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Asbestos Lawsuit History

Lawyers like Stanley Levy have helped many asbestos victims. People with asbestos-related diseases such as mesothelioma are able to sue companies that mined or manufactured asbestos.

Nellie Kershaw filed the first asbestos lawsuit. She was diagnosed with health issues while working in an asbestos fiber plant in England. She died at age 33 of fibrosis in the lung caused by asbestos exposure.

The First Cases

Asbestos, a dangerous mineral, has sickened and killed thousands of people throughout the years. Asbestos claims can be filed for various reasons, but they usually involve people who were exposed to asbestos at work. This includes workers who worked in factories that manufactured asbestos-related products or at the construction sites of buildings with asbestos. It could also include those who were exposed to asbestos through household products like talcum powder.

Exposure to asbestos can cause many different illnesses that include mesothelioma, lung cancer, and other respiratory ailments. Many have been compensated for their injuries even though some these diseases are fatal. This is largely because most countries have laws that require companies that create dangerous substances to warn those who may be hurt by them.

The first asbestos lawsuit was filed in 1929. It included a woman named Anna Pirskowski. She was suffering from a variety of symptoms, including shortness of breath and the thickening of the fingertip tissue, called clubbing. She was awarded an amount of $75,000 in settlement, which is believed to be the first class action lawsuit filed in connection with 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. One company that took on this was Kazan Law, which in the latter half of the 1980s began to focus on the bringing of cases on behalf of people who had mesothelioma.

Other lawsuits were won by people who had suffered from other asbestos-related diseases such as asbestosis or pleural plaques. The condition that caused them was very similar to the mesothelioma, and therefore simpler to prove for lawyers. These claims also led to the disclosure of secret documents that showed the way asbestos producers tried to conceal the risks. This led to the Asbestos Ban and Phase Out Rule being enacted in 1989.

The Second Case

As the number of people diagnosed with asbestos-related diseases grew, patients and their families began filing lawsuits against companies that mined, produced or sold asbestos-containing products. Additionally, mesothelioma patients filed claims against the companies who designed and constructed the buildings they worked in including shipyards, power plants, factories and refineries. The link between asbestos exposure and mesothelioma development is solid.

In the early 1980s, legal fights over asbestos lawsuits got more ferocious, and courts began to rule on many aspects of the litigation process. A federal court, for instance decided that only those suffering from malignant asbestos-related diseases such as mesothelioma and lung cancer were eligible to bring a lawsuit against the makers of asbestos products. This ruling, also referred to as Borel V. Fibreboard Paper Products Corp. was a major setback in asbestos litigation.

Around the same time, Nellie Kershaw from Rochdale in England filed what is now regarded as the first well-known lawsuit against asbestos-related companies. Kershaw was diagnosed with lung issues due to her frequent contact with asbestos fibers, tried to get the firm she worked for to pay for her medical treatments. The company was unable to pay. Kershaw passed away in her 30s from fibrosis.

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

During this time, a variety of documents incriminating asbestos companies were uncovered. These documents proved their involvement in conspiracy and fraud. The documents included the personal files of Johns-Manville President Sumner Simpson and correspondence from the general attorney for another asbestos producer, Raybestos Manhattan. These documents revealed a conspiracy between these companies to hide the dangers of asbestos and deflect efforts to educate the public.

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

The Third Cases

By the 1970s, asbestos firms had lost the ability to keep information about the devastating effects of mesothelioma and the other asbestos attorney-related illnesses 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 illnesses, as opposed to small industry medical journals and newsletters. Once the connection between asbestos and serious illness was well-established, victims began filing lawsuits against Asbestos Lawyer producers.

In the 1970s, a court ruling which allowed plaintiffs to make recourse to strict liability as a legal theory was one of the main reasons for an increase in asbestos lawsuits. Previously asbestos lawsuits, plaintiffs had to show that asbestos manufacturers were negligent in creating their asbestos exposures. However in the 1973 case of Borel v. Fibreboard, a judge decided that asbestos manufacturers were accountable for any injuries they caused if the company knew that their product was dangerous and failed to warn its employees or the general public about the dangers.

Following this ruling, a lot of asbestos producers were forced to file for bankruptcy. This process allows a business, while still operating, to reorganize itself in bankruptcy court and put money into trusts to pay asbestos claimants. Johns-Manville is a notable case, since it was hit with numerous lawsuits brought by former factory workers suffering from asbestosis, lung cancer and mesothelioma. Kazan Law set several cases against the manufacturer and was able win punitive damage verdicts against the company.

Asbestos litigation has increased in the past few years due to the growing number of asbestos-related illnesses. Asbestos cases can be complicated, as the illnesses they cause can take decades to manifest themselves and aren't always apparent to those who are diagnosed.

Additionally there have been cases where victims were forced to wait for years to receive compensation from insurance companies after their employers were found accountable. The US Supreme Court has dealt with several cases involving class action settlements that asbestos companies offered to try to limit their liability and it has also pondered the question of whether or not it is possible to hold individual defendants liable for asbestos-related injury.

The Fourth Cases

Asbestos is an incredibly dangerous mineral, which has killed or sickened hundreds of thousands of people over the many years. Asbestos was also extensively used by companies who knew it was a risk, but continued to use it.

As the legal system handles asbestos lawsuits and asbestos lawsuits, there are always new developments. One of the most important legal developments is the ruling Lubbe v. Cape Plc. This set an example for asbestos victims to sue multinational companies in their home countries for compensation.

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

Many lawsuits are filed by the families of victims based on this kind of case. Asbestos lawyers can aid families file a lawsuit against the company that is responsible for their loved ones' asbestos injuries.

Another major advancement in asbestos litigation has been the rise of class action lawsuits. These asbestos lawsuits permit victims to seek justice with the aid of a lawyer familiar with the complex legal issues that these cases present.

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

The most recent major 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 claimed that the companies had violated the law of the state by not properly disposing of asbestos and failing to protect residents from toxic dust.

Asbestos litigation has been going on for a long time and it will continue to do so throughout the years to come. The asbestos industry has attempted to shield itself from responsibility by using legal arguments based on technicalities and by attempting to pass legislative remedies that would prevent the victims from seeking justice. However, it appears that a lot of victims and their attorneys are determined to see justice done.