Asbestos Lawsuit History

Lawyers like Stanley Levy have helped many asbestos victims. People with asbestos-related diseases like mesothelioma are able to 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 factory in England. She passed away at 33 due to fibrosis in her lungs, caused by exposure to asbestos.

The First Cases

Asbestos is a dangerous mineral that has afflicted or killed thousands of people over the course of time. Asbestos claims can be filed for a variety of reasons, but they generally involve those who were exposed to the substance at work. This includes those who worked in factories that produced asbestos-related products or on the construction site of buildings with asbestos. It could also include people who were exposed to asbestos through household products like talcum powder.

Exposure to asbestos can lead to a variety of illnesses which include lung cancer, mesothelioma and other respiratory issues. While some of these illnesses are very serious and can be fatal, a lot of people have been able to obtain compensation for their injuries. Many countries have laws that require manufacturers of dangerous substances to warn anyone who may be injured.

The first asbestos lawsuit was filed in 1929. It included a woman named Anna Pirskowski. She suffered from shortness of breathe and a thickening of the tissue around the fingertip (known as clubbing). She was awarded an amount of $75,000 as a settlement and is believed to be the first class action lawsuit in relation to asbestos.

Asbest lawsuits continued to be filed throughout the years that followed. Asbestos litigation became a very large area of law, and many lawyers began to specialize in asbestos litigation. They only would take on cases that were extremely serious. Kazan Law was one firm that specialized in this area in the latter part of the 80s.

Other lawsuits have been won by people who suffered from asbestos-related ailments such as asbestosis or pleural plaques. The disease that caused them was like mesothelioma and therefore simpler to prove for lawyers. These claims also led to the revelation of secret documents that showed the way asbestos producers tried to conceal the risks. This led to the Asbestos Ban and Phase Out Rule being issued in 1989.

The Second Case

As the number of people diagnosed with asbestos-related diseases grew, patients and their families began bringing lawsuits against companies that mined, produced or sold asbestos-containing products. Mesothelioma victims also filed lawsuits against companies that designed and constructed the buildings where they worked, including power plants, shipyards and refineries. The link between mesothelioma and asbestos exposure is very strong.

In the early 1980s, legal battles over asbestos lawsuits became more intense and the courts began to rule on a variety of aspects of the case process. For instance a federal court decided that only people suffering from malignant asbestos-related illness such as mesothelioma, or lung cancer are able to bring a lawsuit against the manufacturers of the asbestos products they employed. This ruling, also known as Borel V. Fibreboard Paper Products Corp. was a major setback in asbestos litigation.

At the same time, Nellie Kershaw, a factory worker from Rochdale, England, filed what is considered the first well-known legal claim against asbestos-related companies. Kershaw, a factory worker from Rochdale, England, was diagnosed with lung problems caused by her frequent exposure to asbestos fibers. She attempted to convince her employer to cover the cost of treatment. The company, however, refused. Kershaw passed away in her 30s from fibrosis.

The second wave of asbestos-related cases focused on workers who worked at construction sites and were exposed to different types of asbestos-containing building materials including fireproofing sprays drywall materials and textures. Asbestos lawyers also won cases against companies that made the equipment that made use of asbestos-containing materials, like boilers and pumps.

During this time, numerous incriminating documents were discovered that proved asbestos companies have been involved in fraud and conspiracy. The documents include the personal files of Johns-Manville President Sumner Simpson and correspondence from the general attorney of another asbestos producer, Raybestos Manhattan. These documents revealed a plot between these companies to conceal asbestos' dangers and deflect efforts to educate the public.

The discovery of these and other forms of corporate fraud and collusion in the early and mid-1980s sparked a wave of class action settlements and other attempts at limiting asbestos liability for asbestos-related companies. These efforts were met with massive opposition from plaintiffs' attorneys, their clients and the public.

The Third Case

By the 1970s asbestos companies were no longer able hide the deadly effects of asbestos-related diseases such as mesothelioma from the general public. This was due to the fact that the link between asbestos and diseases like mesothelioma, asbestosis, and other respiratory problems started receiving attention from major national publications instead of small medical journals or industry newsletters. As soon as the link between asbestos and serious illnesses was well-established, victims began filing lawsuits against asbestos producers.

In the 1970s, a court ruling which allowed plaintiffs to make use of strict liability as a legal concept was among the major reasons for an increase in asbestos lawsuits. In the past asbestos lawsuits, plaintiffs required proof that asbestos manufacturers were negligent in creating their asbestos exposures. However in the 1973 case of Borel v. Fibreboard, a judge ruled that asbestos manufacturers were responsible for any injuries their products caused if the company knew that their product was hazardous and did not inform its employees or the general public about the dangers.

After the ruling, a number of asbestos producers have filed for bankruptcy. This process permits a business, even though it is still in operation, to organize itself in bankruptcy court and to put money in trusts to pay asbestos claimants. Johns-Manville is an example. It was the victim of numerous lawsuits filed by former factory employees who were suffering from asbestosis, mesothelioma and lung cancer. Kazan Law brought several cases against the manufacturer, and was able to get punitive damages against it.

Since the time asbestos litigation has continued to grow due to the rising number of victims suffering from asbestos attorney-related diseases. Asbestos litigation is often complex due to the fact that the ailments 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 forced to wait for years for reimbursement from insurance companies, even after their employers were found responsible. The US Supreme Court has dealt with a variety of cases involving settlements for class actions that asbestos companies offered in an attempt to limit their liability and has also looked into the issue of whether it is possible to hold individual defendants liable for asbestos-related injury.

The Fourth Case

Asbestos is a highly dangerous mineral that has caused the death or sickness of hundreds of thousands of people over the decades. It's also a material that was widely used by companies who knew it was dangerous but continued to use it in their manufacturing processes.

As the legal system handles asbestos lawsuits and asbestos lawsuits, there are always new developments. One of the most significant legal developments is the decision Lubbe v. Cape Plc. This set the precedent for victims to sue multinational corporations in their home countries for compensation.

In most cases, these situations are accompanied by secondary exposure to asbestos. This occurs when employees who handle asbestos while on the job transfer it to their spouses or children living at home. The family members are affected by mesothelioma as well as other asbestos-related illnesses.

There are many lawsuits filed today by the families of victims based on this kind of case. asbestos lawyers (internet) can aid families file a claim against the company responsible for their loved ones' asbestos injuries.

The emergence of class-action lawsuits is a significant development in asbestos litigation. These asbestos lawsuits permit victims to seek justice with the assistance of a lawyer experienced in the complicated legal issues that these cases present.

While a lot of asbestos lawyers have advocated for this type of litigation, there are also some who oppose it. In fact there have been a number of attempts to pass legislation that would limit the use of asbestos-related class actions.

The latest major advancement in asbestos litigation is the filing of an action by Massachusetts residents against 4 companies over their handling of asbestos removal and disposal. The lawsuit claimed that the firms violated state laws in not properly disposing asbestos and exposing residents to toxic dust.

Asbestos litigation has been going on for a long time and it will continue to be for a long time to come. The asbestos industry has tried to avoid responsibility through legal arguments that are technical, and by trying to pass legislative solutions which would hinder victims from seeking justice. However, it seems that a lot of victims and their attorneys are determined to get justice.