Asbestos Lawsuit History

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

The first asbestos lawsuit was filed by Nellie Kershaw. She worked in a plant that made asbestos fibers in England and was diagnosed with health issues. She passed away at the age of 33 from fibrosis of the lung due to asbestos exposure.

The First Cases

Asbestos, a hazardous mineral, has afflicted and killed thousands throughout the years. Asbestos claims can be filed for a variety of reasons, but they usually involve people who were exposed to the substance at work. This includes employees who worked in factories that made asbestos lawsuit texas-related products or on the construction sites of buildings that contain asbestos. It could also include people who were exposed asbestos by using household products, such as talcum powder.

Anyone who was exposed to asbestos may be afflicted with a variety of illnesses, including mesothelioma and lung cancer and other respiratory diseases. While some of these ailments are very serious and can be fatal, many people have been able to obtain compensation for their injuries. This is because many countries have laws that require companies that create dangerous substances to inform those who may be hurt 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 number of ailments, including shortness of breath and the thickening of the tissue around the fingers, called clubbing. She was awarded a settlement of $75,000 in what is believed to be a first-ever class action lawsuit involving 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. They only accepted cases that were important. Kazan Law was one firm that was focusing on this in the latter part of the 80s.

Other lawsuits have been won by individuals who suffered from asbestos-related illnesses, such as asbestosis and pleural plaques. The condition that caused them was very similar to the mesothelioma, which makes it simpler to prove for lawyers. These claims also led to the revelation of secret documents that revealed how asbestos-related manufacturers tried to conceal the risks. This led to the Asbestos Ban and Phase Out Rule being enacted in 1989.

The Second Case

As the number diagnosed with asbestos-related illnesses grew, victims and families began bringing lawsuits. These lawsuits were filed against businesses who mined asbestos, made asbestos-containing products or sold products containing asbestos. Mesothelioma sufferers also filed lawsuits against companies who designed and constructed the buildings that they worked in including shipyards, power plants and refineries. The link between mesothelioma and asbestos exposure is solid.

In the early 1980s the legal litigation over asbestos lawsuits grew more intense and the courts began to rule on many aspects of case processes. A federal court, for instance determined that only people suffering from malignant asbestos-caused diseases like mesothelioma or lung cancer could sue the manufacturers of asbestos products. This ruling, referred to as Borel V. Fibreboard Paper Products Corp. was a major setback for asbestos litigation.

Around the same time, Nellie Kershaw from Rochdale in England filed what is regarded as the first well-known lawsuit filed against asbestos-related companies. Kershaw was factory worker from 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, however, refused. Kershaw died in her 30s from fibrosis.

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

During this period, a variety of incriminating documents were discovered that revealed asbestos companies were involved in conspiracy and fraud. The documents included personal documents of Johns-Manville President Sumner Simpson and correspondence from the general attorney for another asbestos producer, Raybestos Manhattan. These documents revealed a shady alliance between these 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 and mid-1980s caused a surge of class action settlements and other attempts at limiting asbestos liability for asbestos-related companies. These attempts were met with strong opposition from plaintiffs' lawyers and their clients, as well as from the public in general.

The Third Cases

In the 1970s, asbestos-related companies were no longer able conceal the devastating effects of asbestos-related diseases such as mesothelioma from the general public. This was due in large part to the fact that major national journals began paying attention to the connection between mesothelioma, asbestos and other respiratory diseases, instead of small industry medical journals and newsletters. After asbestos-related serious illness were well established, victims began filing lawsuits against asbestos-related companies.

One of the primary push factors that led to more asbestos lawsuits in 1970s was a ruling by the courts that allowed plaintiffs to use the legal theory of strict liability. Plaintiffs in asbestos cases used to need to prove that asbestos manufacturers were negligent in exposing them. 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 warn their employees or the general public about the dangers.

Following this ruling, many asbestos-related lawsuit companies were forced to file for bankruptcy, a process that allows businesses to reorganize itself in bankruptcy court, put money aside in trusts to pay asbestos claims and still be in operation. Johns-Manville was a particularly notable case, since it was the subject of numerous lawsuits from former workers who suffered from asbestosis, lung cancer, and mesothelioma. Kazan Law brought several cases against the manufacturer, and was able to win punitive damages verdicts against it.

Asbestos litigation has grown since then due to the rising number of asbestos-related illnesses. Asbestos cases are often complex, as the illnesses that they cause can take a long time to manifest and are not always immediately apparent to those who are diagnosed.

Some victims have also had to wait years for asbestos class action lawsuit settlement compensation from insurance companies even after their employers were found liable. The US Supreme Court has addressed a number of cases where asbestos companies attempted to limit their liability by offering settlements for class actions. The court has also addressed the question of whether individual defendants can be held accountable for injuries resulting from asbestos.

The Fourth Case

Asbestos is a very dangerous mineral, which has caused the death or sickness of hundreds of thousands of people over the many years. Asbestos was also extensively used by manufacturers who were aware of its dangers however they continued to employ it.

The legal system is able to handle asbestos lawsuits with a constant stream of new developments. One of the most important legal developments is the decision Lubbe v Cape Plc. This set an example for asbestos victims to sue multinational corporations in their home countries for compensation.

Most of the time, these cases are accompanied by secondary exposure to asbestos. Workers who handle asbestos at work can transfer it to their family members or spouses. The family members suffer from mesothelioma and other asbestos-related diseases.

Many lawsuits are filed today by the families of victims based on this type of situation. Asbestos lawyers can help families bring a claim against the responsible parties for the asbestos injuries of their loved ones.

The emergence of class-action lawsuits is a major change in asbestos litigation. These asbestos lawsuit settlement lawsuits allow victims to seek justice with the assistance of a lawyer experienced in the complicated legal issues these cases present.

Certain asbestos attorneys are opposed to this type of litigation. In actual fact there have been numerous attempts to pass legislation restricting the use of asbestos class actions.

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

asbestos Class action lawsuit settlement litigation is a long-standing issue that is likely to continue for a long time. The asbestos industry has tried to avoid responsibility through legal arguments based on technicalities and by trying to pass legislative solutions which would hinder victims from seeking justice. It seems that many victims, and their lawyers, are determined to see justice done.