Asbestos Lawsuit History

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

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

The First Cases

Asbestos, a hazardous mineral, has afflicted and killed thousands throughout the years. Asbestos claims can be filed for various reasons, but they generally involve people who were exposed to the substance at work. This includes employees who worked in factories that produced asbestos-related products or on the construction site of buildings with asbestos. It can also include those who were exposed to asbestos through household products like talcum powder.

Exposure to asbestos can trigger various diseases that include mesothelioma, lung cancer, and other respiratory issues. Many people have been compensated for their injuries even though some these diseases are fatal. Most countries have laws requiring companies that produce dangerous substances to inform anyone who might be injured.

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

In the years following in the years that followed, more and more asbestos lawsuits were filed. Asbestos litigation became a very vast area of law and many attorneys started to specialize in asbestos litigation. This meant that they dealt with the most serious cases. 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 like asbestosis or plaques in the pleural cavity. The condition that caused them was similar to mesothelioma which makes it more straightforward to prove for lawyers. These claims also led to the disclosure of secret documents that revealed how asbestos-related manufacturers attempted to conceal the dangers. In 1989 the Asbestos Ban & Phase Out Rule was issued.

The Second Case

As the number of people suffering from asbestos-related diseases increased, victims and their families began bringing lawsuits against companies that mined, manufactured or sold asbestos-containing products. Additionally, mesothelioma patients filed claims against the companies that designed and built the buildings where they worked, such as shipyards, power plants, factories and refineries. The link between asbestos exposure and mesothelioma growth is very strong.

In the early 1980s, the legal litigation over asbestos lawsuits started to escalate and the courts ruled on many aspects of the procedure. A federal court, for instance determined that only people suffering from asbestos-related malignancies like mesothelioma and lung cancer could take on asbestos manufacturers. products. The ruling, dubbed Borel v. Fibreboard Paper Products Corp., was an important setback for asbestos plaintiffs.

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 an employee in a factory in Rochdale, England was diagnosed with lung issues caused by her close exposure to asbestos fibers. She attempted to convince her employer to pay for the treatment. The company was unable to pay. Kershaw died at 33 years old from lung fibrosis.

The second round of asbestos lawsuits focused on those who were exposed to various kinds of asbestos-containing building materials, like fireproofing sprays and drywall products. Asbestos attorneys also brought successful cases against companies who manufactured equipment that used asbestos-containing materials, like pumps and boilers.

During this time, a number of incriminating documents were uncovered that demonstrated asbestos companies have been involved in fraud and conspiracy. This 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 shady alliance between these companies to hide the dangers of asbestos and suppress efforts to warn the public.

The discovery of these, and other forms of corporate fraud and collusion in the early to mid-1980s caused a surge of class action settlements and other attempts at limiting asbestos liability for asbestos companies. These attempts were met by massive opposition from plaintiffs' attorneys, their clients and the public.

The Third Case

By the 1970s asbestos companies were no longer able conceal the devastating effects of asbestos lawyers-related diseases such as mesothelioma from the general public. This was due in large part to the fact that major national publications began to pay attention to the connection between mesothelioma, asbestos and other respiratory illnesses, as opposed to small industry newsletters and medical journals. When the link between asbestos and serious diseases was well established, victims started filing lawsuits against asbestos producers.

In the 1970s, a court decision that allowed plaintiffs the use of strict liability as a legal theory was one of the main factors that led to an increase in asbestos lawsuits. Previously asbestos lawsuits, plaintiffs required proof that asbestos manufacturers were negligent in the way they caused their asbestos exposures. In the 1973 case of Borel v. Fibreboard a judge ruled asbestos manufacturers liable for any injuries caused by their products if they knew their product was unsafe, but did not inform their employees or the general public about the dangers.

After this ruling, many asbestos producers have filed for bankruptcy. This allows a business, while still in operation, to reorganize its affairs in bankruptcy court and place money into trusts to pay asbestos claimants. Johns-Manville is an example. It was a victim of numerous lawsuits filed by former workers who suffered from asbestosis, mesothelioma, or lung cancer. Kazan Law brought several cases against the manufacturer and was able win punitive damages verdicts against it.

Since then asbestos litigation has continued increase due to the increasing number of victims suffering from asbestos-related diseases. Asbestos lawsuits are often complicated due to the ailments that they cause can take a long time to manifest themselves and are not always immediately evident to those who have been diagnosed.

A few victims have been forced to wait for years for reimbursement from insurance companies even after their employers were found responsible. The US Supreme Court has dealt with a variety of cases involving settlements for class actions that asbestos companies offered to try to limit their liability and has also looked into the issue of whether it is possible to hold individuals responsible for asbestos-related injury.

The Fourth Case

Asbestos is a highly dangerous mineral, which has sickened or killed hundreds of thousands of people over the many years. Asbestos was also widely used by manufacturers who knew it was a risk, but continued to use it.

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

Often, these cases are accompanied by secondary exposure to asbestos. Workers who handle asbestos at work may pass it on to their family members or spouses. The family members suffer from mesothelioma and other asbestos lawyers-related diseases.

This type of situation is the basis for a variety of lawsuits filed by relatives of victims in the present. Asbestos attorneys can help families bring a claim against the responsible parties for the asbestos injuries of their loved relatives.

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

While many asbestos attorneys have advocated for this type of litigation, there are certain people who do not support it. In actual fact there have been a number of attempts to pass legislation to limit the use of class actions in asbestos cases.

The most recent major change in asbestos litigation was the filing of a lawsuit by Massachusetts residents against four companies over the way they dealt with asbestos abatement and disposal. The lawsuit alleged that the companies violated the law of the state by not properly disposing of asbestos and failing to protect residents from the harmful dust.

Asbestos litigation is a long-running problem that will likely persist for many decades to come. The asbestos industry has attempted to shield itself from responsibility using legal arguments based on technicalities, and by trying to pass legislative solutions that would prevent victims from seeking justice. It appears that a lot of victims, and their lawyers are determined to see justice acted upon.