Asbestos Lawsuit History

Many asbestos victims have received help from lawyers like Stanley Levy. Patients suffering from mesothelioma and asbestos-related illnesses can sue companies that produced, mined or used asbestos or asbestos-containing products.

Nellie Kershaw filed the first asbestos lawsuit. She worked in a factory that spun asbestos fibers in England and developed health problems. She passed away at 33 due to fibrosis of her lungs, which was caused by asbestos exposure.

The First Cases

Asbestos is a dangerous mineral that has ill-treated or killed thousands of people over the course of time. Asbestos claims are filed for a variety reasons, but most often involve those who have been exposed to asbestos at work. This can include workers at factories that produced asbestos-related products, people who worked on the construction of structures with asbestos attorney, or who were exposed to asbestos from contaminated household products like talcum powder.

Anyone who was exposed to asbestos may develop a number of different diseases including mesothelioma, lung cancer, and other respiratory conditions. While some of these ailments are extremely serious and could be fatal, a lot of people have been able to receive compensation for their injuries. The majority of countries have laws that require companies that create dangerous substances inform anyone who might be injured.

The first asbestos lawsuit was filed in 1929, and involved a woman named Anna Pirskowski. She was suffering from shortness of breath and thickening in the tissue around the fingertip (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.

Asbest lawsuits continued to be filed in the years that followed. Some of these cases were extremely large, and a number of attorneys began to specialise in asbestos litigation. This meant that they only took on the most serious cases. One firm that did this was Kazan Law, which in the late 1980s started to focus on the bringing of cases on behalf of people who had mesothelioma.

Other lawsuits have been won by people who suffered from asbestos-related ailments like asbestosis and plaques in the pleural cavity. This is due to the fact that the disease that caused them was similar to mesothelioma and therefore more straightforward for lawyers to prove. These claims also led to the disclosure of secret documents that demonstrated how manufacturers of asbestos products attempted to conceal the dangers. 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, victims and families began bringing lawsuits. These lawsuits were brought against companies that mined asbestos, produced asbestos-containing products, or sold asbestos-containing goods. Mesothelioma victims also filed lawsuits against companies that created and built the buildings that they worked in including power plants, shipyards and refineries. The link between asbestos exposure and the development of mesothelioma is strong.

In the early 1980s the legal battle over asbestos lawsuits began to escalate and the courts ruled on many aspects of the process. For example, a federal court ruled that only individuals suffering from malignant asbestos-related illness such as mesothelioma, or lung cancer are eligible to bring a lawsuit against the manufacturers of the asbestos products they employed. This ruling, 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 was the first to file what is now seen as the first known lawsuit against asbestos-related companies. Kershaw, who had been diagnosed with lung issues caused by her close contact with asbestos fibers, tried to get the company she worked for to pay for her medical treatments. But, the company was unable to agree. Kershaw passed away in her 30s from fibrosis.

The second round of asbestos-related cases focused on those who worked in construction sites and were exposed to different types of asbestos-containing building materials, including fireproofing sprays, drywall products and textures. Asbestos lawyers also prevailed in lawsuits against companies who manufactured the equipment that used asbestos-containing products, such as boilers and pumps.

During this period, numerous documents that implicated asbestos companies were uncovered. These documents revealed their involvement in conspiracies and fraud. The documents included personal files 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 to thwart efforts to warn the public.

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

The Third Case

By the 1970s asbestos companies were no longer able cover up the dangers of asbestos-related illnesses like mesothelioma from people. 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 illnesses, as opposed to small industry newsletters and medical journals. As soon as the link between asbestos and serious illness was well established, victims began filing lawsuits against asbestos producers.

One of the main driving factors that led to increased asbestos lawsuits in the 1970s was a court decision that allowed plaintiffs to use the legal theory of strict liability. In the past asbestos lawsuits, plaintiffs had to prove that asbestos manufacturers were negligent in causing their exposure to asbestos. In the 1973 case of Borel v. Fibreboard a judge ruled asbestos manufacturers liable for any injuries that resulted from their products if they knew their product was unsafe, but did not warn their employees or the general public about the dangers.

In the wake of this ruling, a number of asbestos manufacturers have filed for bankruptcy, a procedure that allows a business to be reorganized in bankruptcy court, set money in trusts to pay for asbestos lawyer claims, and continue to be in operation. Johns-Manville is an example. It was hit by many lawsuits filed by former factory workers who were diagnosed with asbestosis, mesothelioma, or lung cancer. Kazan Law set several cases against the manufacturer and was able win punitive damage verdicts against the company.

Asbestos litigation has increased since then due to the rising number of asbestos-related diseases. Asbestos cases are often complex because the diseases they cause can take years to manifest themselves and are not always obvious to those diagnosed.

Some victims have also been waiting for years to receive reimbursement from insurance companies even after their employers were found responsible. The US Supreme Court has addressed various cases where asbestos companies sought to limit their liability by offering settlements for class actions. It has also discussed whether individuals can be held accountable for injuries caused by asbestos.

The Fourth Cases

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

As the legal system deals asbestos lawsuits, there are always new developments. One of the most significant legal developments is the decision Lubbe v. Cape Plc. This set an example for asbestos victims to sue multinational corporations in their home countries for compensation.

Often, these cases involve secondary exposure to asbestos. This happens when workers who handle asbestos on the job pass it to their spouses or children living at home. The family members suffer from mesothelioma, or other asbestos-related diseases.

There are many lawsuits filed today by the families of victims based on this type of situation. Asbestos lawyers can aid families file a lawsuit against the company responsible for their loved ones' asbestos injuries.

Another major development in asbestos litigation has been the emergence of class action lawsuits. These asbestos lawsuits offer victims the opportunity to seek justice through the assistance of an attorney who is familiarized with the complex legal issues that these cases raise.

While many asbestos attorneys have pushed for this kind of litigation, there are also some who oppose it. There have been numerous attempts at passing legislation to restrict the use of class actions in asbestos lawsuits.

The most recent major advancement in asbestos litigation is the filing a lawsuit by Massachusetts residents against four companies for how they handled asbestos removal and disposal. The lawsuit alleged the companies violated state laws by not disposing asbestos properly and failing to protect residents from toxic dust.

Asbestos litigation has been a long-running issue that will likely continue for many decades to come. The asbestos industry has attempted to shield itself from responsibility by using legal arguments based on technicalities and attempting to pass legislative remedies that would block victims from seeking justice. It appears that a lot of victims, as well as their lawyers are determined to get justice done.