Asbestos Lawsuit History

Lawyers such as Stanley Levy have helped many asbestos victims. People with asbestos-related diseases, such as mesothelioma, can sue companies who mined or manufactured asbestos.

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

The First Cases

Asbestos, a hazardous mineral, has sickened and killed thousands over the years. Asbestos claims can be filed for various reasons, but they typically involve those who were exposed to the substance at work. This includes those who worked in factories that manufactured asbestos-related products, or on the construction sites of buildings with asbestos. It can also include those who were exposed to asbestos by using household products, such as talcum powder.

Exposure to asbestos can trigger various illnesses that include mesothelioma, lung cancer and other respiratory problems. Many have been awarded compensation for their injuries even though some these diseases are fatal. The majority of countries have laws that require companies that create dangerous substances warn anyone who could be injured.

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

In the years that followed, more and more asbestos lawsuits were filed. Some of these cases were extremely large, and a number of attorneys began to specialise in asbestos litigation. They only accepted cases that were extremely important. Kazan Law was one firm that was focusing on this in the late 80s.

Other lawsuits have been won by those who suffered from asbestos-related illnesses, such as asbestosis and plaques in the pleural cavity. This is because the disease that caused them was similar to mesothelioma, making it more straightforward for lawyers to prove. These allegations led to the public disclosure of secret documents which showed how asbestos product manufacturers tried to hide their risks. This led to the Asbestos Ban and Phase Out Rule being announced in 1989.

The Second Cases

As the number of people suffering from asbestos-related diseases increased, victims and their families began filing lawsuits against companies that mined, produced or sold asbestos-containing products. Mesothelioma patients also filed claims against the companies that designed and constructed the structures that they worked in, including shipyards, power plants, and refineries. The connection between asbestos attorney exposure and mesothelioma's development is strong.

In the early 1980s, the legal battle over asbestos lawsuits began to escalate and the courts made rulings on a variety of aspects of the litigation procedure. For example a federal court decided that only those suffering from malignant asbestos-related disease such as mesothelioma or lung cancer are able to file a lawsuit against the manufacturers of asbestos-related products they employed. This ruling, also referred to as Borel V. Fibreboard Paper Products Corp. was an important setback in asbestos litigation.

The same time, Nellie Kershaw from Rochdale in England filed what is regarded as the first known lawsuit against asbestos-related companies. Kershaw was an employee in a factory in Rochdale, England, was diagnosed with lung problems caused by her frequent exposure to asbestos fibers in raw form. Kershaw tried to convince her employer to cover the cost of treatment. The company, however, refused. Kershaw passed away in her 30s from fibrosis.

The second phase of asbestos lawsuits centered on those who were exposed to various types asbestos-containing building products, such as fireproofing sprays and drywall products. Asbestos lawyers also won cases against companies that made the equipment that made use of asbestos-containing materials, such as boilers and pumps.

During this period, numerous documents incriminating asbestos companies were discovered. These documents revealed their involvement in conspiracies 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 uncovered the conspiracy of these companies to conceal knowledge that asbestos was dangerous and to suppress efforts to inform the public about the dangers.

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

The Third Cases

In the 1970s, asbestos companies were no longer able to cover up the dangers of asbestos-related diseases such as mesothelioma from the general public. This was due in large part to the fact that the connection between asbestos and ailments like asbestosis, mesothelioma and respiratory diseases like asthma began getting attention from major national publications instead of just small industry newsletters or medical journals. Once the links between asbestos and serious illnesses were well-established and the victims began filing lawsuits against asbestos manufacturers.

One of the major driving factors that led to increased asbestos lawsuits in the 1970s was a ruling by the courts which allowed plaintiffs to apply the legal concept of strict liability. In the past asbestos lawsuits, plaintiffs had to prove that asbestos manufacturers were negligent in causing their asbestos exposures. In the 1973 case of Borel v. Fibreboard a judge ruled asbestos producers liable for any injuries resulting from their products if they knew that their product was unsafe, but did not inform their employees or the general public about its dangers.

After the ruling, a number of asbestos producers filed for bankruptcy. This procedure allows a business, while still in operation, to reorganize itself in bankruptcy court and to put money into trusts to pay asbestos claimants. Johns-Manville is an example. It was a victim of numerous lawsuits filed by former factory workers who were diagnosed with asbestosis, mesothelioma, or lung cancer. Kazan Law brought several cases against the manufacturer and was able get punitive damages against it.

Asbestos litigation has increased in the past few years because of the increasing number of asbestos-related diseases. Asbestos litigation is often complicated because the diseases caused by asbestos can take a long time to manifest and are not always apparent to those diagnosed.

A few victims have been waiting for years to receive compensation from insurance companies even after their employers were found liable. The US Supreme Court has dealt with several cases involving class action settlements that asbestos companies offered to try to limit their liability and it has also considered the issue of whether it is possible to hold individuals responsible for injuries caused by asbestos.

The Fourth Cases

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

As the legal system tackles asbestos lawsuits and asbestos lawsuits, new developments take place all the time. One of the most significant legal developments is the ruling Lubbe v. Cape Plc. This set a precedent allowing victims to sue multinational corporations in their home countries to recover compensation.

Often, these cases 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 diseases.

This type of case is the basis of many lawsuits filed by families of victims today. Asbestos lawyers can assist families bring a claim against the responsible parties for the asbestos-related injuries suffered by their loved family members.

The emergence of class-action lawsuits is a major change in asbestos litigation. These asbestos lawsuits permit victims to seek justice with the assistance of a lawyer familiar with the complex legal issues these cases bring.

Certain asbestos attorneys are against this kind of litigation. There have been several attempts to pass legislation to limit the use class actions in asbestos lawsuits.

The most recent major advancement in asbestos litigation is the filing of a suit by Massachusetts residents against four companies over their handling of asbestos removal and disposal. The lawsuit alleged the companies did not follow state laws by not properly disposing of asbestos and failing to protect residents from the harmful dust.

Asbestos litigation is a long-standing issue that is likely to continue for a long time. The asbestos industry has tried to avoid responsibility by making legal arguments that are technical and attempting to pass legislative remedies that would block victims from seeking justice. It seems that many victims, as well as their lawyers, are determined to see justice acted upon.