Asbestos Lawsuit History

Lawyers like Stanley Levy have helped many asbestos victims. Patients suffering from mesothelioma and asbestos-related illnesses can sue companies that produced, mined or used asbestos or asbestos-containing products.

The first asbestos lawsuit was filed by Nellie Kershaw. She developed health issues while working in an asbestos fiber manufacturing plant in England. She passed away at the age of 33 of fibrosis in the lungs 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 a variety of reasons, but most often involve those who have been exposed to asbestos in their work. This includes workers at factories that made asbestos-related items, people who worked on the construction of structures containing asbestos and even those who were exposed to secondhand asbestos attorneys from contaminated household products such as talcum powder.

Exposure to asbestos can lead to a variety of illnesses which include mesothelioma, lung cancer, and other respiratory ailments. While some of these illnesses are serious and may be fatal, many have been able to receive compensation for their injuries. The majority of countries have laws that require companies that produce dangerous substances to warn anyone who could 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 range of symptoms including shortness of breath and the thickening of the fingertip tissue which is called clubbing. She was awarded a settlement of $75,000 in what is believed to be the first-ever class action lawsuit involving asbestos.

In the years that followed there were a lot of asbestos lawsuits were filed. Some of the cases grew quite large, and a lot of attorneys began to specialise in asbestos litigation. They only accepted cases that were important. Kazan Law was one firm that was focusing on this in the latter part of the 80s.

Other lawsuits were won by those who suffered from other asbestos-related illnesses like asbestosis or plaques in the pleural cavity. The disease that caused them was very like mesothelioma and therefore easier to prove for lawyers. These claims also led to the revelation of secret documents that demonstrated the way asbestos producers tried to hide the dangers. This led to the Asbestos Ban and Phase Out Rule being enacted in 1989.

The Second Cases

As the number of people suffering from asbestos-related diseases grew, patients and their families began bringing lawsuits against companies that mined, manufactured or sold asbestos-containing products. Mesothelioma victims also filed lawsuits against companies that designed and constructed the buildings that they worked in such as shipyards, power plants and refineries. The connection between asbestos exposure and the development of mesothelioma is strong.

By the early 1980s, the legal battle over asbestos lawsuits began to escalate and the courts made rulings on a variety of aspects of the process. A federal court, for example, ruled that only those suffering from malignant asbestos-related diseases like mesothelioma or lung cancer were able to take on asbestos manufacturers. products. This ruling, known as Borel v. Fibreboard Paper Products Corp. was a major setback for defendants in asbestos litigation.

The same time, Nellie Kershaw from Rochdale in England filed what is regarded as the first well-known lawsuit against asbestos companies. Kershaw was diagnosed with lung problems due to her frequent contact with raw asbestos fibers, attempted to get the firm she worked for to pay for her medical treatments. The company refused. Kershaw died at 33 years old of lung fibrosis.

The second wave of asbestos lawsuits focused on people who had been exposed to different types of asbestos-containing building products such as fireproofing sprays, and drywall products. Asbestos lawyers also filed successful cases against companies who produced equipment that contained asbestos-containing materials, such as pumps and boilers.

During this time, a variety of documents incriminating asbestos companies were discovered. These documents proved their involvement in conspiracies and fraud. 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 cover up knowledge that asbestos was dangerous and to thwart efforts to inform the public of asbestos' dangers.

The discovery of these, and other forms of corporate fraud and collusion in the mid- to late 1980s led to a flurry of class action settlements and other efforts to limit asbestos liability for asbestos-related companies. These attempts were met with fierce resistance from plaintiffs’ attorneys as well as their clients and the public.

The Third Cases

In the 1970s, asbestos companies were no longer able conceal the devastating effects of asbestos-related illnesses like mesothelioma from people. This was due in large part to the fact that major national publications began to pay attention to the connection between mesothelioma, asbestos, and other respiratory illnesses, as opposed to small industry medical journals and newsletters. When the links between asbestos and serious illness were well established, victims began filing lawsuits against asbestos-related companies.

One of the main push factors that led to increased asbestos lawsuits in the 1970s was a court ruling which allowed plaintiffs to apply the legal theory of strict liability. Previously asbestos lawsuits, plaintiffs had to prove that asbestos manufacturers were negligent in causing their asbestos exposures. In the 1973 case Borel v. Fibreboard a judge ruled asbestos manufacturers accountable for any injuries resulting from their products if they knew their product was unsafe, but did not inform their employees or the general public about the dangers.

Following this ruling, many asbestos producers filed for bankruptcy, a process that allows businesses to reorganize itself in bankruptcy court, put money in trusts to cover asbestos claims, and continue to be in operation. Johns-Manville was a particularly notable case, since it was the subject of numerous lawsuits from former workers who suffered from asbestosis, lung cancer, and mesothelioma. Kazan Law set several cases against the manufacturer, and was able to obtain punitive damages verdicts against the company.

Since the time, asbestos litigation has continued to grow 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 aren't always apparent to those who are diagnosed.

In addition, some victims have been forced to wait for years to receive compensation from insurance companies after their employers were found liable. The US Supreme Court has addressed a number of cases where asbestos companies sought to limit their liability by offering settlements in class action. It also has considered whether individual defendants could be held accountable for asbestos related injury.

The Fourth Case

Asbestos, a substance that is extremely dangerous has killed and sickened hundreds of thousands over the years. Asbestos was also used extensively by companies who knew it was dangerous yet continued to use it.

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

These cases often involve secondary asbestos exposure. Workers who handle asbestos at work may transfer it to their family members or spouses. The family members are affected by mesothelioma as well as other asbestos-related illnesses.

Many lawsuits are filed today by the families of victims of this type of case. Asbestos lawyers can help families file a claim against companies responsible for the asbestos-related injuries suffered by their loved ones.

Another major advancement in asbestos litigation has been the increase in class action lawsuits. These asbestos lawsuits permit victims to pursue justice with the help of a lawyer well-versed in the legal issues these cases present.

Certain asbestos lawyers are against this type of litigation. There have been numerous attempts at passing legislation to limit the use class actions in asbestos lawsuits.

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

Asbestos litigation is a long-standing problem that will likely persist for many decades to come. The asbestos industry has attempted to avoid responsibility by bringing up technical legal arguments and by attempting to get legislative remedies passed which would stop victims from seeking justice. It appears that a lot of victims, as well as their lawyers are determined to see justice done.