Asbestos Lawsuit History

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

Nellie Kershaw filed her first asbestos lawsuit. She developed health issues while working in an asbestos fiber plant in England. She died at 33 due to fibrosis of her lungs, which was caused by asbestos exposure.

The First Cases

Asbestos, a hazardous mineral, has sickened and killed thousands of people over the years. Asbestos claims can be filed for a variety of reasons, but they typically involve those who were exposed to the substance at work. This includes workers at factories that produced asbestos-related products or those working on the construction of structures containing asbestos and even those who were exposed to asbestos from household products that were contaminated, such as talcum powder.

Anyone who was exposed to asbestos could develop a number of different illnesses like mesothelioma, lung cancer, and other respiratory conditions. Many people have been awarded compensation for their injuries even though some these diseases can be fatal. Most countries have laws requiring manufacturers of dangerous substances to inform anyone who might be injured.

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

Asbest lawsuits continued to be filed in the years that followed. Asbestos litigation grew into a large area of law, and many attorneys began to specialize in asbestos litigation. This meant that they took on the most serious cases. Kazan Law was one firm that focused on this in the late 80s.

Other lawsuits have been won by people who suffered from asbestos-related ailments like asbestosis and pleural plaques. This is due to the fact that the disease that caused them was similar to mesothelioma and therefore simpler for lawyers to prove. These claims also led to the disclosure of secret documents that revealed the way asbestos producers attempted to conceal the dangers. In 1989 the Asbestos Ban & Phase Out Rule was enacted.

The Second Case

As the number diagnosed with asbestos-related diseases grew, victims and families began bringing lawsuits. These lawsuits were brought against companies who mined asbestos attorney, made asbestos-containing products, or sold asbestos-containing goods. Mesothelioma patients also filed lawsuits against the companies that designed and constructed the structures 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 battle over asbestos lawsuits began to intensify and courts made decisions on various aspects of the process. A federal court, for example determined that only people suffering from malignant asbestos-related diseases such as mesothelioma and lung cancer were eligible to take on asbestos manufacturers. products. This ruling, dubbed Borel v. Fibreboard Paper Products Corp. is a major setback for defendants 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 case against asbestos companies. Kershaw was factory worker from Rochdale in England, was diagnosed with lung problems caused by her close exposure to asbestos fibers in raw form. She tried to get her employer to pay for the treatment. The company, however, refused. Kershaw passed away at the age of 33 from lung fibrosis.

The second round of asbestos lawsuits centered on those who were exposed to various types of asbestos-containing building products such as fireproofing sprays, and drywall products. Asbestos lawyers also prevailed in cases against companies that manufactured the equipment that made use of asbestos-containing materials, such as pumps and boilers.

During this time, a variety of documents that implicated asbestos companies were discovered. These documents showed their involvement in conspiracies and fraud. This included the personal records of Johns-Manville president Sumner Simpson, as well as correspondence from the general counsel of another asbestos manufacturer, Raybestos Manhattan. These documents revealed a plot between these companies to hide the dangers of asbestos and deflect efforts to educate the public.

In the early and mid-1980s, when these and other forms corporate fraud and conspiracy were exposed in the 1980s, a wave of class action settlements was launched and other efforts were made to limit asbestos liability were made by asbestos companies. These attempts were met with a fierce resistance from plaintiffs' attorneys and their clients, as well as from the public at large.

The Third Case

In the 1970s, asbestos companies had lost the ability to keep information about the devastating effects of mesothelioma and the other asbestos attorneys-related diseases from the public. This was due in large part to the fact major national publications began to pay attention to the link between mesothelioma, asbestos, and other respiratory diseases, rather than small industry newsletters and medical journals. Once the connection between asbestos and serious illnesses was well established, victims started filing lawsuits against asbestos producers.

One of the major factors that pushed an increase in asbestos lawsuits in the 1970s was a court decision that allowed plaintiffs to utilize the legal concept of strict liability. Previously asbestos lawsuits, plaintiffs had to prove that asbestos manufacturers were negligent in the way they caused 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 when the company knew their product was dangerous and failed to warn its employees or the general public about its dangers.

In the wake of this ruling, a number of asbestos-related companies were forced to file for bankruptcy, a process that allows a business to reorganize in bankruptcy court, and put money in trusts to cover asbestos claims and still continue to operate. Johns-Manville is a notable example. It was hit by numerous lawsuits brought by former employees who were suffering from asbestosis, mesothelioma and lung cancer. Kazan Law set several cases against the manufacturer and was able get punitive damage verdicts against the company.

Since the time asbestos litigation has continued grow as a result of the growing number of people suffering from asbestos-related diseases. Asbestos lawsuits are often complicated, as the illnesses they cause can take years to manifest and aren't always apparent to those who are diagnosed.

Some victims have been forced to wait for years for reimbursement from insurance companies, even after their employers were found liable. The US Supreme Court has addressed several cases in which asbestos companies sought to limit their liability by offering settlements in class action. It also has addressed the question of whether individual defendants could be held accountable for injuries resulting from asbestos.

The Fourth Cases

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

The legal system is able to handle these asbestos lawsuits, there are always new developments. 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 cases typically result in secondary exposure to asbestos. This occurs when employees who work with asbestos while on the job transfer 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 kind of situation. Asbestos lawyers can aid families file a lawsuit against the company responsible for their loved ones' asbestos-related injuries.

Another major advancement in asbestos litigation has been the emergence of class action lawsuits. These asbestos lawsuits offer victims the opportunity to seek justice with the help of an attorney who is familiarized with the complex legal issues these cases bring up.

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

The most recent major advancement in asbestos litigation was the filing of a suit by Massachusetts residents against four companies concerning how they dealt with asbestos abatement and disposal. The lawsuit claimed that the companies had violated state law by not disposing of asbestos properly and failing to protect residents from harmful dust.

Asbestos litigation has been a long-running issue that is likely to continue for a number of decades to come. The asbestos industry has attempted to avoid accountability by making legal arguments that are technical and by attempting to pass legislative remedies which would stop victims from seeking justice. It seems that many victims, and their lawyers are determined to see justice served.