Asbestos Lawsuit History

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

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

The First Cases

Asbestos, a hazardous 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 while at work. This includes those who worked in factories that produced asbestos-related products or at the construction site of buildings containing asbestos. It can also include people who were exposed to asbestos through household products like talcum powder.

Exposure to asbestos can trigger various illnesses that include mesothelioma, lung cancer and other respiratory problems. 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, involved a woman by the name of Anna Pirskowski. She was suffering from shortness of breath and a thickening of the fingertip tissue (known as clubbing). She received a settlement amounting to $75,000 in what is believed to be the first class action lawsuit that involved asbestos.

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

Other lawsuits have been won by those who suffered from asbestos-related ailments such as asbestosis or plaques in the pleural region. This is due to the fact that the disease that caused them was similar to mesothelioma, making it simpler for lawyers to prove. These claims also led to the disclosure of secret documents that revealed the way asbestos producers tried to hide the dangers. This led to the Asbestos Ban and Phase Out Rule being announced in 1989.

The Second Cases

As the number diagnosed with asbestos-related illnesses grew the number of victims and their families began to file lawsuits. These lawsuits were filed against companies who mined asbestos, made asbestos-containing products or sold asbestos-containing products. Mesothelioma sufferers also filed lawsuits against companies who created and built the buildings in which they worked, including power plants, shipyards and refineries. The connection between asbestos exposure and mesothelioma development is strong.

In the early 1980s the legal battle over asbestos lawsuits began to intensify and courts ruled on many aspects of the case 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 sue the manufacturers of asbestos products. The ruling, dubbed Borel v. Fibreboard Paper Products Corp., was a major setback for asbestos plaintiffs.

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 companies. Kershaw, who had been diagnosed with lung problems due to her frequent contact with asbestos fibers, attempted to get the company she worked for to pay for her medical treatments. The company, however, refused. Kershaw died in her 30s of fibrosis.

The second wave of asbestos lawsuits focused on workers exposed to different types of asbestos-containing building products such as 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 period, a variety of incriminating documents were discovered that proved asbestos companies' involvement in a scheme of fraud and. This included the personal records of Johns-Manville president Sumner Simpson, as well as correspondence from the general counsel for another asbestos manufacturer, Raybestos Manhattan. These documents revealed a plot between these two companies to hide asbestos' dangers and deflect efforts to educate the public.

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

The Third Cases

In the 1970s, asbestos companies had lost the ability to hide information about the deadly effects of mesothelioma and the other asbestos-related diseases from the general 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 medical journals and newsletters. When asbestos-related serious illnesses were established and patients began filing lawsuits against asbestos manufacturers.

In the 1970s, a court ruling that allowed plaintiffs the recourse to strict liability as a legal theory 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 asbestos exposures. In the 1973 case of Borel v. Fibreboard a judge ruled asbestos manufacturers liable for any injuries resulting from their products if they knew their product was unsafe, but did not warn their employees or the general public about the dangers.

Following this ruling, a lot of asbestos producers were forced to file for bankruptcy. This procedure permits a business, even though it is still in operation, to organize itself in bankruptcy court and place funds into trusts to pay asbestos claimants. Johns-Manville is a notable case, since it was slammed with a variety of lawsuits brought by former workers who suffered from asbestosis, lung cancer, and mesothelioma. Kazan Law brought several cases against the manufacturer and was able to win punitive damages verdicts against it.

Since the time asbestos litigation has continued to grow due to the increasing number of victims suffering from asbestos-related diseases. Asbestos lawsuits are often complicated because the diseases that they cause can take a long time to manifest and are not always immediately evident to those who have been diagnosed.

Additionally, some victims have been forced to wait for years to receive compensation from insurance companies after their employers were found to be responsible. The US Supreme Court has dealt with a variety of cases involving class action settlements that asbestos companies offered as a way to limit their liability, and it has also considered the issue of whether it is possible to hold individual defendants liable for injuries caused by asbestos.

The Fourth Case

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

As the legal system handles these asbestos lawsuits and asbestos lawsuits, there are always new developments. One of the most important legal developments is a case known as Lubbe v. Cape Plc, which set an example that allows asbestos victims to sue multinational corporations in their home jurisdictions for compensation.

In most cases, these situations involve exposure to asbestos in the second degree. Workers who work with asbestos work may pass it on to their family members or spouses. The family members suffer from mesothelioma or other asbestos-related illnesses.

This type of situation is the basis for many lawsuits filed by relatives of victims today. asbestos lawyers (my website) can help families file a claim against the company that is responsible for their loved ones' asbestos injuries.

Another big change in asbestos litigation has been the rise of class action lawsuits. These asbestos lawsuits allow victims to seek justice with the aid of a lawyer well-versed in the legal issues that these cases present.

While a lot of asbestos lawyers have advocated for this type of litigation, there are those who are against it. In actual fact there have been numerous attempts to pass legislation restricting the use of class actions in asbestos cases.

The most recent major advancement in asbestos litigation is the filing a suit by Massachusetts residents against four companies for how they handled asbestos removal and disposal. The lawsuit claimed that the companies had violated state law by not properly disposing of asbestos and failing to protect residents from toxic dust.

Asbestos litigation is a long-running issue that is likely to continue for many decades to come. The asbestos industry has tried to avoid responsibility by making legal arguments that are technical and by attempting to pass legislative remedies which would stop victims from seeking justice. However, it seems that many victims and their attorneys are determined to see justice served.