Asbestos Lawsuit History

Lawyers like Stanley Levy have helped many asbestos victims. People with asbestos-related diseases, such as mesothelioma, can sue companies who mined or manufactured asbestos.

The first asbestos lawsuit was filed by Nellie Kershaw. She was diagnosed with health issues while working in an asbestos fiber plant in England. She died at age 33 of fibrosis of the lung caused by asbestos exposure.

The First Cases

Asbestos, a dangerous mineral, has afflicted and killed thousands throughout the years. Asbestos claims can be filed for many reasons, but they usually involve people who were exposed to asbestos at work. This can include workers at factories that made asbestos-related items as well as those who worked in the construction of buildings with asbestos, or who were exposed to asbestos secondhand from contaminated household products such as talcum powder.

Exposure to asbestos can trigger a variety of illnesses which include mesothelioma, lung cancer, and other respiratory issues. While some of these illnesses are extremely serious and could 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 those who may be injured by them.

The first asbestos lawsuit was filed in 1929. It was filed by a woman whose name was Anna Pirskowski. She was suffering from a variety of ailments, including shortness of breath and the thickening of the fingertip tissue called clubbing. She received a settlement amounting to $75,000 in what is believed to be a first class action lawsuit that involved asbestos.

Asbest lawsuits continued to be filed in the years following. Some of the cases grew very large, and many attorneys began to specialise in asbestos litigation. This meant that they dealt with the most serious cases. One firm that did this was Kazan Law, which in the latter half of the 1980s began to concentrate on bringing cases on behalf of people with mesothelioma.

Other lawsuits were won by individuals who had suffered from other asbestos-related illnesses like asbestosis or pleural plaques. The condition that caused them was very similar to mesothelioma making it simpler to prove for lawyers. These allegations led to the public disclosure of secret documents that revealed how asbestos manufacturers tried to hide the risks they carry. This led to the Asbestos Ban and Phase Out Rule being issued in 1989.

The Second Case

As the number of people diagnosed with asbestos attorney-related illnesses grew, the victims and their families began to file lawsuits against companies that mined, made or sold asbestos-containing products. Additionally, mesothelioma patients made claims against companies who designed and constructed the buildings they worked in, such as shipyards, power plants refineries and factories. The connection between asbestos exposure and mesothelioma development is solid.

In the early 1980s the legal battle over asbestos lawsuits began to escalate and the courts ruled on many aspects of the litigation process. For example a federal court decided that only individuals suffering from a malignant asbestos-caused disease like mesothelioma or lung cancer are eligible to bring lawsuits against the producers of the asbestos products they used. This ruling, also referred to as Borel V. Fibreboard Paper Products Corp. was a major setback for asbestos litigation.

At 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 was diagnosed with lung issues due to her frequent contact with raw asbestos fibers, tried to get the firm she worked for to cover her treatment. The company refused. Kershaw passed away at 33 years old from fibrosis of her lungs.

The second round of asbestos-related cases focused on workers who worked at construction sites and were exposed to different types of asbestos-containing building products, including fireproofing sprays, drywall products and textures. Asbestos lawyers also won lawsuits against companies who manufactured the equipment that made use of asbestos-containing materials, like boilers and pumps.

During this time, a number of incriminating documents were uncovered that revealed asbestos companies have been involved in a scheme of fraud and. The documents included the personal documents of Johns-Manville President Sumner Simpson and correspondence from the general attorney of another asbestos producer, Raybestos Manhattan. These documents uncovered the conspiracy of these companies to hide knowledge that asbestos was dangerous and to deflect efforts to inform the public about the dangers.

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

The Third Cases

In the 1970s, asbestos firms had lost the ability to hide information on the fatal effects of mesothelioma and the other asbestos-related diseases from the public. This was due to the fact that the connection between asbestos and diseases like mesothelioma, asbestosis, and respiratory diseases like asthma began getting attention from major national publications instead of small industry newsletters or medical journals. Once asbestos-related serious illnesses were established and patients began making lawsuits against asbestos producers.

One of the main driving factors that led to more asbestos lawsuits in 1970s was a court ruling which allowed plaintiffs to apply the legal concept of strict liability. Plaintiffs in asbestos cases used to be required to prove that asbestos manufacturers were negligent for exposing them. In the 1973 case 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 the dangers.

Following this ruling, many asbestos manufacturers were forced to file for bankruptcy, a process that allows businesses to reorganize in bankruptcy court, set funds aside in trusts to pay for asbestos claims and still continue to operate. Johns-Manville is one of the most notable examples. 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.

Since then asbestos litigation has continued grow as a result of the growing number of people suffering from asbestos-related diseases. Asbestos lawsuits are often complicated because the diseases they cause can take decades to manifest themselves and are not always evident to those who have been diagnosed.

Additionally certain victims have been forced to wait for years to receive compensation from insurance companies after their employers were found liable. The US Supreme Court has dealt with several cases involving settlements for class actions that asbestos companies offered as a way to limit their liability, and has also looked into the issue of whether it is possible to hold individual defendants liable for asbestos-related injuries.

The Fourth Cases

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

As the legal system handles these asbestos lawsuits and asbestos lawsuits, new developments take place all the time. One of the most significant legal developments is a decision known as Lubbe v. Cape Plc, which set a precedent that allows victims to sue multinational companies in their home jurisdictions for compensation.

In most cases, these situations involve secondary exposure to asbestos. This is when those who work with asbestos on the job pass it to their spouses or children at home. The family members then suffer from mesothelioma and other asbestos-related diseases.

There are many lawsuits filed today by the families of victims of this type of situation. Asbestos lawyers can assist families file a lawsuit 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 offer victims the opportunity to seek justice through the help of an attorney who is familiarized with the complex legal issues these cases bring up.

While many asbestos attorneys have advocated for this type of litigation, there are also some who oppose it. There have been numerous attempts to pass legislation to limit the use of class actions in asbestos lawsuits.

The most recent major advancement in asbestos litigation was the filing of a lawsuit filed by Massachusetts residents against four companies regarding how they handled asbestos removal and disposal. The lawsuit claimed that the firms in violation of state law by not properly disposing of asbestos and failing to protect residents from the harmful dust.

Asbestos litigation has been going on for a long time, and it's likely that it will continue to do so throughout the years to come. The asbestos industry has attempted to avoid accountability by making legal arguments that are technical and attempting to pass legislative remedies that would block victims from seeking justice. It seems that many victims, as well as their lawyers are determined to get justice served.