Asbestos Lawsuit History

Many asbestos victims have received help from lawyers such as Stanley Levy. People suffering from asbestos-related illnesses such as mesothelioma can sue companies that 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 is a dangerous mineral that has ill-treated or killed thousands of people over the years. Asbestos claims can be filed for a variety of reasons, but they typically involve those who were exposed to the substance at work. This includes workers at factories that made asbestos lawsuit lawyers-related products, people who worked in the construction of buildings with asbestos, or who were exposed to asbestos secondhand from contaminated household products such as talcum powder.

People who were exposed to asbestos may be afflicted with a variety of diseases including mesothelioma, lung cancer, and other respiratory ailments. While some of these illnesses are extremely serious and could be fatal, many have been able to receive compensation for their injuries. Many countries have laws that require companies that create dangerous substances warn anyone who may be injured.

The first asbestos lawsuit was filed in 1929, and included a woman named Anna Pirskowski. She was suffering from a number of symptoms including breathlessness and thickening of the tissue around the fingers, known as clubbing. She was awarded a settlement of $75,000 that is believed to be the first class action lawsuit in relation to asbestos.

In the years following there were a lot of asbestos lawsuits were filed. Asbestos litigation grew into a large area of law, and many attorneys began to specialize in asbestos litigation. This meant that they took on the most serious cases. One company that took on this was Kazan Law, which in the late 1980s started to concentrate on taking on cases for people with mesothelioma lawyer asbestos cancer lawsuit.

Other lawsuits were won by people who suffered from other asbestos-related illnesses like asbestosis or pleural plaques. This is because the disease that caused them was similar to mesothelioma and therefore simpler for lawyers to prove. These claims also led to the disclosure of secret documents that demonstrated the way asbestos producers attempted to conceal the dangers. This led to the Asbestos Ban and Phase Out Rule being announced in 1989.

The Second Cases

As the number diagnosed with asbestos-related disease increased the number of victims and their families began filing lawsuits. These lawsuits were filed against companies that mined asbestos, produced asbestos-containing products or sold asbestos-containing products. Additionally, mesothelioma patients made claims against companies that designed and constructed the buildings where they worked, such as power plants, shipyards, refineries and factories. The correlation between asbestos exposure and mesothelioma's development is strong.

In the early 1980s the legal battle over asbestos lawsuits began to intensify and courts made rulings on a variety of aspects of the case procedure. A federal court, for example decided that only those suffering from malignant asbestos-caused diseases like mesothelioma and lung cancer were able to take on asbestos manufacturers. products. The ruling, dubbed Borel v. Fibreboard Paper Products Corp. is a major setback to asbestos lawsuit defendants.

The same time, Nellie Kershaw from Rochdale in England filed what is regarded as the first well-known lawsuit against asbestos-related companies. Kershaw was diagnosed with lung issues due to her close contact with asbestos fibers, tried to get the firm she worked for to cover her treatment. The company, however, refused. Kershaw passed away at the age of 33 from lung fibrosis.

The second round of asbestos lawsuits centered on those who were exposed to various types of asbestos-containing building products such as fireproofing sprays and drywall products. Asbestos lawyers also won cases against companies that manufactured the equipment that utilized asbestos-containing products, such as pumps and boilers.

During this time, many documents pertaining to asbestos companies were uncovered. These documents proved their involvement in fraud and conspiracies. 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 uncovered the conspiracy of these companies to cover up the fact that asbestos was hazardous and to thwart efforts to inform the public about the dangers.

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

The Third Case

In the 1970s, asbestos companies were no longer able conceal the devastating effects of asbestos-related diseases such as mesothelioma from the general public. This was largely due to the fact that the connection between asbestos and diseases like asbestosis, mesothelioma and other respiratory ailments began getting attention from major national publications instead of small industry newsletters or medical journals. As soon as the link between asbestos and serious illness was established, patients began making lawsuits against asbestos producers.

One of the main push factors that led to an increase in asbestos lawsuits in the 1970s was a court decision that allowed plaintiffs to utilize the legal concept of strict liability. Plaintiffs in asbestos cases would be required to prove that asbestos manufacturers were negligent for exposing them. However, in the 1973 case of Borel v. Fibreboard, a judge declared that asbestos producers were liable for any injuries their products caused if the company knew that their product was hazardous and did not warn its employees or the general public about the dangers.

Following this ruling, a lot of asbestos producers filed for bankruptcy. This procedure allows a company, even if still operating, to reorganize itself in bankruptcy court and place money in trusts to pay asbestos claimants. Johns-Manville was an especially notable case, since it was slammed with a variety of lawsuits brought by 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 growing number of asbestos-related illnesses. Asbestos lawsuits are often complicated, as the illnesses they cause can take years to manifest themselves and are not always immediately apparent to those who are diagnosed.

A few victims have been forced to wait for years for settlements 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 class action settlements. It has also discussed whether individual defendants can be held liable for injuries resulting from asbestos.

The Fourth Case

Asbestos is a very dangerous mineral, which has killed or sickened hundreds of thousands of people over the many years. Asbestos was also extensively used by manufacturers who knew it was dangerous however they continued to make use of it.

The legal system is able to handle these asbestos lawsuits with a constant stream of new developments. One of the most important legal developments is a decision called Lubbe v. Cape Plc, which set a precedent that allows victims to sue multinational corporations in their home jurisdictions for compensation.

Often, these cases involve secondary exposure to average asbestos claim payout. Workers who handle asbestos at work can transfer it to their family members or spouses. The family members suffer from mesothelioma, or other asbestos-related illnesses.

Many lawsuits are filed by the families of victims of this type of situation. Asbestos lawyers can help families file a lawsuit against the company that is responsible for their loved ones' asbestos injuries.

The rise of class action lawsuits is a major class action change in asbestos litigation. These asbestos lawsuits offer victims the chance to pursue justice with the assistance of an attorney who is familiarized with the complex legal issues these cases present.

While asbestos lawyers have pushed for this type of litigation, there are also some who oppose it. In fact there have been numerous attempts to pass legislation that would limit the use of class actions in asbestos cases.

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

Asbestos litigation is a long-standing problem that will likely persist for many decades to come. The asbestos industry has tried to avoid responsibility through legal arguments that are technical and by trying to pass legislative remedies that would stop victims from seeking justice. It seems that many victims, and their lawyers are determined to get justice done.