Asbestos Lawsuit History

Lawyers such as 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.

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

The First Cases

Asbestos is a hazardous mineral that has ill-treated or killed thousands of people over time. Asbestos claims can be filed for various reasons, but they generally 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 with asbestos. It can also include people who were exposed asbestos by using household products, such as talcum powder.

Exposure to asbestos can trigger many different diseases which include mesothelioma, lung cancer and other respiratory ailments. Many have been compensated for their injuries, even though some of these diseases are fatal. This is due to the fact that most countries have laws that require companies who create dangerous substances to inform people who might 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 a range of symptoms including breathlessness and thickening of the tissue around the fingers, also known as clubbing. She was awarded an amount of $75,000 in settlement and is believed to be the first class action lawsuit in relation to asbestos.

In the years following in the years that followed, more and more asbestos lawsuits were filed. Some of the cases became extremely large, and a number of attorneys began to specialize in asbestos litigation. This meant that they only took on the most serious cases. One firm that was involved in this was Kazan Law, which in the late 1980s started to focus on taking on cases for people with mesothelioma.

Other lawsuits have been won by people who suffered from asbestos-related illnesses like asbestosis and plaques in the pleural cavity. The disease that caused them was very similar to the mesothelioma, which makes it simpler to prove for lawyers. These claims also led to the disclosure of secret documents that showed how manufacturers of asbestos products attempted to conceal the dangers. In 1989 the Asbestos Ban & Phase Out Rule was enacted.

The Second Case

As the number of people suffering from asbestos-related illnesses grew, the victims and their families began to file lawsuits against companies that mined, made or sold asbestos-containing products. Mesothelioma victims also filed claims against companies that created and built the buildings where they worked such as shipyards, power plants, and refineries. The link between mesothelioma and asbestos exposure is solid.

In the early 1980s the legal fights over asbestos lawsuits got more intense and the courts began to rule on a variety of aspects of the litigation process. A federal court, for instance, ruled that only those suffering from malignant asbestos-caused diseases like mesothelioma or lung cancer were able to sue the manufacturers of asbestos products. This ruling, also known as Borel V. Fibreboard Paper Products Corp. was a major setback in asbestos litigation.

Around the same time, Nellie Kershaw from Rochdale in England was the first to file what is now seen as the first well-known lawsuit against asbestos companies. Kershaw was diagnosed with lung ailments due to her close contact with raw asbestos fibers, tried to get the company she worked for to cover her treatment. The company was unable to pay. Kershaw passed away at 33 years old from lung fibrosis.

The second wave of asbestos cases centered on those who worked in construction sites and were exposed to different kinds of asbestos-containing building materials including fireproofing sprays textures and drywall products. Asbestos lawyers also successfully brought cases against companies that manufactured the equipment that made use of asbestos-containing materials, such as pumps and boilers.

During this time, a variety of documents that implicated 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 for another asbestos producer, Raybestos Manhattan. These documents revealed a plot between these two companies to hide asbestos' dangers and to thwart efforts to warn the public.

The discovery of these and other types 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 with strong opposition from plaintiffs' lawyers and their clients, as as from the public at large.

The Third Cases

By the 1970s, asbestos-related companies had lost the ability to keep information about the devastating effects of mesothelioma and the other asbestos-related diseases from the public. This was largely due to the fact that the link between asbestos and diseases such as mesothelioma, asbestosis and other respiratory ailments began receiving attention from major national publications instead of small industry newsletters or medical journals. As soon as the link between asbestos and serious illness was well established, victims began filing lawsuits against asbestos manufacturers.

In the 1970s, a decision by the courts that allowed plaintiffs to recourse to strict liability as a legal principle was one of the main factors that led to an increase in asbestos lawsuits. Plaintiffs in asbestos cases used to need to prove that asbestos producers were negligent for exposing them. However, in the 1973 case of Borel v. Fibreboard, a judge ruled that asbestos manufacturers were accountable for any injuries they caused if the company knew that their product was dangerous and did not inform its employees or the general public about its dangers.

After the ruling, a number of asbestos producers were forced to file for bankruptcy. This process permits a business, even though it is still operating, to reorganize its affairs in bankruptcy court and place money into trusts to pay asbestos claimants. Johns-Manville is a notable example. It was the victim of numerous lawsuits brought by former factory workers who suffered from asbestosis, mesothelioma, or lung cancer. Kazan Law brought several cases against the manufacturer, and was able to obtain punitive damages verdicts against it.

Asbestos litigation has grown since then due to the rising number of asbestos-related illnesses. Asbestos litigation is often complicated due to the fact that the ailments caused by asbestos can take years to manifest and aren't always apparent to those who are diagnosed.

In addition 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 dealt with several cases involving class action settlements that asbestos companies offered to try to limit their liability and it has also pondered the issue of whether it is possible to hold individual defendants liable for asbestos-related injuries.

The Fourth Case

Asbestos is a very hazardous mineral that has killed or sickened hundreds of thousands of people over the years. Asbestos was also extensively used by manufacturers who knew it was a risk however they continued to make use of it.

As the legal system handles asbestos lawsuits, there are always new developments. One of the most significant legal developments is a decision called Lubbe v Cape Plc, which set an example that allows asbestos victims to sue multinational companies in their home jurisdictions for compensation.

These situations usually involve secondary exposure to asbestos. This happens when workers who handle asbestos while on the job transfer it to their spouses or children at home. The family members then suffer from mesothelioma and other asbestos-related diseases.

This kind of case is the basis for a variety of lawsuits filed by relatives of victims today. Asbestos attorneys can help families bring a case against the responsible parties for the asbestos injuries of their loved ones.

The rise of class action lawsuits is a significant development in asbestos litigation. These asbestos lawsuits provide victims the opportunity to seek justice with the assistance of an attorney who is well-versed in the legal issues these cases present.

While many asbestos attorneys have pushed for this kind of litigation, there are certain people who do not support it. There have been several attempts at passing legislation to limit the use of class actions in asbestos lawsuits.

The most recent major change in asbestos litigation is the filing of an action by Massachusetts residents against 4 companies over their handling of asbestos removal and disposal. The lawsuit alleged that the companies violated state law by not properly disposing of asbestos and failing to protect residents from the harmful dust.

Asbestos litigation has been a long-running issue that is likely to continue for many decades to come. The asbestos industry has attempted to avoid accountability by making legal arguments that are technical and by attempting to pass legislative solutions that would prevent the victims from seeking justice. It seems that many victims, and their lawyers are determined to see justice done.