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 or manufactured asbestos.

The first asbestos lawsuit was filed by Nellie Kershaw. She worked in a plant that spun asbestos fibers in England and developed health problems. She died at age 33 of fibrosis in the lung due to asbestos exposure.

The First Cases

Asbestos, a dangerous mineral, has infected and killed thousands of people over the years. Asbestos claims are filed for a variety of reasons, but most often involve those who have been exposed to asbestos while at work. This can include workers at factories that made asbestos-related items as well as those who worked in the construction of buildings with asbestos, or who were exposed to secondhand asbestos from contaminated household products such as talcum powder.

Exposure to asbestos can lead to many different illnesses that include lung cancer, mesothelioma and other respiratory ailments. Many people have been compensated 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 that create dangerous substances to warn people who might be hurt by them.

The first asbestos lawsuit that was filed in 1929 involved a woman by the name of Anna Pirskowski. She was suffering from breath shortness and a thickening of the tissue around the fingertip (known as clubbing). She was awarded a settlement of $75,000 in what is believed to be the first-ever class action lawsuit that dealt with asbestos.

In the years that followed there were a lot of asbestos lawsuits were filed. Asbestos litigation became a large area of law, and many lawyers began to specialize in asbestos litigation. This meant that they only were able to handle the most serious cases. Kazan Law was one firm that focused on this in the late 80s.

Other lawsuits have been won by those who suffered from asbestos-related illnesses such as asbestosis or plaques in the pleural cavity. The condition that caused them was similar to the mesothelioma, which makes it easier to prove for lawyers. These claims led to the disclosure of secret documents that revealed the ways asbestos product manufacturers attempted to conceal their risks. This led to the Asbestos Ban and Phase Out Rule being issued in 1989.

The Second Cases

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

In the early 1980s, the legal litigation over asbestos lawsuits grew more ferocious and courts began to rule on various aspects of the litigation process. A federal court, for instance, ruled that only those suffering from malignant asbestos-caused diseases like mesothelioma and lung cancer could sue the manufacturers of asbestos products. This ruling, also referred to as Borel V. Fibreboard Paper Products Corp. was a major setback for asbestos litigation.

Around the same time, Nellie Kershaw from Rochdale in England filed what is now regarded as the first known lawsuit against asbestos companies. Kershaw was an employee in a factory in Rochdale in England, was diagnosed with lung issues due to her exposure to raw asbestos fibers. Kershaw tried to convince her employer to cover the cost of treatment. The company was unable to pay. Kershaw died in her 30s of fibrosis.

The second phase of asbestos lawsuits focused on those who were exposed to various types of asbestos-containing building products such as fireproofing sprays and drywall products. Asbestos attorneys also brought successful cases against companies who produced equipment that contained asbestos-containing materials, like pumps and boilers.

During this period, a variety of documents that were incriminating were found that revealed asbestos companies have been involved in conspiracy and fraud. The documents included the personal files of Johns-Manville president Sumner Simpson, as well as correspondence from the general counsel for another asbestos producer, 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 of these dangers.

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

The Third Cases

In the 1970s, asbestos-related companies had lost the ability to hide information about the devastating effects of mesothelioma and the other asbestos-related diseases from the public. This was due to the fact that the connection between asbestos and ailments such as mesothelioma, asbestosis and other respiratory problems started receiving attention from major national publications instead of small medical journals or newsletters for industry. When the links between asbestos and serious illness were well established, victims began filing lawsuits against asbestos manufacturers.

One of the main factors that pushed an increase in asbestos lawsuits in the 1970s was a court decision that allowed plaintiffs to use the legal theory of strict liability. Plaintiffs in asbestos cases would be required to prove that asbestos producers were negligent in exposing them to. However in the 1973 case of Borel v. Fibreboard, a judge ruled that asbestos manufacturers were accountable for any injuries their products caused in the event that the company knew their product was unsafe and did not warn its employees or the public about the dangers.

After this ruling, many asbestos producers have filed for bankruptcy. This permits a business, even though it is still operating, to reorganize itself in bankruptcy court and to put money into trusts to pay asbestos claimants. Johns-Manville is one of the most notable examples. It was a victim of many lawsuits filed by former factory employees who were suffering from asbestosis, mesothelioma and lung cancer. Kazan Law set several cases against the manufacturer, and was able to get punitive damage verdicts against the company.

Since the time asbestos litigation has continued to grow due to the growing number of people suffering from asbestos-related illnesses. Asbestos litigation can be complicated because the illnesses caused by asbestos can take a long time to manifest and aren't always obvious 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 accountable. The US Supreme Court has dealt with a variety of cases involving settlements for class actions 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 individuals responsible for injuries caused by asbestos.

The Fourth Cases

Asbestos, a substance that is extremely hazardous, has sickened and killed hundreds of thousands over the years. Asbestos was also extensively used by manufacturers who knew it was a risk, but continued to make use of it.

As the legal system handles these asbestos lawsuits and asbestos lawsuits, new developments take place every day. One of the most important legal developments is the ruling Lubbe v. Cape Plc. This set the precedent for victims to sue multinational companies in their home countries to recover compensation.

Most of the time, these cases are accompanied by secondary exposure to asbestos. Workers who work with asbestos work may pass it on to their families or spouses. Family members are affected by mesothelioma as well as other asbestos-related diseases.

This type of case is the basis for a variety of lawsuits brought by the families of victims of asbestos today. Asbestos attorneys can help families bring a case against the responsible parties for the asbestos injuries of their loved ones.

Another significant development in asbestos litigation has been the increase in class action lawsuits. These asbestos lawsuits allow victims to seek justice with the assistance of a lawyer who is well-versed in the legal issues that these cases raise.

While many asbestos attorneys have pushed for this type of lawsuit, there are some who oppose it. There have been numerous attempts to pass legislation to limit the use class actions in asbestos lawsuits.

The latest major development in asbestos litigation is the filing a suit by Massachusetts residents against four companies over their handling of asbestos removal and disposal. The lawsuit claimed that the firms in violation of state law by not properly disposing of asbestos and failing residents from the harmful 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 avoid accountability by making legal arguments that are technical and by attempting to pass legislative remedies that would prevent the victims from seeking justice. However, it appears that many victims and lawyers are determined to see justice served.