10 Beautiful Images To Inspire You About Asbestos Lawsuit History

Asbestos Lawsuit History

Lawyers like Stanley Levy have helped many asbestos victims. People suffering from asbestos-related illnesses, such as mesothelioma, can sue companies that mined or manufactured asbestos.

Nellie Kershaw filed the first asbestos lawsuit. She worked in a factory that spun asbestos fibers in England and was diagnosed with health issues. She passed away at 33 due to fibrosis of her lungs, caused by exposure to asbestos.

The First Cases

Asbestos, a dangerous mineral, has afflicted and killed thousands of people over the years. Asbestos claims can be filed for a variety of reasons, but they generally involve people who were exposed to the substance at work. This includes those who worked in factories that manufactured asbestos-related products or at the construction sites of buildings containing asbestos. It can also include people who were exposed to asbestos through household products such as talcum powder.

Exposure to asbestos can trigger a variety of illnesses which include mesothelioma, lung cancer, and other respiratory issues. Many have been compensated for their injuries, even though some of these diseases can be fatal. This is largely because most countries have laws that require companies who create dangerous substances to warn those who could be injured by them.

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

In the years following, more and more asbestos lawsuits were filed. Asbestos litigation became a very broad area of law and many attorneys started to specialize in asbestos litigation. They only took on cases that were extremely important. One firm that did this was Kazan Law, which in the late 1980s began to concentrate on bringing cases on behalf of people who had mesothelioma.

Other lawsuits were won by individuals who had suffered from other asbestos-related diseases like asbestosis or plaques in the pleural cavity. The disease that caused them was very similar to the mesothelioma, making it easier to prove for lawyers. These allegations led to the public disclosure of secret documents which showed the ways asbestos product manufacturers attempted to hide the risks they carry. 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 disease increased the families and victims began bringing lawsuits. These lawsuits were filed against companies who mined asbestos, made asbestos-containing products or sold asbestos-containing products. Mesothelioma patients also filed claims against companies that designed and constructed the structures that they worked in including shipyards, power plants and refineries. The connection between asbestos exposure and mesothelioma development is strong.

In the early 1980s the legal battles over asbestos lawsuits became more ferocious and courts began to rule on many aspects of the case process. For example, a federal court ruled that only those suffering from a malignant asbestos-caused disease such as mesothelioma or lung cancer are able to file an action against the makers of the asbestos products they employed. This ruling, known as Borel v. Fibreboard Paper Products Corp. was an important setback for defendants in asbestos litigation.

At 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, who had been diagnosed with lung issues due to 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 in her 30s from fibrosis.

The second wave of asbestos lawsuits focused on those who were exposed to various kinds of asbestos-containing building materials, such as fireproofing sprays and drywall products. Asbestos lawyers also won lawsuits against companies who manufactured the equipment that made use of asbestos-containing products, such as pumps and boilers.

During this time, a variety of documents that implicated asbestos companies were uncovered. These documents revealed their involvement in conspiracies 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 a conspiracy between these companies to conceal the dangers of asbestos and deflect efforts to educate the public.

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 attempts made to reduce asbestos liability by asbestos companies. These efforts were met with strong opposition from plaintiffs' lawyers and their clients, as well as the public at large.

The Third Case

In the 1970s, asbestos-related companies could no longer hide the deadly effects of asbestos-related illnesses like mesothelioma from people. This was due to the fact that the link between asbestos and illnesses such as mesothelioma, asbestosis and other respiratory problems started getting attention from major national publications instead of just small medical journals or newsletters for industry. After the links between asbestos and serious illnesses were well-established and patients began filing lawsuits against asbestos manufacturers.

In the 1970s, a court decision that allowed plaintiffs the use of strict liability as a legal concept was among the major factors that led to an increase in asbestos lawsuits. Plaintiffs in asbestos cases would need to prove that asbestos manufacturers were negligent in exposing them to. In the 1973 case of 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 warn their employees or the general public about its dangers.

Following this ruling, a lot of asbestos producers were forced to file for bankruptcy. This allows a business, while still in operation, to organize itself in bankruptcy court and put funds into trusts to pay asbestos claimants. Johns-Manville is a notable case, since it was slammed with a variety of lawsuits from former workers who suffered from asbestosis, lung cancer, and mesothelioma. Kazan Law set several cases against the manufacturer and was able win punitive damage verdicts against the company.

Asbestos litigation has increased since then due to the growing number of asbestos-related illnesses. Asbestos cases can be complicated due to the ailments that they cause can take a long time to manifest themselves and aren't always apparent to those who are diagnosed.

A few victims have been waiting for years to receive reimbursement from insurance companies even after their employers were found to be responsible. The US Supreme Court has dealt with numerous cases involving class action settlements that asbestos companies offered to try to limit their liability, and it has also pondered the question of whether or not it is possible to hold individuals responsible for asbestos-related injuries.

The Fourth Cases

asbestos attorneys is a very dangerous mineral, which has sickened or killed hundreds of thousands of people over the years. It's also a substance that was extensively used by companies that knew it was deadly but continued to employ it in their manufacturing processes.

As the legal system handles asbestos lawsuits, new developments are taking 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.

In most cases, these situations involve secondary exposure to asbestos. Workers who work with asbestos work can transfer it to their family members or spouses. The family members suffer from mesothelioma or other asbestos-related diseases.

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

The rise of class action lawsuits is another major development in asbestos attorneys litigation. These asbestos lawsuits permit victims to seek justice with the assistance of a lawyer who is well-versed in the legal issues that these cases present.

While many asbestos attorneys have advocated for this type of lawsuit, there are those who are against it. There have been several attempts to pass legislation to limit the use class actions in asbestos lawsuits.

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

Asbestos litigation is a long-running issue that will likely continue for a number of decades to come. The asbestos industry has attempted to avoid accountability by using legal arguments based on technicalities and attempting to pass legislative remedies that would block victims from seeking justice. However, it appears that many victims and their attorneys are determined to see justice done.