Asbestos Lawsuit History

Many asbestos victims have been helped by lawyers such as Stanley Levy. Patients suffering from mesothelioma and asbestos-related illnesses can sue companies that mined, manufactured or used asbestos 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 plant in England. She died at the age of 33 due to fibrosis that had developed in her lungs, caused by asbestos exposure.

The First Cases

Asbestos, asbestos Lawsuit history a hazardous mineral, has afflicted and killed thousands of people throughout the years. Asbestos claims are filed for a variety reasons, but most often involve people who have been exposed to asbestos while at work. This includes workers at factories that made asbestos-related products, people who worked on the construction of buildings containing asbestos and even those who were exposed to secondhand asbestos from household products that were contaminated, such as talcum powder.

People who were exposed to asbestos can develop a number of different diseases including mesothelioma, lung cancer and other respiratory ailments. While some of these illnesses are extremely serious and could be fatal, many people have been able receive compensation for their injuries. This is because many countries have laws that require companies that create dangerous substances to inform those who may be injured by them.

The first asbestos lawsuit, filed in 1929, was filed by a woman with the name of Anna Pirskowski. She was suffering from a range of symptoms, including breathlessness and thickening of the fingertip tissue which is known as clubbing. She received a settlement worth $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 the cases became extremely large, and a number of attorneys began to specialise in asbestos litigation. This meant that they were able to handle the most serious cases. One firm that did this was Kazan Law, which in the late 1980s started to concentrate on taking on cases for people with mesothelioma.

Other lawsuits were won by those who had suffered from other asbestos-related illnesses such as asbestosis or pleural plaques. The disease that caused them was very like mesothelioma and therefore easier to prove for lawyers. These claims also led to the revelation of secret documents that demonstrated how manufacturers of asbestos products tried to hide the dangers. This led to the Asbestos Ban and Phase Out Rule being enacted in 1989.

The Second Case

As the number of people suffering from asbestos-related diseases grew, patients and their families began filing lawsuits against companies that mined, produced or sold asbestos-containing products. In addition, mesothelioma sufferers made claims against companies who designed and constructed the buildings where they worked, such as shipyards, power plants refineries and factories. The link between asbestos lawsuit history exposure and mesothelioma development is very strong.

In the early 1980s, the legal litigation over asbestos lawsuits grew more intense and the courts began to rule on many aspects of the case process. A federal court, for example decided that only those suffering from asbestos-related malignancies like mesothelioma and lung cancer were able to bring a lawsuit against the makers of asbestos products. This ruling, also referred to as Borel V. Fibreboard Paper Products Corp. was an important setback in asbestos litigation.

At the same time, Nellie Kershaw from Rochdale in England filed what is now regarded as the first well-known lawsuit against asbestos-related companies. Kershaw was diagnosed with lung ailments due to her close contact with raw asbestos fibers, attempted to get the firm she worked for to pay for her treatments. The company was unable to pay. Kershaw passed away at 33 years old from fibrosis of her lungs.

The second round of asbestos cases focused on workers who worked in construction sites and were exposed to different types of asbestos-containing building materials such as fireproofing sprays, drywall products and textures. Asbestos lawyers also brought successful cases against companies that produced equipment that contained asbestos poisoning lawsuit-containing material, such as pumps and boilers.

During this time, a number of documents that were incriminating were found that revealed 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 of another asbestos manufacturer, Raybestos Manhattan. These documents revealed a shady alliance between these two 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 discovered, a wave class action settlement was initiated, as well as other attempts made to reduce asbestos liability by asbestos companies. These efforts were met with fierce resistance from plaintiffs’ attorneys, their clients and the general public.

The Third Cases

In the 1970s, asbestos-related companies could no longer conceal the devastating effects of asbestos-related illnesses like mesothelioma from people. This was due to the fact that the link between asbestos personal injury lawsuit and ailments such as mesothelioma, asbestosis and other respiratory problems started receiving attention from major national publications instead of just small industry newsletters or medical journals. When the link between asbestos and serious illnesses was well-established, victims started filing lawsuits against asbestos manufacturers.

In the 1970s, a court ruling that allowed plaintiffs the recourse to strict liability as a legal theory was among the major reasons for an increase in asbestos lawsuits. In the past, plaintiffs in asbestos lawsuit after death cases required proof that asbestos manufacturers were negligent in the way they caused their asbestos exposures. In the 1973 case Borel v. Fibreboard a judge ruled asbestos manufacturers accountable for any injuries resulting from their products if they knew that their product was unsafe but did not warn their employees or the general public about its dangers.

After this ruling, many asbestos producers have filed for bankruptcy. This process allows a company, even if still in operation, to reorganize itself in bankruptcy court and place money in trusts to pay asbestos claimants. Johns-Manville is one of the most notable examples. It was the victim of many lawsuits filed by former workers who suffered from asbestosis, mesothelioma, and lung cancer. Kazan Law brought several cases against the manufacturer and was able to get the company punitive damages in a number of cases.

Since then asbestos litigation has continued to grow due to the rising number of victims suffering from asbestos-related ailments. Asbestos litigation is often complicated due to the fact that the ailments caused by asbestos can take a long time to manifest and are not always apparent to those who are diagnosed.

In addition there have been cases where victims were forced to wait for Asbestos Lawsuit History years to receive compensation from insurance companies after their employers were found accountable. The US Supreme Court has addressed various cases where asbestos companies tried to limit their liability by offering settlements in class action. The court has also discussed whether individuals can be held liable for injuries resulting from asbestos.

The Fourth Case

Asbestos is an incredibly hazardous mineral that has sickened or killed hundreds of thousands of people over the many years. Asbestos was also extensively used by companies who knew it was a risk, but continued to make use of it.

The legal system is able to handle asbestos lawsuits and asbestos lawsuits, there are always new developments. One of the most important legal developments is the ruling Lubbe v. Cape Plc. This set a precedent allowing victims to sue multinational companies in their home countries for compensation.

Most of the time, these cases involve secondary exposure to asbestos. This happens when workers who work with asbestos while on the job transfer it to their spouses or children living at home. The family members then suffer from mesothelioma and other asbestos-related diseases.

This kind of case is the basis for many lawsuits filed by relatives of victims today. Asbestos lawyers can help families bring a case against the companies that caused the asbestos-related injuries suffered by their loved relatives.

Another major development in asbestos litigation has been the emergence of class action lawsuits. These asbestos lawsuits permit victims to pursue justice with the assistance of a lawyer who is familiar with the complex legal issues these cases present.

Certain asbestos lawyers are against this kind of litigation. In fact there have been a number of attempts to pass legislation restricting the use of class actions in asbestos cases.

The latest major change in asbestos litigation is the filing a suit by Massachusetts residents against 4 companies over their handling of asbestos removal and disposal. The lawsuit alleged that the companies had violated the law of the state by not disposing of asbestos properly and failing to safeguard residents from the harmful dust.

Asbestos litigation has been going on for decades and it's likely that it will continue to do so well into the future. The asbestos industry has attempted to avoid responsibility by making legal arguments that are technical and by attempting to pass legislative remedies which would stop victims from seeking justice. But, it appears that a lot of victims and their attorneys are determined to see justice done.