Asbestos Lawsuit History

Many asbestos victims have received assistance from lawyers such as Stanley Levy. Patients suffering from mesothelioma and asbestos-related diseases can sue companies who produced, mined, or used asbestos and asbestos-containing products.

Nellie Kershaw was the first to file an asbestos lawsuit. She suffered health issues while working in an asbestos fiber factory in England. She passed away at 33 due to fibrosis in her lungs. It was caused by asbestos exposure.

The First Cases

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

People who were exposed to asbestos can develop a variety of diseases including mesothelioma, lung cancer, and other respiratory conditions. Many have been awarded compensation for their injuries even though some of these diseases are fatal. This is due to the fact that most countries have laws that require companies who create dangerous substances to inform people who might be injured by them.

The first asbestos lawsuit that was filed in 1929 involved a woman by the name of Anna Pirskowski. She was suffering from a number of ailments, including shortness of breath and thickening of the tissue around the fingers, known as clubbing. She was awarded a settlement of $75,000 that is believed to be the first class action lawsuit filed in connection with asbestos.

Asbest lawsuits continued to be filed in the years following. Asbestos litigation became a large area of law, and many attorneys began to specialize in asbestos litigation. They only would take on cases that were important. One firm that was involved in this was Kazan Law, which in the late 1980s began to concentrate on taking on cases for people who had mesothelioma.

Other lawsuits have been won by those who suffered from asbestos-related ailments like asbestosis and pleural plaques. This is because the condition that caused these was similar to mesothelioma, making it more straightforward for lawyers to prove. These claims led to the disclosure of secret documents that showed how asbestos manufacturers tried to conceal their risks. This led to the Asbestos Ban and Phase Out Rule being issued in 1989.

The Second Case

As the number of people diagnosed with asbestos-related disease increased the number of victims and their families began filing lawsuits. These lawsuits were brought against companies who mined asbestos, made asbestos-containing products, or sold asbestos-containing goods. In addition, mesothelioma sufferers filed claims against the companies who designed and constructed the buildings where they worked like shipyards, power plants, refineries and factories. The connection between asbestos exposure and the development of mesothelioma is strong.

In the early 1980s, the legal litigation over asbestos lawsuits grew more ferocious, and courts began to rule on many aspects of the case process. For example, a federal court ruled that only individuals suffering from malignant asbestos-related illness such as mesothelioma, or lung cancer are able to bring lawsuits against the producers of asbestos-related products they employed. This ruling, also known as Borel V. Fibreboard Paper Products Corp. was a major setback for asbestos litigation.

At the same time, Nellie Kershaw, a factory worker from Rochdale, England, filed what is believed to be the first well-known legal claim against asbestos companies. Kershaw was a factory worker from Rochdale in England, was diagnosed with lung problems caused by her frequent exposure to asbestos fibers in raw form. She attempted to convince her employer to pay for the treatment. However, the company refused. Kershaw passed away at 33 years old of lung fibrosis.

The second wave of asbestos-related cases focused on workers who worked in construction sites and were exposed to various types of asbestos-containing building products including fireproofing sprays drywall products and textures. Asbestos lawyers also filed successful cases against companies that produced equipment that contained asbestos-containing materials, such as pumps and boilers.

During this time, many documents that implicated asbestos companies were uncovered. These documents showed their involvement in conspiracy and fraud. These 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 uncovered the conspiracy of these companies to hide knowledge that asbestos was dangerous and to thwart efforts to inform the public of these dangers.

In the mid-1980s to early-1990s, when these and other forms corporate fraud and conspiracy were exposed in the 1980s, a wave of class action settlement was initiated, as well as other efforts were made to limit asbestos liability by asbestos companies. These attempts were met with fierce resistance from plaintiffs' attorneys and their clients, as well as from the public in general.

The Third Case

In the 1970s, asbestos companies were no longer able hide the deadly effects of asbestos-related diseases such as mesothelioma from the public. This was due in large part to the fact major national journals began paying attention to the link between mesothelioma, asbestos, and other respiratory diseases, instead of small industry medical journals and newsletters. After the links between asbestos and serious illnesses were established and patients began filing lawsuits against asbestos-related companies.

One of the major push factors that led to increased asbestos lawsuits in the 1970s was a court ruling that allowed plaintiffs to use the legal concept of strict liability. Plaintiffs in asbestos cases would have to prove that asbestos manufacturers were negligent in exposing them. In the 1973 case of Borel v. Fibreboard a judge ruled asbestos manufacturers accountable for any injuries caused by their products if they knew their product was dangerous but did not warn their employees or the general public about its dangers.

In the wake of this ruling, a number of asbestos-related companies have filed for bankruptcy, a procedure that allows a business to be reorganized in bankruptcy court, set funds aside in trusts to pay for asbestos claims, and then continue to be in operation. Johns-Manville is an example. It was the victim of numerous lawsuits filed by former workers who suffered from asbestosis, mesothelioma, or lung cancer. Kazan Law brought several cases against the manufacturer and was able to obtain the company punitive damages in a number of cases.

Asbestos lawsuits have increased in the past few years due to the rising number of asbestos-related illnesses. Asbestos lawsuits are often complicated because the diseases they cause can take decades to manifest and are not always immediately obvious to those diagnosed.

Additionally certain 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 addressed various cases where asbestos companies tried to limit their liability by offering settlements for class actions. The court has also discussed whether individuals can be held accountable for injuries resulting from asbestos.

The Fourth Cases

Asbestos, a substance that is extremely dangerous, has sickened and killed hundreds of thousands of people over the years. Asbestos was also widely used by companies who were aware of its dangers however they continued to employ it.

The legal system is able to handle asbestos lawsuits, there are always new developments. One of the most significant legal developments is a ruling known as Lubbe v Cape Plc, which set a precedent that allows victims to sue multinational corporations in their home jurisdictions for compensation.

Often, these cases are accompanied by secondary exposure to asbestos. This happens when workers who handle asbestos on the job pass it to their spouses or children living at home. Family members suffer from mesothelioma and other asbestos-related diseases.

Many lawsuits are filed 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 increase in class action lawsuits. These asbestos lawsuits offer victims the chance to pursue justice with the assistance of an attorney well-versed in the complicated legal issues these cases present.

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

The most recent major advancement in asbestos litigation was the filing of a lawsuit filed by Massachusetts residents against four companies over the way they handled asbestos abatement and disposal. The lawsuit claimed that the companies violated state law by not disposing of asbestos properly and failing to safeguard residents from toxic dust.

Asbestos litigation has been going on for decades and it's likely that it will continue to do so for a long time to come. The asbestos industry has attempted to avoid responsibility by making legal arguments that are technical and by trying to pass legislative solutions that would block victims from seeking justice. But, it appears that a lot of victims and their lawyers are determined to see justice done.