20 Fun Infographics About Asbestos Lawsuit History

Asbestos Lawsuit History

Lawyers like Stanley Levy have helped many asbestos victims. People with asbestos-related diseases like mesothelioma can sue companies that mined or manufactured asbestos lawyer.

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 passed away at the age of 33 of fibrosis in the lung caused by asbestos exposure.

The First Cases

Asbestos, a dangerous mineral, has sickened and killed thousands over the years. Asbestos claims are filed for a variety of reasons, but most often involve people who have been exposed to Asbestos Lawyer in their work. This includes workers at factories that produced asbestos-related products, people who worked on the construction of buildings containing asbestos and even those who were exposed to asbestos secondhand from contaminated household products such as talcum powder.

Those who were exposed to asbestos could develop a number of different illnesses, including mesothelioma and lung cancer, and other respiratory conditions. Many people have received compensation for their injuries even though some these diseases are fatal. This is due to the fact that most countries have laws that require companies that create dangerous substances to inform those who could 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 variety of ailments, including shortness of breath and thickening of the fingertip tissue which is called clubbing. She received a settlement amounting to $75,000 in what is believed to be a first class action lawsuit that involved asbestos.

Asbest lawsuits continued to be filed in the years that followed. Asbestos litigation became a large area of law, and many lawyers started to specialize in asbestos litigation. This meant that they only took on the most serious cases. Kazan Law was one firm that specialized in this area in the latter part of the 80s.

Other lawsuits were won by people who had been diagnosed with other asbestos-related diseases like asbestosis or pleural plaques. The condition that caused them was very like mesothelioma making it easier to prove for lawyers. These claims led to the disclosure of secret documents that revealed how asbestos manufacturers tried to conceal their risks. This led to the Asbestos Ban and Phase Out Rule being announced in 1989.

The Second Cases

As the number of people diagnosed with asbestos-related diseases grew, patients and their families began to file lawsuits against companies that mined, produced or sold asbestos-containing products. Additionally, mesothelioma patients filed lawsuits against the companies that designed and built the buildings they worked in, such as shipyards, power plants, refineries and factories. The correlation between asbestos exposure and mesothelioma's development is strong.

In the early 1980s, the legal battle over asbestos lawsuits began to escalate and the courts made decisions on various aspects of the litigation process. For example a federal court ruled that only individuals suffering from malignant asbestos-related illness such as mesothelioma, or lung cancer are eligible to bring an action against the makers of the asbestos products they employed. 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, a factory worker from Rochdale, England, filed what is thought to be the first legal claim that is well-known against asbestos-related companies. Kershaw was diagnosed with lung issues caused by her close contact with raw asbestos fibers, attempted to get the firm she worked for to pay for her treatments. However, the company refused. Kershaw passed away at 33 years old of lung fibrosis.

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

During this time, numerous incriminating documents were uncovered that demonstrated asbestos companies' involvement in fraud and conspiracy. 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 revealed the plot of these companies to hide the fact that asbestos was hazardous and to deflect efforts to inform the public of the dangers.

The discovery of these and other forms of corporate fraud and conspiracy in the early and mid-1980s led to a flurry of class action settlements and other efforts to limit asbestos liability for asbestos-related companies. These efforts were met with fierce resistance from plaintiffs’ attorneys, their clients and the general public.

The Third Cases

By the 1970s, asbestos companies had lost the ability to conceal information about the deadly effects of mesothelioma and the other asbestos-related illnesses from the public. This was due in large part to the fact major national publications began to pay attention to the connection between asbestos, mesothelioma and other respiratory diseases, rather than small industry newsletters and medical journals. After the links between asbestos and serious illnesses were well-established and the victims began filing lawsuits against asbestos-related companies.

In the 1970s, a decision by the courts that allowed plaintiffs to recourse to strict liability as a legal theory was among the major factors that led to an increase in asbestos lawsuits. Plaintiffs in asbestos cases would be required to prove that asbestos producers were negligent for exposing them. In the 1973 case of Borel v. Fibreboard a judge ruled asbestos manufacturers accountable for any injuries resulting from their products if they knew their product was unsafe, but did not warn their employees or the general public about the dangers.

In the wake of this ruling, a number of asbestos producers have filed for bankruptcy, a process which allows a company to reorganize in bankruptcy court, put money aside in trusts to cover asbestos claims, and continue to be in operation. Johns-Manville is one of the most notable examples. It was a victim of many lawsuits filed by former factory workers who suffered from asbestosis, mesothelioma and lung cancer. Kazan Law brought several cases against the manufacturer and was able obtain punitive damages verdicts against it.

Asbestos lawsuits have increased in the past few years due to the rising number of asbestos-related illnesses. Asbestos cases can be complicated because the diseases they cause can take years to manifest themselves and are not always immediately evident to those who have been diagnosed.

Some victims have also been forced to wait for years for reimbursement from insurance companies even after their employers were found responsible. The US Supreme Court has addressed a number of cases where asbestos companies sought to limit their liability by offering settlements in class action. The court has also discussed whether individual defendants can be held liable for injuries caused by asbestos lawyer.

The Fourth Case

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

As the legal system handles asbestos attorneys lawsuits with a constant stream of new developments. One of the most important legal developments is a ruling known as Lubbe v Cape Plc, which set the precedent for victims to sue multinational companies in their home jurisdictions to recover compensation.

These cases often involve secondary exposure to asbestos. This is when those who work with asbestos on the job transfer it to their spouses or children at home. The family members are affected by mesothelioma as well as other asbestos-related illnesses.

There are many lawsuits filed today by the families of victims of this type of case. Asbestos lawyers can aid families file a claim against the company that is responsible for their loved ones' asbestos injuries.

Another major advancement in asbestos litigation is the rise of class action lawsuits. These asbestos lawsuits offer victims the chance to pursue justice with the assistance of an attorney who is well-versed in the legal issues these cases bring up.

While a lot of asbestos lawyers have pushed for this kind of lawsuit, there are certain people who do not support it. There have been numerous attempts to pass legislation to limit the use of class actions in asbestos lawsuits.

The most recent significant advancement in asbestos litigation was the filing of a suit 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 the harmful dust.

Asbestos litigation has been a long-running issue that is likely to continue for many decades to come. The asbestos industry has attempted to shield itself from responsibility by bringing up technical legal arguments and by trying to get legislative remedies passed which would stop victims from seeking justice. It seems that many victims, and their lawyers, are determined to see justice served.