15 Surprising Facts About Asbestos Lawsuit History

Asbestos Lawsuit History

Lawyers like Stanley Levy have helped many asbestos victims. Patients suffering from mesothelioma or other asbestos-related illnesses can sue companies that mined, manufactured or used asbestos or asbestos-containing products.

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

The First Cases

Asbestos, a dangerous mineral, has afflicted 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 at work. This includes employees who worked in factories that made asbestos-related products or on the construction site of buildings that contain asbestos. It could also include those who were exposed to asbestos lawyer by using household products, such as talcum powder.

Those who were exposed to asbestos can develop a number of different illnesses, including mesothelioma and lung cancer and other respiratory diseases. Many people have been awarded compensation for their injuries, even though some of these diseases are fatal. Many countries have laws that require companies that create dangerous substances inform anyone who might be injured.

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

Asbest lawsuits continued to be filed throughout the years that followed. Some of the cases grew very large, and many attorneys began to specialize in asbestos litigation. They only would take on cases that were very serious. Kazan Law was one firm that focused on this in the late 80s.

Other lawsuits have been won by individuals who suffered from asbestos-related illnesses such as asbestosis or plaques in the pleural cavity. 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 the ways asbestos product manufacturers attempted to hide their risks. This led to the Asbestos Ban and Phase Out Rule being announced in 1989.

The Second Case

As the number diagnosed with asbestos-related diseases grew the families and victims began filing lawsuits. These lawsuits were filed against businesses who mined asbestos, made asbestos lawyer-containing products or sold asbestos-containing products. Mesothelioma patients also filed claims against companies who designed and constructed the buildings in which they worked such as shipyards, power plants, and refineries. The connection between asbestos exposure and mesothelioma development is strong.

In the early 1980s the legal battle over asbestos lawsuits began to intensify and courts ruled on many aspects of the litigation process. For example, a federal court ruled that only those suffering from malignant asbestos-related disease like mesothelioma or lung cancer are eligible to bring a lawsuit against the manufacturers of asbestos-related products they used. This ruling, referred to as Borel V. Fibreboard Paper Products Corp. was a major setback in asbestos litigation.

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-related companies. Kershaw, who had been diagnosed with lung issues due to her frequent contact with raw asbestos fibers, tried to get the firm she worked for to pay for her treatments. The company was unable to pay. Kershaw passed away at the age of 33 from lung fibrosis.

The second round of asbestos cases centered on workers who worked in construction sites and were exposed to various types of asbestos-containing building materials including fireproofing sprays textures and drywall products. Asbestos lawyers also successfully brought lawsuits against companies who manufactured the equipment that utilized asbestos-containing materials, like pumps and boilers.

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

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

The Third Case

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

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

Following this ruling, a lot of asbestos producers filed for bankruptcy. This procedure allows a business, while still operating, to reorganize itself in bankruptcy court and to put money into trusts to pay asbestos claimants. Johns-Manville is an example. It was a victim of many lawsuits filed by former factory workers who were diagnosed with asbestosis, mesothelioma and lung cancer. Kazan Law set several cases against the manufacturer, and was able to obtain punitive damages verdicts against the company.

Asbestos litigation has grown in the past few years due to the growing number of asbestos-related diseases. Asbestos litigation is often complex because the illnesses caused by asbestos can take years to manifest and are not always obvious 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 to be responsible. The US Supreme Court has dealt with a variety of cases involving class action settlements that asbestos companies offered in an attempt to limit their liability, and it has also pondered the issue of whether it is possible to hold individuals responsible for injuries caused by asbestos.

The Fourth Cases

Asbestos is a very dangerous mineral that has caused the death or sickness of hundreds of thousands of people over the decades. It's also a material that was widely used by companies that knew that it was dangerous and they continued to employ it in their manufacturing processes.

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

These cases typically involve secondary exposure to asbestos. This occurs when employees who handle asbestos while on the job transfer it to their spouses or children living at home. The family members are affected by mesothelioma as well as other asbestos-related illnesses.

This kind of case is the basis for many lawsuits filed by relatives of victims of asbestos today. Asbestos lawyers can assist families bring a claim against the responsible parties for the asbestos-related injuries suffered by their loved relatives.

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

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

The most recent major advancement in asbestos litigation is the filing a suit by Massachusetts residents against four companies for how they handled asbestos removal and disposal. The lawsuit alleged the companies in violation of state law by not disposing asbestos attorneys properly and failing to protect residents from the harmful dust.

Asbestos litigation is a long-running issue that is likely to continue for many decades to come. The asbestos industry has tried to avoid liability through legal arguments based on technicalities, and by trying to pass legislative remedies which would hinder victims from seeking justice. However, it seems that a lot of victims and their lawyers are determined to see justice done.