuits. These asbestos lawsuits give victims the opportunity to seek justice through the assistance of an attorney familiarized with the complex legal issues these cases bring up.

While a lot of asbestos lawyers have pushed for this kind of lawsuit, there are those who are against it. There have been numerous attempts at passing 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 abatement and disposal. The lawsuit claimed that the firms in violation of state law in not properly disposing asbestos attorneys lawyer [more tips here] and failing to protect residents from toxic dust.

Asbestos litigation has been ongoing for a long time, and it's likely that it will continue to be throughout the years to come. The asbestos industry has tried to avoid accountability by making legal arguments that are technical and by trying to pass legislative solutions that would block victims from seeking justice. It appears that a lot of victims, and their lawyers are determined to get justice done.