Asbestos Lawsuit History

Many asbestos victims have received assistance from lawyers such as Stanley Levy. People with mesothelioma and other asbestos-related diseases can sue companies that mined, manufactured or used asbestos and asbestos-containing products.

Nellie Kershaw filed the first asbestos lawsuit. She was diagnosed with health issues while working in an asbestos attorneys fiber factory in England. She died at the age of 33 due to fibrosis of her lungs, which was caused by exposure to asbestos attorney.

The First Cases

Asbestos, a hazardous mineral, has afflicted and killed thousands over the years. asbestos attorneys claims can be filed for various reasons, but they generally involve those who were exposed to the substance at work. This includes employees who worked in factories that manufactured asbestos-related products or at the construction site of buildings that contain asbestos. It can also be people who were exposed to asbestos through household products such as talcum powder.

Exposure to asbestos can cause a variety of illnesses which include lung cancer, mesothelioma and other respiratory problems. While some of these ailments are serious and may be fatal, a lot of people have been able to receive compensation for their injuries. The majority of countries have laws that require manufacturers of dangerous substances to inform anyone who might be injured.

The first asbestos lawsuit that was filed in 1929 included a woman by the name of Anna Pirskowski. She was suffering from a number of ailments, including shortness of breath and thickening of the fingertip tissue which is known as clubbing. She was awarded an amount of $75,000 in settlement, which is believed to be the first class action lawsuit filed in relation to asbestos.

In the years that followed in the years that followed, more and more asbestos lawsuits were filed. Some of these cases were very large, and many attorneys started to specialize in asbestos litigation. This meant that they dealt with the most serious cases. Kazan Law was one firm that focused on this in the late 80s.

Other lawsuits were won by people who had suffered from other asbestos-related illnesses like asbestosis or pleural plaques. This is due to the fact that the disease that caused them was similar to mesothelioma, making it easier for lawyers to prove. These claims also led to the revelation of secret documents that showed the way asbestos producers attempted to conceal the dangers. In 1989 the Asbestos Ban & Phase Out Rule was issued.

The Second Cases

As the number diagnosed with asbestos-related diseases grew, victims and families began filing lawsuits. These lawsuits were brought against companies that mined asbestos, manufactured asbestos lawyer-containing products, or sold asbestos-containing goods. Mesothelioma victims also filed lawsuits against the companies that designed and constructed the buildings that they worked in, including shipyards, power plants, and refineries. The connection between asbestos exposure and mesothelioma growth is strong.

In the early 1980s, the legal litigation over asbestos lawsuits started to intensify and courts made rulings on a variety of aspects of the litigation process. For example, a federal court ruled that only individuals suffering from malignant asbestos-related disease such as mesothelioma or lung cancer are eligible to bring an action against the makers of asbestos-related products they used. The ruling, dubbed Borel v. Fibreboard Paper Products Corp. was a major setback for defendants in asbestos litigation.

The same time, Nellie Kershaw from Rochdale in England filed what is now regarded as the first well-known lawsuit filed against asbestos-related companies. Kershaw was an employee in a factory in Rochdale, England, was diagnosed with lung problems caused by her frequent exposure to asbestos fibers in raw form. Kershaw tried to convince her employer to cover the cost of treatment. However, the company refused. Kershaw passed away at 33 years old of fibrosis of her lungs.

The second wave of asbestos cases centered on workers who worked in construction sites and were exposed to various types of asbestos-containing building materials such as fireproofing sprays, textures and drywall products. Asbestos lawyers also successfully brought lawsuits against companies who manufactured the equipment that utilized asbestos-containing products, such as boilers and pumps.

During this time, many documents that implicated asbestos companies were discovered. These documents proved their involvement in conspiracy and fraud. The documents included personal documents of Johns-Manville President Sumner Simpson and correspondence from the general attorney of another asbestos producer, Raybestos Manhattan. These documents revealed a conspiracy between these companies to hide the dangers of asbestos and deflect efforts to educate the public.

The discovery of these, and other forms of corporate fraud and conspiracy in the early to mid-1980s sparked a wave of class action settlements as well as other attempts to limit asbestos attorney liability for asbestos companies. These efforts were met with fierce resistance from plaintiffs' attorneys and their clients, as as the public at large.

The Third Case

In the 1970s, asbestos companies were no longer able to conceal the devastating effects of asbestos-related diseases such as mesothelioma from the general public. This was due to the fact that the connection between asbestos and diseases like asbestosis, mesothelioma and other respiratory problems started receiving attention from major national publications instead of just small medical journals or newsletters for industry. After the links between asbestos and serious illnesses were established, victims began filing lawsuits against asbestos manufacturers.

In the 1970s, a court ruling that allowed plaintiffs the recourse to strict liability as a legal principle was one of the primary reasons for an increase in asbestos lawsuits. Plaintiffs in asbestos lawsuits used to have to prove that asbestos manufacturers were negligent for exposing them. In the 1973 case of Borel v. Fibreboard a judge ruled asbestos manufacturers liable for any injuries that resulted from their products if they knew their product was dangerous but did not inform their employees or the general public about the dangers.

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

Since the time, asbestos litigation has continued to increase due to the increasing number of victims suffering from asbestos-related diseases. Asbestos lawsuits are often complicated due to the ailments that they cause can take a long time to manifest and are not always evident to those who have been diagnosed.

In addition certain victims have been forced to wait for years to receive compensation from insurance companies after their employers were found to be liable. The US Supreme Court has dealt with a variety of cases involving settlements for class actions that asbestos companies offered as a way to limit their liability, and it has also considered the issue of whether it is possible to hold defendants accountable for injuries caused by asbestos.

The Fourth Case

Asbestos is a highly dangerous mineral, which has killed or sickened hundreds of thousands of people over the decades. Asbestos was also widely used by companies who were aware of its dangers yet continued to use it.

As the legal system deals with asbestos lawsuits, new developments are taking place all the time. One of the most significant legal developments is the ruling Lubbe v. Cape Plc. This set a precedent allowing victims to sue multinational corporations in their home countries to recover compensation.

In most cases, these situations are accompanied by secondary exposure to asbestos. Workers who handle asbestos at work may pass it on to their families or spouses. The family members then suffer from mesothelioma or other asbestos-related illnesses.

There are many lawsuits filed today by the families of victims of this type of situation. Asbestos lawyers can assist families file a lawsuit against the company responsible for their loved ones' asbestos injuries.

The rise of class-action lawsuits is a major change in asbestos litigation. These asbestos lawsuits allow victims to pursue justice with the assistance of a lawyer who is experienced in the complicated legal issues that these cases raise.

While a lot of asbestos lawyers have pushed for this type of lawsuit, there are those who are against it. In fact there have been a number of attempts to pass legislation that would limit the use of asbestos class actions.

The most recent major change in asbestos litigation is the filing an action by Massachusetts residents against 4 companies for how they handled asbestos removal and disposal. The lawsuit claimed that the companies had violated the law of the state by not properly disposing of asbestos and failing to safeguard residents from the harmful dust.

Asbestos litigation has been ongoing for decades, and it's likely that it will continue to do so well into the future. The asbestos industry has tried to shield itself from responsibility by using legal arguments based on technicalities and by trying to pass legislative remedies that would block victims from seeking justice. But, it appears that a lot of victims and their attorneys are determined to see justice done.