Asbestos Lawsuit History

Many asbestos victims have received help from lawyers like Stanley Levy. People with mesothelioma and other asbestos-related diseases can sue companies that mined, manufactured, or used asbestos and asbestos-containing products.

The first asbestos lawsuit was filed by Nellie Kershaw. She developed health issues while working in an asbestos fiber factory in England. She passed away at the age of 33 from fibrosis of the lung due to asbestos exposure.

The First Cases

Asbestos is a hazardous mineral that has afflicted or killed thousands of people over the course of time. Asbestos claims can be filed for many reasons, but they generally involve people who were exposed to the substance at work. This includes employees who worked in factories that made asbestos-related products or on the construction site of buildings containing asbestos. It could also include people who were exposed to asbestos through household products like talcum powder.

Exposure to asbestos can lead to many different diseases that include mesothelioma, lung cancer and other respiratory problems. Although some of these diseases are extremely serious and could be fatal, many have been able receive compensation for their injuries. This is largely because most countries have laws that require companies who create dangerous substances to warn those who may be injured by them.

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

Asbest lawsuits continued to be filed throughout the years that followed. Asbestos litigation grew into a large area of law, and many attorneys began to specialize in asbestos litigation. They only took on cases that were extremely serious. Kazan Law was one firm that was focusing on this in the latter part of the 80s.

Other lawsuits were won by those who been diagnosed with other asbestos-related diseases such as asbestosis or plaques in the pleural cavity. This is due to the fact that the disease that caused these was similar to mesothelioma and therefore easier for lawyers to prove. These allegations led to the public disclosure of secret documents that showed how asbestos manufacturers tried to hide their risks. This led to the Asbestos Ban and Phase Out Rule being announced in 1989.

The Second Cases

As the number of people suffering from asbestos-related illnesses grew, the victims and their families began bringing lawsuits against companies that mined, produced or sold asbestos-containing products. Mesothelioma victims also filed lawsuits against the companies that designed and constructed the buildings where they worked such as power plants, shipyards and refineries. The connection between mesothelioma and asbestos exposure is very strong.

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 decided that only people suffering from a malignant asbestos-caused illness such as mesothelioma, or lung cancer are able to bring a lawsuit against the manufacturers of the asbestos products they employed. This ruling, also referred to 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-related companies. Kershaw, who had been diagnosed with lung problems caused by her close contact with asbestos fibers, tried to get the company she worked for to pay for her medical treatments. The company was unable to pay. Kershaw passed away in her 30s of fibrosis.

The second phase of asbestos attorneys lawsuits centered 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 made use of asbestos-containing materials, like pumps and boilers.

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

The discovery of these and other forms of corporate fraud and conspiracy in the mid- to late 1980s sparked a wave of class action settlements as well as other attempts to limit asbestos liability for asbestos attorney companies. These attempts were met with strong opposition from plaintiffs' attorneys, their clients and the general public.

The Third Case

By the 1970s, asbestos-related companies had lost the ability to keep information about the devastating effects of mesothelioma as well as other asbestos-related illnesses 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 newsletters and medical journals. Once asbestos-related serious illness were well established and patients began filing lawsuits against asbestos-related companies.

In the 1970s, a court decision that allowed plaintiffs the recourse to strict liability as a legal principle was one of the primary reasons for an increase in asbestos lawsuits. Plaintiffs in asbestos cases used to be required to prove that asbestos producers were negligent for exposing them. In the 1973 case Borel v. Fibreboard a judge ruled asbestos manufacturers accountable for any injuries caused by their products if they knew that their product was unsafe but did not inform their employees or the general public about the dangers.

Following this ruling, many asbestos manufacturers have filed for bankruptcy, a process that allows a business 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 example, as 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 win the company punitive damages in a number of cases.

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

Additionally certain victims have been forced to wait for years to receive compensation from insurance companies after their employers were found responsible. The US Supreme Court has dealt with numerous cases involving settlements for class actions that asbestos companies offered to try to limit their liability and it has also considered the issue of whether it is possible to hold defendants accountable for asbestos-related injury.

The Fourth Case

Asbestos, a substance that is extremely dangerous, has sickened and killed hundreds of thousands of people over the many years. Asbestos was also used extensively by companies who knew it was dangerous, but continued to employ it.

As the legal system handles these asbestos lawsuits with a constant stream of new developments. One of the most significant legal developments is the decision Lubbe v. Cape Plc. This set the precedent for victims to sue multinational companies in their home countries to recover compensation.

These cases typically involve secondary exposure to asbestos. Workers who handle asbestos at work may transfer it to their family members or spouses. The family members suffer from mesothelioma and other asbestos-related illnesses.

There are many lawsuits filed today by the families of victims based on this kind of case. Asbestos lawyers can assist families file a claim against companies responsible for the asbestos-related injuries suffered by their loved ones.

The rise of class-action lawsuits is another major development in asbestos litigation. These asbestos lawsuits offer victims the opportunity to pursue justice with the assistance of an attorney who is well-versed in the complicated legal issues that these cases raise.

While many asbestos Attorneys - Postheaven.net - have pushed for this type of litigation, there are also those who are against it. There have been several attempts at passing legislation to restrict the use of class actions in asbestos lawsuits.

The most recent major change in asbestos litigation is the filing of an action by Massachusetts residents against 4 companies for how they handled asbestos removal and disposal. The lawsuit alleged the companies did not follow state laws in not properly disposing asbestos and exposing residents to toxic dust.

Asbestos litigation is a long-standing problem that will likely persist for a long time. The asbestos industry has tried to avoid liability through technical legal arguments, and by trying to pass legislative solutions which would hinder victims from seeking justice. It appears that a lot of victims, and their lawyers are determined to see justice acted upon.