Asbestos Lawsuit History

Many asbestos victims have been helped by lawyers such as Stanley Levy. Patients suffering from asbestos-related diseases like mesothelioma can sue companies who mined asbestos, made or used asbestos.

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

The First Cases

Asbestos, a dangerous mineral, has afflicted and killed thousands of people over the years. Asbestos claims can be filed for a variety of reasons, but they usually involve people who were exposed to asbestos at work. This includes those who worked in factories that manufactured asbestos-related products or on the construction sites of buildings containing asbestos. It can also include those who were exposed to asbestos through household products such as talcum powder.

People who were exposed to asbestos could develop a variety of illnesses like mesothelioma, lung cancer and other respiratory conditions. While some of these ailments are extremely serious and could be fatal, many people have been able to receive compensation for their injuries. The majority of countries have laws that require companies that create dangerous substances warn anyone who may be injured.

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

Asbest lawsuits continued to be filed in the years following. Some of these cases were extremely large, and a number of attorneys began to specialize in asbestos litigation. They only accepted cases that were important. Kazan Law was one firm that focused on this in the late 80s.

Other lawsuits were won by individuals who been diagnosed with other asbestos-related diseases such as asbestosis or plaques in the pleural cavity. This is because the disease that caused these was similar to mesothelioma and therefore easier 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. In 1989 the Asbestos Ban & Phase Out Rule was issued.

The Second Cases

As the number of people diagnosed with asbestos-related illnesses grew, the victims and their families began bringing lawsuits against companies that mined, manufactured or sold asbestos-containing products. Mesothelioma patients also filed lawsuits against companies that designed and constructed the structures that they worked in including shipyards, power plants, and refineries. The correlation between asbestos exposure and mesothelioma development is strong.

In the early 1980s the legal battles over asbestos lawsuits became more intense and the courts began to rule on many aspects of the case process. For example a federal court decided that only people suffering from a malignant asbestos lawyer-caused illness such as mesothelioma, or lung cancer are eligible to bring lawsuits against the producers of the asbestos products they employed. This ruling, known as Borel v. Fibreboard Paper Products Corp., was a major setback for defendants in asbestos litigation.

At the same time, Nellie Kershaw, a factory worker from Rochdale, England, filed what is thought to be the first well-known legal case against asbestos companies. Kershaw was a factory worker from Rochdale in England, was diagnosed with lung problems caused by her close exposure to asbestos fibers in raw form. Kershaw tried to convince her employer to cover the cost of treatment. The company, however, refused. Kershaw died at 33 years old from lung fibrosis.

The second round of asbestos-related cases focused on workers who worked at construction sites and were exposed types of asbestos-containing building materials such as fireproofing sprays, textures and drywall products. Asbestos lawyers also prevailed in cases against companies that made the equipment that utilized asbestos-containing materials, such as pumps and boilers.

During this time, many documents incriminating asbestos companies were discovered. These documents revealed their involvement in fraud and conspiracies. These included the personal records of Johns-Manville president Sumner Simpson, as well as correspondence from the general counsel of another asbestos manufacturer, Raybestos Manhattan. These documents revealed a conspiracy between these companies to hide the dangers of asbestos and to thwart efforts to warn the public.

In the mid-1980s to early-1990s When these and other forms corporate fraud and conspiracy were uncovered, a wave class action settlement was initiated, as well as other attempts made to reduce asbestos liability by asbestos companies. These attempts were met by fierce resistance from plaintiffs’ attorneys, their clients and the general public.

The Third Case

By the 1970s asbestos companies were no longer able to cover up the dangers of asbestos-related diseases such as mesothelioma from people. This was due in large part to the fact that major national journals began paying attention to the connection between mesothelioma, asbestos and other respiratory diseases, instead of small industry medical journals and newsletters. After the links between asbestos and serious illnesses were established, victims began filing lawsuits against asbestos-related companies.

In the 1970s, a court decision that allowed plaintiffs to use of strict liability as a legal concept was one of the primary reasons for an increase in asbestos lawsuits. Plaintiffs in asbestos cases would have to prove that asbestos manufacturers were negligent in exposing them. However in the 1973 case of Borel v. Fibreboard, a judge declared that asbestos producers were responsible for any injuries their products caused in the event that the company knew their product was dangerous and did not warn its employees or the general public about its dangers.

After this ruling, many asbestos producers were forced to file for bankruptcy. This allows a business, while still operating, to reorganize its affairs in bankruptcy court and place funds into trusts to pay asbestos claimants. Johns-Manville is one of the most notable examples. 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 verdicts against it.

Asbestos litigation has grown in the past few years due to the growing number of asbestos-related diseases. Asbestos lawsuits are often complicated because the diseases that they cause can take a long time to manifest and aren't always evident to those who have been diagnosed.

Additionally there have been cases where victims were forced to wait for years to receive compensation from insurance companies after their employers were found to be responsible. The US Supreme Court has addressed various cases where asbestos companies tried to limit their liability by offering settlements for class actions. It also has considered whether individuals can be held liable for injuries caused by asbestos.

The Fourth Case

Asbestos, a mineral that is extremely harmful has killed and sickened hundreds of thousands over the years. It's also a substance that was extensively used by companies that knew it was deadly, and yet they continued to make use of it in their manufacturing processes.

As the legal system deals with these asbestos lawsuits new developments are taking place all the time. One of the most important 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.

These cases typically involve secondary asbestos exposure. Workers who work with asbestos work may transfer it to their family members or spouses. Family members suffer from mesothelioma and other asbestos-related illnesses.

This type of case is the basis for a variety of lawsuits brought by the families of victims of asbestos today. Asbestos lawyers can help families file a claim against the company responsible for their loved ones' asbestos injuries.

The rise of class-action lawsuits is a major change in asbestos litigation. These asbestos lawsuits permit victims to pursue justice with the aid of a lawyer who is experienced in the complicated legal issues these cases raise.

While a lot of asbestos lawyers have pushed for this kind of litigation, there are those who are against it. In actual fact there have been numerous attempts to pass legislation to limit the use of class actions in asbestos cases.

The most recent major development in asbestos litigation was the filing of a lawsuit by Massachusetts residents against four companies concerning how they handled asbestos lawyer removal and disposal. The lawsuit alleged the companies in violation of state law in not properly disposing asbestos and exposing residents to the harmful dust.

Asbestos litigation has been a long-running problem that will likely persist for many decades to come. The asbestos industry has attempted to avoid accountability by using legal arguments based on technicalities and by trying to pass legislative remedies that would block victims from seeking justice. However, it seems that many victims and attorneys are determined to see justice served.