Asbestos Lawsuit History

Lawyers such as Stanley Levy have helped many asbestos victims. Patients suffering from mesothelioma and asbestos-related diseases can sue companies who produced, mined or used asbestos and asbestos-containing products.

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

The First Cases

Asbestos is a dangerous mineral that has afflicted or killed thousands of people over time. Asbestos claims are filed for many reasons, but they usually involve those who have been exposed to asbestos while at work. This can include workers at factories that made asbestos-related products or those working in the construction of buildings with asbestos, or who were exposed to secondhand asbestos from household products contaminated with asbestos such as talcum powder.

Exposure to asbestos can trigger various illnesses which include mesothelioma, lung cancer and other respiratory ailments. Many have been awarded compensation for their injuries, even though some of these diseases can be fatal. This is due to the fact that most countries have laws that require companies who create dangerous substances to inform people who might be hurt by them.

The first asbestos lawsuit was filed in 1929. It included a woman named Anna Pirskowski. She was suffering from a variety of ailments, including shortness of breath and thickening of the tissue around the fingers, 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 that followed in the years that followed, more and more asbestos lawsuits were filed. Asbestos litigation became a very large area of law, and many lawyers started to specialize in asbestos litigation. They only would take on cases that were very important. Kazan Law was one firm that was focusing on this in the late 80s.

Other lawsuits were won by people who been diagnosed with other asbestos-related diseases like asbestosis or pleural plaques. This is due to the fact that the disease that caused these was similar to mesothelioma, making it simpler for lawyers to prove. These allegations led to the public disclosure of secret documents that showed the ways asbestos product manufacturers attempted to conceal their risks. This led to the Asbestos Ban and Phase Out Rule being announced 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 that mined asbestos, produced asbestos-containing products or sold products containing asbestos. Additionally, mesothelioma patients filed claims against the companies that designed and built the buildings where they worked like power plants, shipyards, factories and refineries. The connection between asbestos exposure and the development of mesothelioma is strong.

In the early 1980s, the legal battles over asbestos lawsuits became more ferocious, and courts began to rule on a variety of aspects of the case process. For example a federal court ruled that only those suffering from a malignant asbestos-caused disease such as mesothelioma or lung cancer are eligible to bring lawsuits against the producers of asbestos-related products they employed. This ruling, known as Borel v. Fibreboard Paper Products Corp. was a major setback to asbestos plaintiffs.

At the same time, Nellie Kershaw, a factory worker from Rochdale, England, filed what is considered the first well-known legal case against asbestos companies. Kershaw, a factory worker from Rochdale in England, was diagnosed with lung issues caused by her frequent exposure to raw asbestos attorneys fibers. She tried to get her employer to pay for the treatment. The company was unable to pay. Kershaw died at the age of 33 from lung fibrosis.

The second round of asbestos lawsuits focused on people who had been exposed to different kinds of asbestos-containing building materials, like fireproofing sprays and drywall products. Asbestos lawyers also brought successful cases against companies who produced equipment that contained asbestos-containing materials, such as boilers and pumps.

During this time, a variety of documents pertaining to asbestos companies were uncovered. These documents proved their involvement in conspiracies and fraud. These included the personal records of Johns-Manville president Sumner Simpson, as well as correspondence from the general counsel for another asbestos manufacturer, Raybestos Manhattan. These documents uncovered the conspiracy of these companies to conceal knowledge that asbestos was dangerous and to deflect efforts to inform the public of these dangers.

The discovery of these and other forms of corporate fraud and conspiracy in the early to mid-1980s caused a surge of class action settlements as well as other attempts at limiting asbestos liability for asbestos-related companies. These attempts were met with fierce opposition from plaintiffs' lawyers and their clients, as well as from the public at large.

The Third Cases

By the 1970s, asbestos-related companies had lost the ability to conceal information about the devastating effects of mesothelioma as well as other asbestos-related illnesses from the public. This was largely due to the fact that the connection between asbestos and illnesses such as mesothelioma, asbestosis and other respiratory ailments began receiving attention from major national publications instead of just small medical journals or industry newsletters. Once the connection between asbestos and serious diseases was established, patients started filing lawsuits against asbestos producers.

One of the main driving factors that led to an increase in asbestos lawsuits in the 1970s was a court ruling that allowed plaintiffs to use the legal theory of strict liability. In the past, plaintiffs in asbestos cases had to show that asbestos manufacturers were negligent in creating their exposure to asbestos. In the 1973 case Borel v. Fibreboard a judge ruled asbestos manufacturers accountable for any injuries caused by their products if they knew their product was unsafe, but did not warn their employees or the general public about its dangers.

Following this ruling, a lot of asbestos producers have filed for bankruptcy. This allows a business, while still operating, to reorganize its affairs in bankruptcy court and to put money into trusts to pay asbestos claimants. Johns-Manville was an especially noteworthy case because it was the subject of numerous lawsuits filed by former factory workers who were suffering from asbestosis, lung cancer and mesothelioma. Kazan Law set several cases against the manufacturer, and was able to get punitive damage verdicts against the company.

Asbestos lawsuits have increased since then because of the increasing number of asbestos attorney-related illnesses. Asbestos cases are often complex due to the ailments they cause can take years to manifest and are not always obvious to those diagnosed.

Some victims have had to wait years for reimbursement from insurance companies, even after their employers were found liable. The US Supreme Court has addressed a number of cases where asbestos companies sought to limit their liability by offering settlements for class actions. It has also considered whether individuals can be held accountable for injuries caused by asbestos.

The Fourth Cases

Asbestos is a very dangerous mineral, which has killed or sickened hundreds of thousands of people over the years. Asbestos was also widely used by companies who knew it was dangerous, but continued to use it.

As the legal system tackles these asbestos lawsuits, new developments are taking place every day. One of the most important legal developments is a ruling known as Lubbe v. Cape Plc, which set the precedent for victims to sue multinational corporations in their home jurisdictions to recover compensation.

These cases often involve secondary asbestos exposure. Workers who work with asbestos work may pass it on to their family members or spouses. The family members suffer from mesothelioma or other asbestos-related diseases.

This type of situation is the basis for many lawsuits brought by the families of victims today. Asbestos lawyers can help families bring a case against the responsible parties for the asbestos-related injuries suffered by their loved relatives.

The rise of class-action lawsuits is another major development in asbestos litigation. These asbestos lawsuits permit victims to seek justice with the help of a lawyer familiar with the complex legal issues these cases raise.

While many asbestos attorneys have advocated for this type of litigation, there are also those who are against it. In actual fact, there have been several attempts to pass legislation to limit the use of asbestos-related class actions.

The most recent major advancement in asbestos litigation is the filing of a suit by Massachusetts residents against 4 companies over their handling of asbestos removal and disposal. The lawsuit claimed that the companies in violation of state law in not properly disposing asbestos and exposing residents to toxic dust.

Asbestos litigation is a long-running issue that will likely continue for many decades to come. The asbestos industry has attempted to avoid responsibility by making legal arguments that are technical and by trying to get legislative remedies passed which would stop victims from seeking justice. It seems that many victims, as well as their lawyers are determined to see justice acted upon.