Asbestos Lawsuit History

Lawyers such as Stanley Levy have helped many asbestos victims. People with asbestos-related diseases like mesothelioma are able to sue companies that mined, manufactured or used asbestos.

The first asbestos lawsuit was filed by Nellie Kershaw. She suffered health issues while working in an asbestos fiber plant in England. She passed away at the age of 33 due to fibrosis that had developed in her lungs, which was caused by asbestos exposure.

The First Cases

Asbestos, a hazardous mineral, has sickened and killed thousands of people throughout the years. Asbestos claims can be filed for many reasons, but they usually involve those who were exposed to asbestos at work. This can include workers at factories that made asbestos-related items as well as those who worked on the construction of structures with asbestos, or who were exposed to asbestos from household products that were contaminated, like talcum powder.

Exposure to asbestos can lead to a variety of diseases that include mesothelioma, lung cancer, and other respiratory problems. Although some of these diseases are extremely serious and could be fatal, a lot of people have been able to obtain compensation for their injuries. This is because many countries have laws that require companies that produce dangerous substances to warn those who may be injured by them.

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

In the years following there were a lot of asbestos lawsuits were filed. Asbestos litigation became a broad area of law and many lawyers began to specialize in asbestos litigation. This meant that they were able to handle the most serious cases. One firm that was involved in this was Kazan Law, which in the latter half of the 1980s began to concentrate on bringing cases on behalf of people with mesothelioma.

Other lawsuits were won by individuals who had suffered from other asbestos-related diseases such as asbestosis or plaques in the pleural cavity. This is because the disease that caused these was very like mesothelioma making it simpler for lawyers to prove. These claims also led to the disclosure of secret documents that showed how manufacturers of asbestos products tried to conceal the 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 disease increased the number of victims and their families began bringing lawsuits. These lawsuits were filed against businesses that mined asbestos, manufactured asbestos-containing products, or sold asbestos-containing goods. Mesothelioma patients also filed claims against companies who created and built the buildings where they worked such as power plants, shipyards and refineries. The connection between asbestos exposure and the development of mesothelioma is strong.

By 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 process. For example a federal court decided that only individuals suffering from a malignant asbestos-caused disease such as mesothelioma or lung cancer are able to bring an action against the makers of the asbestos products they used. The ruling, dubbed Borel v. Fibreboard Paper Products Corp., was a major setback for asbestos lawsuit defendants.

Around the same time, Nellie Kershaw from Rochdale in England filed what is regarded as the first well-known lawsuit filed against asbestos-related companies. Kershaw, who had been diagnosed with lung issues due to her frequent contact with raw asbestos fibers, attempted to get the firm she worked for to cover her treatment. The company was unable to pay. Kershaw passed away in her 30s of fibrosis.

The second round of asbestos lawsuits focused on those who were exposed to various types of asbestos-containing building products such as fireproofing sprays and drywall products. Asbestos lawyers also brought successful cases against companies who produced equipment that contained asbestos-containing materials, such as pumps and boilers.

During this time, many documents incriminating asbestos companies were uncovered. These documents showed their involvement in conspiracy and fraud. These included the personal records of Johns-Manville president Sumner Simpson, as well as correspondence from the general counsel for another asbestos producer, Raybestos Manhattan. These documents revealed a plot between these companies to conceal the dangers of asbestos and suppress efforts to warn the public.

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

The Third Case

In the 1970s, asbestos companies could no longer hide the deadly effects of asbestos-related diseases such as mesothelioma from the public. This was due in large part to the fact major national publications began to pay attention to the link between mesothelioma, asbestos, and other respiratory diseases, rather than small industry medical journals and newsletters. Once the connection between asbestos and serious illness was well established, victims began filing lawsuits against asbestos producers.

One of the major push factors that led to increased asbestos lawsuits in the 1970s was a court decision which allowed plaintiffs to apply the legal concept of strict liability. Previously asbestos lawsuits, plaintiffs had to show that asbestos manufacturers were negligent in the way they caused their asbestos exposures. However, in the 1973 case of Borel v. Fibreboard, a judge declared that asbestos producers were liable for any injuries their products caused if the company knew that their product was unsafe and did not inform its employees or the public about its dangers.

Following this ruling, a lot of asbestos producers have filed for bankruptcy. This procedure permits a business, even though it is still in operation, to organize itself in bankruptcy court and place funds into trusts to pay asbestos claimants. Johns-Manville is a notable example. It was hit by numerous lawsuits brought by former employees who were suffering from asbestosis, mesothelioma, or 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 illnesses. Asbestos litigation is often complicated due to the fact that the ailments caused by asbestos can take a long time to manifest and are not always obvious to those who have been diagnosed.

Additionally certain victims have been forced to wait for years to receive compensation from insurance companies after their employers were found to be accountable. The US Supreme Court has addressed various cases where asbestos companies attempted to limit their liability by offering settlements for class actions. The court has also addressed the question of whether individual defendants could be held liable for injuries resulting from asbestos.

The Fourth Case

Asbestos, a substance that is extremely harmful has killed and sickened hundreds of thousands of people over the decades. Asbestos was also widely used by manufacturers who were aware of its dangers however they continued to employ it.

As the legal system deals with these asbestos lawsuits and asbestos lawsuits, new developments take place all the time. One of the most important legal developments is the decision 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 exposure to asbestos in the second degree. Workers who handle asbestos at work may pass it on to their family members or spouses. The family members suffer from mesothelioma, or other asbestos-related illnesses.

Many lawsuits are filed by the families of victims of this type of situation. Asbestos lawyers can help families file a claim against the company that is responsible for their loved ones' asbestos injuries.

The emergence of class-action lawsuits is a significant development in asbestos litigation. These asbestos lawsuits permit victims to seek justice with the assistance of a lawyer who is well-versed in the legal issues these cases bring.

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

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

Asbestos litigation is a long-standing issue that is likely to continue for many decades to come. The asbestos industry has attempted to avoid responsibility through legal arguments that are technical, and by trying to pass legislative solutions which would hinder victims from seeking justice. It seems that many victims, as well as their lawyers are determined to get justice acted upon.