Why We Enjoy Asbestos Lawsuit History (And You Should Also!)

Asbestos Lawsuit History

Many asbestos victims have been helped by lawyers like Stanley Levy. People with mesothelioma and other asbestos-related diseases can sue companies who produced, mined, or used asbestos and asbestos-containing products.

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

The First Cases

Asbestos is a hazardous mineral that has ill-treated or killed thousands of people over the course of time. Asbestos claims are filed for many reasons, but the majority involve those who have been exposed to asbestos in their work. This can include workers at factories that made asbestos-related products, people who worked on the construction of structures that contain asbestos, and even those who were exposed to secondhand asbestos from household products that were contaminated, like talcum powder.

Exposure to asbestos can cause a variety of diseases, including lung cancer, mesothelioma and other respiratory issues. Many people have received compensation for their injuries even though some these diseases are fatal. Many countries have laws that require manufacturers of dangerous substances to warn anyone who could be injured.

The first asbestos lawsuit was filed in 1929, and involved a woman named Anna Pirskowski. She was suffering from shortness of breath and thickening of the tissue around the fingertip (known as clubbing). She was awarded an amount of $75,000 as a settlement, which is believed to be the first class action lawsuit filed in the field of asbestos.

In the years following there were a lot of asbestos lawsuits were filed. Some of the cases became extremely large, and a number of attorneys began to specialize in asbestos litigation. This meant that they only dealt with the most serious cases. Kazan Law was one firm that specialized in this area in the late 80s.

Other lawsuits were won by those who had been diagnosed with other asbestos-related diseases like asbestosis or plaques in the pleural cavity. The condition that caused them was very similar to mesothelioma and therefore easier to prove for lawyers. These claims led to the release of secret documents that showed how asbestos product manufacturers tried to hide the risks they carry. In 1989, the Asbestos Ban & Phase Out Rule was issued.

The Second Case

As the number of people diagnosed with asbestos-related illnesses grew, the victims and their families began filing lawsuits against companies that mined, produced or sold asbestos-containing products. Mesothelioma sufferers also filed lawsuits against companies who designed and constructed the buildings where they worked, including shipyards, power plants and refineries. The connection between asbestos exposure and mesothelioma growth is solid.

In the early 1980s the legal litigation over asbestos lawsuits started to get more intense and the courts made decisions on various aspects of the litigation process. For example, a federal court ruled that only those suffering from malignant asbestos-related disease such as mesothelioma or lung cancer are eligible to file a lawsuit against the manufacturers of the asbestos products they employed. This ruling, known as Borel v. Fibreboard Paper Products Corp. is a major setback to asbestos plaintiffs.

At around the same time, Nellie Kershaw, a factory worker from Rochdale, England, filed what is considered the first well-known legal claim against asbestos companies. Kershaw was diagnosed with lung ailments caused by her close contact with raw asbestos fibers, tried to get the company she worked for to pay for her medical treatments. The company refused. Kershaw passed away at the age of 33 from lung fibrosis.

The second phase of asbestos lawsuits focused on people who had been exposed to different types asbestos-containing building products, such as fireproofing sprays and drywall products. Asbestos attorneys also brought successful cases against companies that manufactured equipment that used asbestos-containing material, such as boilers and pumps.

During this time, a number of documents that were incriminating were found that proved asbestos companies' involvement in conspiracy and fraud. These 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 the plot of these companies to hide the fact that asbestos was dangerous and to deflect efforts to inform the public about these dangers.

In the early and mid-1980s When these and other forms of corporate fraud and conspiracy were discovered In the early to mid-1980s, a wave of class actions settlements was launched and other attempts were made to limit asbestos liability by asbestos companies. These attempts were met with strong opposition from plaintiffs' attorneys as well as their clients and the public.

The Third Case

By the 1970s, asbestos firms had lost the ability to hide information on the fatal effects of mesothelioma and the other asbestos-related illnesses from the public. This was due in large part to the fact that the link between asbestos and diseases like asbestosis, mesothelioma and other respiratory ailments began receiving attention from major national publications instead of just small medical journals or newsletters for industry. Once the connection between asbestos and serious illnesses was established, patients began making lawsuits against asbestos producers.

In the 1970s, a court ruling that allowed plaintiffs to recourse to strict liability as a legal theory was one of the main reasons for an increase in asbestos lawsuits. Previously, plaintiffs in asbestos cases required proof that asbestos manufacturers were negligent in creating their exposure to asbestos. In the 1973 case of Borel v. Fibreboard a judge ruled asbestos manufacturers accountable for any injuries that resulted from their products if they knew that their product was unsafe but did not warn their employees or the general public about its dangers.

Following this ruling, many asbestos manufacturers have filed for bankruptcy, a process which allows a company to be reorganized in bankruptcy court, put money aside in trusts to pay for asbestos claims and still continue to operate. Johns-Manville was a particularly notable case, since it was the subject of numerous lawsuits filed by former workers who suffered from asbestosis, lung cancer and mesothelioma. Kazan Law brought several cases against the manufacturer and was able win the company punitive damages in a number of cases.

Asbestos litigation has increased since then due to the growing number of asbestos-related diseases. asbestos attorney cases can be complicated, as the illnesses they cause can take years to manifest themselves and aren't always evident to those who have been diagnosed.

In addition, some victims have been forced to wait for years to receive compensation from insurance companies after their employers were found accountable. The US Supreme Court has dealt with a variety of cases involving class action settlements that asbestos companies offered to try to limit their liability and it has also considered 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 hazardous mineral that has sickened or killed hundreds of thousands of people over the years. Asbestos was also extensively used by companies who knew it was dangerous, but continued to employ it.

The legal system is able to handle asbestos lawsuits and asbestos lawsuits, there are always new developments. One of the most important legal developments is the decision Lubbe v Cape Plc. This set a precedent allowing victims to sue multi-national companies in their home countries for compensation.

These cases often result in secondary exposure to asbestos. This is when those who work with asbestos while on the job transfer it to their spouses or children at home. The family members then suffer from mesothelioma or other asbestos-related diseases.

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

Another significant 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 experienced in the complicated legal issues that these cases raise.

While many asbestos attorneys have advocated for this type of lawsuit, there are certain people who do not support it. In fact there have been a number of attempts to pass legislation restricting the use of asbestos class actions.

The most recent significant development in asbestos litigation was the filing of a lawsuit filed by Massachusetts residents against four companies over the way 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 safeguard residents from the harmful dust.

Asbestos litigation has been going on for decades and it will continue to do so well into the future. The asbestos industry has attempted to shield itself from responsibility by bringing up technical legal arguments and attempting to pass legislative solutions that would prevent the victims from seeking justice. However, it appears that many victims and their attorneys are determined to get justice.