Asbestos Lawsuit History

Many asbestos victims have received assistance from lawyers such as Stanley Levy. Patients suffering from mesothelioma or other asbestos-related illnesses can sue companies that mined, manufactured 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 passed away at the age of 33 of fibrosis in the lung caused by asbestos exposure.

The First Cases

Asbestos is a hazardous mineral that has afflicted or killed thousands of people over the course of time. Asbestos claims are filed for many reasons, but the majority involve those who have been exposed to asbestos while at work. This could include workers in factories that produced asbestos-related products as well as those who worked on the construction of buildings containing asbestos and even those who were exposed to secondhand asbestos from household products contaminated with asbestos like talcum powder.

Anyone who was exposed to asbestos could be afflicted with a variety of illnesses like mesothelioma, lung cancer and other respiratory diseases. While some of these illnesses are extremely serious and could be fatal, many have been able receive compensation for their injuries. This is because many countries have laws that require companies that produce dangerous substances to warn those who could be injured by them.

The first asbestos lawsuit, filed in 1929, was filed by a woman with the name of Anna Pirskowski. She suffered from breath shortness and thickening of the fingertip tissue (known as clubbing). She received a settlement worth $75,000 in what is believed to be a first class action lawsuit that involved asbestos.

In the years that followed there were a lot of asbestos lawsuits were filed. Asbestos litigation became a vast area of law and many lawyers began to specialize in asbestos litigation. This meant that they dealt with the most serious cases. Kazan Law was one firm that was focusing on this in the late 80s.

Other lawsuits were won by those who been diagnosed with other asbestos-related diseases like asbestosis or plaques in the pleural cavity. The condition that caused them was very similar to mesothelioma which makes it more straightforward to prove for lawyers. These claims led to the disclosure of secret documents that showed how asbestos manufacturers tried to hide their risks. In 1989 the Asbestos Ban & Phase Out Rule was enacted.

The Second Cases

As the number of people suffering from asbestos-related illnesses grew, the victims and their families began filing lawsuits against companies that mined, produced or sold asbestos-containing products. Additionally, mesothelioma patients filed lawsuits against the companies who designed and constructed the structures where they worked like shipyards, power plants factories and refineries. The link between asbestos exposure and mesothelioma development is strong.

In the early 1980s the legal litigation over asbestos lawsuits grew more ferocious, and courts began to rule on many aspects of the case process. A federal court, for instance determined that only people suffering from malignant asbestos-caused diseases like mesothelioma or lung cancer could sue the manufacturers of asbestos products. This ruling, also referred to 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 thought to be the first well-known legal claim against asbestos-related companies. Kershaw was factory worker from Rochdale, England was diagnosed with lung problems caused by her close exposure to asbestos fibers. Kershaw tried to convince her employer to cover the cost of treatment. But, the company was unable to agree. Kershaw passed away at 33 years old from fibrosis of her lungs.

The second round of asbestos cases focused on workers who worked at construction sites and were exposed to various types of asbestos-containing building products such as fireproofing sprays, textures and drywall products. Asbestos lawyers also filed successful cases against companies who manufactured equipment that used asbestos-containing materials, like boilers and pumps.

During this time, a number of incriminating documents were uncovered that proved asbestos companies were involved in fraud and conspiracy. The documents include the personal files of Johns-Manville President Sumner Simpson and correspondence from the general attorney for another asbestos producer, Raybestos Manhattan. These documents revealed the plot of these companies to hide knowledge that asbestos was dangerous and to thwart efforts to inform the public about asbestos' dangers.

In the early and mid-1980s When these and other forms of corporate fraud and conspiracy were uncovered in the 1980s, a wave of class action settlements was launched, along with other attempts were made to reduce asbestos liability by asbestos companies. These attempts were met by fierce resistance from plaintiffs’ attorneys and their clients as well as the public.

The Third Cases

In the 1970s, asbestos-related companies were no longer able to cover up the dangers of asbestos-related diseases like mesothelioma from the public. This was due in large part to the fact that the link between asbestos and illnesses like asbestosis, mesothelioma and respiratory diseases like asthma began getting attention from major national publications instead of small medical journals or industry newsletters. After asbestos-related serious illnesses were well-established, victims began making lawsuits against asbestos producers.

In the 1970s, a court decision that allowed plaintiffs to use of strict liability as a legal principle was one of the primary factors that led to an increase in asbestos lawsuits. Previously asbestos lawsuits, plaintiffs had to prove that asbestos manufacturers were negligent in creating their exposure to asbestos. However in the 1973 case of Borel v. Fibreboard, a judge ruled that asbestos manufacturers were accountable for any injuries caused by their products if the company knew that their product was unsafe and failed to warn its employees or the public about its dangers.

In the wake of this ruling, a number of asbestos producers have filed for bankruptcy, a process which allows a company to be reorganized in bankruptcy court, and put money in trusts to pay for asbestos claims and still continue to operate. Johns-Manville is one of the most notable examples. It was hit by numerous lawsuits brought by former factory workers who were diagnosed with asbestosis, mesothelioma, and lung cancer. Kazan Law brought several cases against the manufacturer, and was able to get punitive damages verdicts against it.

Asbestos litigation has grown in the past few years due to the rising number of asbestos-related diseases. Asbestos cases can be complicated because the diseases that they cause can take a long time to manifest themselves and are not always apparent to those who are diagnosed.

Some victims have been waiting for years to receive settlements from insurance companies, even after their employers were found liable. The US Supreme Court has dealt with a variety of cases involving class action settlements that asbestos companies offered in an attempt to limit their liability, and has also looked into the question of whether or not it is possible to hold individuals responsible for injuries caused by asbestos attorneys.

The Fourth Case

Asbestos is a very dangerous mineral that has killed or sickened hundreds of thousands of people over the decades. It's also a material that was widely used by companies who knew it was deadly but continued to employ it in their manufacturing processes.

As the legal system deals asbestos lawsuits and asbestos lawsuits, there are always new developments. One of the most important legal developments is the decision Lubbe v. Cape Plc. This set the precedent for victims to sue multi-national companies in their home countries to recover compensation.

In most cases, these situations involve secondary exposure to asbestos. Workers who handle asbestos at work may pass it on to their family members or spouses. The family members are affected by mesothelioma as well as other asbestos-related illnesses.

This type of situation is the basis for many lawsuits brought by the families of victims in the present. Asbestos lawyers can assist families file a lawsuit against the company responsible for their loved ones' asbestos-related injuries.

The rise of class action lawsuits is a major change in asbestos litigation. These asbestos lawsuits provide victims the opportunity to seek justice through the assistance of an attorney who is familiarized with the complex legal issues these cases bring up.

While many asbestos attorneys have advocated for this type of litigation, there are those who are against it. There have been several attempts to pass legislation to restrict the use of class actions in asbestos lawsuits.

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

Asbestos litigation has been ongoing for a long time and it's likely that it will continue to do so throughout the years to come. The asbestos industry has attempted to shield itself from responsibility using legal arguments that are technical, and by trying to pass legislative remedies that would prevent victims from seeking justice. It appears that many victims, as well as their lawyers are determined to see justice served.