Asbestos Lawsuit History

Lawyers like Stanley Levy have helped many asbestos victims. People suffering from asbestos-related illnesses such as mesothelioma can sue companies that mined, manufactured or used asbestos.

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

The First Cases

Asbestos, a dangerous mineral, has sickened and killed thousands throughout the years. Asbestos claims are filed for a variety of reasons, but they usually involve people who have been exposed to asbestos at work. This includes those who worked in factories that produced asbestos attorneys-related products or on the construction sites of buildings with asbestos. It can also be people who were exposed to asbestos through household products such as talcum powder.

Exposure to asbestos can lead to a variety of diseases which include lung cancer, mesothelioma and other respiratory ailments. Although some of these diseases are very serious and can be fatal, many have been able to obtain 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 was filed in 1929, and was filed by a woman whose name was Anna Pirskowski. She was suffering from a number of ailments, including shortness of breath and the thickening of the fingertip tissue, which is known as clubbing. She was awarded a settlement of $75,000 that is believed to be the first class action lawsuit filed in connection with asbestos.

In the years following there were a lot of asbestos lawsuits were filed. Some of the cases grew very large, and many attorneys began to specialize in asbestos litigation. This meant that they took on the most serious cases. One firm that did this was Kazan Law, which in the late 1980s began to focus on the bringing of cases on behalf of people who had mesothelioma.

Other lawsuits were won by individuals who suffered from other asbestos-related illnesses such as asbestosis or pleural plaques. This is because the condition that caused these was similar to mesothelioma and therefore more straightforward for lawyers to prove. These claims led to the 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 enacted in 1989.

The Second Case

As the number diagnosed with asbestos-related diseases grew the families and victims began filing lawsuits. These lawsuits were filed against companies who mined asbestos, made asbestos-containing products, or sold asbestos-containing goods. Mesothelioma sufferers also filed claims against the companies that created and built the buildings that they worked in including shipyards, power plants, and refineries. The link between asbestos exposure and mesothelioma development is solid.

In the early 1980s, the legal battle over asbestos lawsuits began to intensify and courts made decisions on various aspects of the litigation procedure. For instance a federal court ruled that only people suffering from malignant asbestos-related disease like mesothelioma or lung cancer are able to bring lawsuits against the producers of asbestos-related products they used. This ruling, dubbed Borel v. Fibreboard Paper Products Corp. is an important setback for asbestos lawsuit defendants.

Around the same time, Nellie Kershaw, a factory worker from Rochdale, England, filed what is believed to be the first legal claim that is well-known against asbestos-related companies. Kershaw was a factory worker from Rochdale, England, was diagnosed with lung issues caused by her frequent exposure to raw asbestos fibers. She attempted to convince her employer to pay for the treatment. However, the company refused. Kershaw passed away at 33 years old of 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 successfully brought cases against companies that manufactured the equipment that used asbestos-containing materials, like pumps and boilers.

During this time, numerous documents that were incriminating were found that revealed asbestos companies' involvement in fraud and conspiracy. The documents included the personal files of Johns-Manville president Sumner Simpson, as well as correspondence from the general counsel for another asbestos manufacturer, Raybestos Manhattan. These documents revealed a conspiracy between these two companies to hide the dangers of asbestos and suppress efforts to warn the public.

The discovery of these and other forms of corporate fraud and collusion in the early to mid-1980s caused a surge of class action settlements and other efforts to limit asbestos liability for asbestos companies. These attempts were met with strong opposition from plaintiffs' attorneys as well as their clients and the general public.

The Third Cases

In the 1970s, asbestos firms had lost the ability to hide information about the devastating effects of mesothelioma as well as other asbestos-related diseases from the public. This was due to the fact that the link between asbestos and diseases such as mesothelioma, asbestosis and respiratory diseases like asthma began getting attention from major national publications instead of small industry newsletters or medical journals. Once the links between asbestos and serious illness were well established, victims began filing lawsuits against asbestos manufacturers.

One of the major push factors that led to increased asbestos lawsuits in the 1970s was a court ruling that allowed plaintiffs to use the legal concept of strict liability. Previously asbestos lawsuits, plaintiffs had to prove that asbestos manufacturers were negligent in creating their exposure to asbestos. In the 1973 case of Borel v. Fibreboard a judge ruled asbestos manufacturers accountable for any injuries caused by their products if they knew that 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 procedure allows a company, even if still operating, to reorganize itself in bankruptcy court and put money in trusts to pay asbestos claimants. Johns-Manville is a notable example, as it was hit with numerous lawsuits filed by former workers who suffered from asbestosis, lung cancer, and mesothelioma. Kazan Law set several cases against the manufacturer, and was able to win punitive damage verdicts against the company.

Since then asbestos litigation has continued increase due to the growing number of people suffering from asbestos-related ailments. Asbestos cases are often complex due to the ailments they cause can take decades to manifest and are not always immediately obvious to those diagnosed.

Some victims have also had to wait years for compensation 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 settlements for class actions. It also has addressed the question of whether individual defendants can be held liable for asbestos related injury.

The Fourth Cases

Asbestos is an incredibly dangerous mineral, which has sickened or killed hundreds of thousands of people over the many years. It's also a material that was used extensively by companies that knew it was deadly and they continued to make use of it in their manufacturing processes.

As the legal system handles these asbestos lawsuits and asbestos lawsuits, new developments take place every day. 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 corporations in their home jurisdictions for compensation.

Most of the time, these cases involve exposure to asbestos in the second degree. This happens when workers who handle asbestos on the job pass it to their spouses or children living at home. Family members suffer from mesothelioma and other asbestos-related diseases.

Many lawsuits are filed today by the families of victims based on this type of situation. Asbestos lawyers can help families bring a case against the responsible parties for the asbestos injuries of their loved ones.

Another big advancement in asbestos litigation is the increase in class action lawsuits. These asbestos lawsuits allow victims to pursue justice with the assistance of a lawyer experienced in the complicated legal issues that these cases bring.

While asbestos lawyers have pushed for this kind of lawsuit, there are some who oppose it. There have been numerous attempts to pass legislation to restrict the use of class actions in asbestos lawsuits.

The latest major development in asbestos litigation is the filing of a suit by Massachusetts residents against four companies over their handling of 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 the harmful dust.

Asbestos litigation has been ongoing for decades and it's likely that it will continue to be well into the future. The asbestos industry has tried to avoid responsibility by bringing up technical legal arguments and by trying to get legislative remedies passed which would stop victims from seeking justice. It appears that many victims, and their lawyers are determined to get justice served.