Asbestos Lawsuit History

Lawyers such as Stanley Levy have helped many asbestos victims. People with mesothelioma and other asbestos-related diseases can sue companies that mined, manufactured, or used asbestos attorneys and asbestos-containing products.

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

The First Cases

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

Anyone who was exposed to asbestos may develop a variety of illnesses like mesothelioma, lung cancer and other respiratory conditions. While some of these ailments are very serious and can be fatal, a lot of people have been able to receive compensation for their injuries. This is largely because most countries have laws that require companies that create dangerous substances to inform people who might be hurt by them.

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 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 involving asbestos.

Asbest lawsuits continued to be filed throughout the years that followed. Asbestos litigation became a very large area of law, and many lawyers started to specialize in asbestos attorney litigation. They only would take on cases that were serious. Kazan Law was one firm that was focusing on this in the late 80s.

Other lawsuits have been won by individuals who suffered from asbestos-related ailments like asbestosis and pleural plaques. This is due to the fact that the disease that caused these was similar to mesothelioma and therefore more straightforward for lawyers to prove. These allegations led to the public disclosure of secret documents that showed how asbestos manufacturers tried to hide the risks they carry. In 1989 the Asbestos Ban & Phase Out Rule was issued.

The Second Cases

As the number of people diagnosed with asbestos-related diseases grew, patients and their families began bringing lawsuits against companies that mined, manufactured or sold asbestos-containing products. Mesothelioma victims also filed lawsuits against the companies that created and built the buildings that they worked in such as shipyards, power plants, and refineries. The connection between asbestos exposure and mesothelioma development is strong.

In the early 1980s the legal litigation over asbestos lawsuits started to intensify and courts made rulings on a variety of aspects of the litigation process. For instance, a federal court ruled that only people suffering from a malignant asbestos-caused disease like mesothelioma or lung cancer are eligible to file lawsuits against the producers of the asbestos products they employed. This ruling, also known 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 well-known lawsuit against asbestos companies. Kershaw, an employee in a factory in Rochdale in England, was diagnosed with lung issues due to her exposure to asbestos fibers in raw form. She attempted to convince her employer to cover the cost of treatment. The company, however, refused. Kershaw died in her 30s from fibrosis.

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

During this period, a variety of documents that were incriminating were found that demonstrated asbestos companies were involved in a scheme of fraud and. The documents included the personal files of Johns-Manville President Sumner Simpson and correspondence from the general attorney of another asbestos producer, Raybestos Manhattan. These documents revealed a conspiracy between these companies to conceal asbestos' dangers and suppress efforts to warn the public.

In the early to mid-1980s in the 1980s, when these and other forms of corporate fraud and conspiracy were uncovered, a wave class action settlements was launched, along with other attempts made to reduce asbestos attorney liability by asbestos companies. These attempts were met with a fierce resistance from plaintiffs' attorneys and their clients, as well as the public in general.

The Third Case

In the 1970s, asbestos companies were no longer able hide the deadly effects of asbestos-related diseases like mesothelioma from the public. This was due to the fact that the connection between asbestos and diseases like asbestosis, mesothelioma and respiratory diseases like asthma began getting attention from major national publications instead of small industry newsletters or medical journals. Once the connection between asbestos and serious diseases was established, patients began filing lawsuits against asbestos manufacturers.

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

After this ruling, many asbestos producers have filed for bankruptcy. This procedure allows a business, while still operating, to reorganize itself 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 were diagnosed with asbestosis, mesothelioma and lung cancer. Kazan Law set several cases against the manufacturer, and was able to get punitive damage verdicts against the company.

Asbestos lawsuits have increased since then due to the growing number of asbestos-related diseases. Asbestos litigation is often complex because the illnesses caused by asbestos can take years to manifest and are not always obvious to those who have been diagnosed.

In addition 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 liable. The US Supreme Court has addressed a number of cases where asbestos companies tried to limit their liability by offering settlements for class actions. It has also discussed whether individual defendants could be held liable for injuries caused by asbestos.

The Fourth Cases

Asbestos is a very dangerous mineral that has killed or sickened hundreds of thousands of people over the years. It's also a material that was used extensively by companies that knew it was dangerous but continued to use it in their manufacturing processes.

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

Often, these cases involve exposure to asbestos in the second degree. Workers who handle asbestos at work may transfer it to their families or spouses. 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 kind of case. 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 another major development in asbestos litigation. These asbestos lawsuits permit victims to seek justice with the assistance of a lawyer well-versed in the legal issues that these cases raise.

While a lot of asbestos lawyers have advocated for this type of litigation, there are certain people who do not support it. There have been several attempts at passing legislation to limit the use class actions in asbestos lawsuits.

The most recent significant change in asbestos litigation was the filing of a suit by Massachusetts residents against four companies regarding how they dealt with asbestos abatement and disposal. The lawsuit claimed that the companies had violated the law of the state by not properly disposing of asbestos and failing to protect residents from harmful dust.

Asbestos litigation is a long-running issue that is likely to continue for many decades to come. The asbestos industry has tried to avoid liability through legal arguments based on technicalities, and by trying to pass legislative solutions that would stop victims from seeking justice. It appears that a lot of victims, as well as their lawyers are determined to get justice served.