Asbestos Lawsuit History

Many asbestos victims have received help from lawyers such as Stanley Levy. People suffering from asbestos-related illnesses, such as mesothelioma, can sue companies that mined asbestos, made or used asbestos.

The first asbestos lawsuit was filed by Nellie Kershaw. She developed health issues while working in an asbestos fiber factory in England. She died at the age of 33 due to fibrosis that had developed in her lungs, caused by asbestos exposure.

The First Cases

Asbestos is a hazardous mineral that has ill-treated or killed thousands of people over the course of time. Asbestos claims can be filed for many reasons, but they typically involve people who were exposed to asbestos at work. This could include workers in factories that produced asbestos-related products as well as those who worked in the construction of buildings that contain asbestos, and even those who were exposed to secondhand asbestos from contaminated household products like talcum powder.

Exposure to asbestos can cause various diseases, including lung cancer, mesothelioma and other respiratory problems. Although some of these diseases are serious and may be fatal, many people have been able to obtain compensation for their injuries. Many countries have laws that require companies that produce dangerous substances to warn anyone who could be injured.

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

Asbest lawsuits continued to be filed in the years following. Some of these cases were very large, and many attorneys began to specialize in asbestos litigation. They only took on cases that were serious. Kazan Law was one firm that was focusing on this in the late 80s.

Other lawsuits were won by individuals who had suffered from other asbestos-related illnesses such as asbestosis or pleural plaques. This is because the disease that caused these was like mesothelioma making it more straightforward for lawyers to prove. These claims also led to the revelation of secret documents that showed how asbestos-related manufacturers tried to hide the dangers. In 1989 the Asbestos Ban & Phase Out Rule was enacted.

The Second Cases

As the number diagnosed with asbestos-related diseases grew the families and victims began filing lawsuits. These lawsuits were brought against companies who mined asbestos, made asbestos attorneys-containing products, or sold asbestos-containing goods. Additionally, mesothelioma patients filed claims against the companies that designed and constructed the buildings where they worked like power plants, shipyards, refineries and factories. The connection between mesothelioma and asbestos exposure is very strong.

In the early 1980s, the legal litigation over asbestos lawsuits started to intensify and courts made decisions on various aspects of the litigation procedure. For example a federal court decided that only those suffering from a malignant asbestos-caused illness such as mesothelioma, or lung cancer are eligible to file lawsuits against the producers of the asbestos products they used. This ruling, known as Borel v. Fibreboard Paper Products Corp., was an important setback for asbestos lawsuit defendants.

Around 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 due to her exposure to raw asbestos fibers. Kershaw tried to convince her employer to cover the cost of treatment. However, the company refused. Kershaw died in her 30s of fibrosis.

The second round of asbestos lawsuits centered on workers exposed to different types asbestos-containing building products, like fireproofing sprays and drywall products. Asbestos lawyers also successfully brought cases against companies that manufactured the equipment that utilized asbestos-containing materials, such as pumps and boilers.

During this time, a variety of documents pertaining to asbestos lawyer companies were uncovered. These documents showed their involvement in conspiracy and fraud. This included the personal records of Johns-Manville president Sumner Simpson, as well as correspondence from the general counsel of another asbestos producer, Raybestos Manhattan. These documents revealed a shady alliance 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 collusion in the early to mid-1980s led to a flurry of class action settlements as well as other attempts to limit asbestos liability for asbestos-related companies. These attempts were met with massive opposition from plaintiffs' attorneys, their clients and the general public.

The Third Cases

In the 1970s, asbestos firms had lost the ability to keep information about the devastating effects of mesothelioma as well as other asbestos-related diseases from the public. This was due in large part 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 just small industry newsletters or medical journals. When asbestos-related serious illness were well established and the victims began filing lawsuits against asbestos manufacturers.

One of the main driving factors that led to more asbestos lawsuits in 1970s was a court decision that allowed plaintiffs to use the legal concept of strict liability. Plaintiffs in asbestos cases used to need to prove that asbestos manufacturers were negligent in exposing them to. However in the 1973 case of Borel v. Fibreboard, a judge ruled that asbestos manufacturers were liable for any injuries caused by their products if the company knew that their product was unsafe and did not warn its employees or the public about its dangers.

After the ruling, a number of asbestos producers filed for bankruptcy. This procedure allows a business, while still operating, to reorganize its affairs in bankruptcy court and place money in trusts to pay asbestos claimants. Johns-Manville is an example. It was a victim of numerous lawsuits brought by former workers who were diagnosed with asbestosis, mesothelioma and lung cancer. Kazan Law set several cases against the manufacturer, and was able to obtain punitive damages verdicts against the company.

Since then, asbestos litigation has continued grow due to the increasing number of victims suffering from asbestos-related diseases. Asbestos litigation is often complex because the illnesses caused by asbestos can take years to manifest and aren't always apparent to those who are diagnosed.

A few victims have had to wait years for reimbursement from insurance companies even after their employers were found responsible. The US Supreme Court has dealt with numerous cases involving class action settlements that asbestos companies offered in an attempt to limit their liability, and it has also considered the issue of whether it is possible to hold individuals responsible for asbestos-related injuries.

The Fourth Cases

Asbestos, a substance that is extremely dangerous, has sickened and killed hundreds of thousands of people over the years. It's also a material that was used extensively by companies that knew that it was dangerous, and yet they continued to employ it in their manufacturing processes.

As the legal system handles these asbestos lawsuits new developments are taking place constantly. One of the most significant legal developments is a decision called Lubbe v. Cape Plc, which set an example that allows asbestos victims to sue multinational companies in their home jurisdictions for compensation.

These situations usually involve secondary exposure to asbestos. Workers who work with asbestos work can transfer it to their family members or spouses. The family members suffer from mesothelioma and other asbestos-related diseases.

Many lawsuits are filed by the families of victims based on this kind of situation. Asbestos lawyers can assist families file a claim against the company responsible for their loved ones' asbestos injuries.

The rise of class action lawsuits is a significant development in asbestos litigation. These asbestos lawsuits permit victims to pursue justice with the help of a lawyer familiar with the complex legal issues these cases present.

While a lot of asbestos lawyers have pushed for this kind of lawsuit, there are those who are against it. There have been numerous initiatives to pass legislation that limit the use of class actions in asbestos lawsuits.

The most recent major change in asbestos litigation is the filing an action by Massachusetts residents against four companies for handling 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 protect residents from harmful dust.

Asbestos litigation has been ongoing for decades and it's likely that it will continue to be for a long time to come. The asbestos industry has attempted to avoid responsibility through legal arguments that are technical and by trying to pass legislative solutions that would stop victims from seeking justice. However, it seems that many victims and their attorneys are determined to see justice served.