Asbestos Lawsuit History

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

Nellie Kershaw was the first to file an asbestos lawsuit. She suffered health issues while working in an asbestos fiber manufacturing plant in England. 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 sickened and killed thousands throughout the years. Asbestos claims can be filed for many reasons, but they generally involve those who were exposed to asbestos compensation payouts at work. This includes workers at factories that produced asbestos-related products as well as those who worked in the construction of buildings with asbestos, or who were exposed to asbestos from household products contaminated with asbestos like talcum powder.

Exposure to asbestos can cause various illnesses, including mesothelioma, lung cancer and other respiratory issues. Many have received compensation for their injuries even though some these diseases are fatal. This is due to the fact that most countries have laws that require companies who create dangerous substances to inform those who may be hurt by them.

The first asbestos lawsuit was filed in 1929 and included a woman named Anna Pirskowski. She was suffering from breath shortness and thickening in the fingertip tissue (known as clubbing). She received a settlement amounting to $75,000 in what is believed to be a first class action lawsuit that involved asbestos.

In the years following, more and more asbestos lawsuits were filed. Asbestos litigation became a very broad area of law and many attorneys began to specialize in asbestos litigation. They only took on cases that were serious. Kazan Law was one firm that specialized in this area in the late 80s.

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

The Second Cases

As the number of people suffering from asbestos-related diseases increased, victims and their families began filing lawsuits against companies that mined, produced or sold asbestos-containing products. Mesothelioma victims also filed claims against companies who designed and constructed the buildings that they worked in such as power plants, shipyards and refineries. The connection between mesothelioma and asbestos exposure is solid.

By the early 1980s, the legal dispute over asbestos lawsuits began to escalate and the courts made rulings on a variety of aspects of the case procedure. For instance a federal court decided that only people suffering from a malignant asbestos-caused illness such as mesothelioma, or lung cancer are able to file a lawsuit against the manufacturers of asbestos-related products they used. This ruling, referred to as Borel V. Fibreboard Paper Products Corp. was an important setback in asbestos litigation.

Around the same time, Nellie Kershaw from Rochdale in England filed what is now regarded as the first known lawsuit against asbestos-related companies. Kershaw was diagnosed with lung issues caused by her close contact with asbestos mesothelioma lawsuit fibers, tried to convince the company she worked for Asbestos Lawsuit History to cover her treatment. However, the company refused. Kershaw died at 33 years old from fibrosis of her lungs.

The second round of asbestos lawsuits centered on people who had been exposed to different types of asbestos-containing building products such as fireproofing sprays and drywall products. Asbestos lawyers also successfully brought lawsuits against companies who manufactured the equipment that used asbestos-containing materials, like pumps and boilers.

During this time, a variety of documents pertaining to asbestos companies were uncovered. These documents revealed their involvement in conspiracies and fraud. The documents included personal files 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 two companies to hide asbestos' dangers and deflect efforts to educate the public.

In the early and mid-1980s, when these and other forms of corporate fraud and conspiracy were exposed, a wave class action settlements was launched, along with other efforts were made to limit asbestos liability by asbestos companies. These attempts were met with strong resistance from plaintiffs' attorneys and their clients, as well as from the public at large.

The Third Cases

In the 1970s, asbestos companies were no longer able hide the deadly effects of asbestos-related diseases such as mesothelioma lawyer asbestos cancer lawsuit from the general public. This was due in large part to the fact that major national publications began to pay attention to the link between asbestos, mesothelioma and other respiratory diseases, rather than small industry newsletters and medical journals. Once the connection between asbestos and serious illness was well established, victims began making lawsuits against asbestos producers.

One of the primary driving factors that led to an increase in asbestos lawsuit payouts lawsuits in the 1970s was a court ruling that allowed plaintiffs to utilize the legal concept of strict liability. Plaintiffs in asbestos lawsuits used to have to prove that asbestos producers were negligent in exposing them to. However, in the 1973 case of Borel v. Fibreboard, a judge declared that asbestos producers were responsible for any injuries caused by their products if the company knew that their product was unsafe and failed to warn its employees or the public about its dangers.

In the wake of this ruling, a number of asbestos manufacturers filed for bankruptcy, a process which allows a company to reorganize itself in bankruptcy court, put money aside in trusts to pay asbestos claims, and then continue to continue to operate. Johns-Manville is one of the most notable examples. It was a 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 obtain the company punitive damages in a number of cases.

Asbestos lawsuits have increased since then due to the growing number of asbestos-related illnesses. Asbestos litigation can be complicated because the diseases caused by asbestos can take a long time to manifest and aren't always apparent to those who are diagnosed.

A few victims have been waiting for years to receive settlements from insurance companies even after their employers were found responsible. The US Supreme Court has dealt with a variety of cases involving class action settlements that asbestos companies offered as a way to limit their liability and it has also pondered the issue of whether it is possible to hold individual defendants liable for asbestos-related injury.

The Fourth Case

Asbestos, a substance that is extremely dangerous has killed and sickened hundreds of thousands over the many years. Asbestos was also extensively used by companies who knew it was a risk, but continued to employ it.

As the legal system handles asbestos lawsuits with a constant stream of new developments. One of the most significant legal developments is a ruling known as Lubbe v. Cape Plc, which set a precedent that allows victims to sue multinational companies in their home jurisdictions for compensation.

Often, these cases are accompanied by secondary exposure to asbestos. Workers who work with asbestos work can transfer it to their families or spouses. The family members suffer from mesothelioma, Asbestos Lawsuit History or other asbestos-related illnesses.

Many lawsuits are filed by the families of victims based on this kind of situation. Asbestos lawyers can aid families file a claim against the company responsible for their loved ones' asbestos-related injuries.

Another big change in asbestos litigation is the increase in class action lawsuits. These asbestos lawsuits give victims the chance to seek justice through the help of an attorney well-versed in the complicated legal issues these cases bring up.

While a lot of asbestos lawyers have pushed for this kind of lawsuit, there are certain people who do not support it. There have been several initiatives to pass legislation that limit the use of class actions in asbestos class action lawsuit settlement lawsuits.

The latest major development in asbestos litigation is the filing of an action by Massachusetts residents against 4 companies for handling asbestos removal and disposal. The lawsuit alleged that the companies violated state law by not disposing of asbestos properly and failing to safeguard residents from toxic dust.

Asbestos litigation is a long-standing issue that will likely 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 prevent victims from seeking justice. It appears that a lot of victims, as well as their lawyers, are determined to see justice acted upon.