14 Misconceptions Commonly Held About Asbestos Lawsuit History

Asbestos Lawsuit History

Lawyers like Stanley Levy have helped many asbestos victims. Patients suffering from mesothelioma or other asbestos attorney-related diseases can sue companies who produced, mined, or used asbestos and asbestos-containing products.

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

The First Cases

Asbestos, a hazardous mineral, has afflicted and killed thousands of people over the years. Asbestos claims are filed for a variety reasons, but they usually involve those who were exposed to asbestos at work. This includes workers at factories that made asbestos-related items as well as those who worked in the construction of buildings containing asbestos and even those who were exposed to asbestos secondhand from contaminated household products such as talcum powder.

Exposure to asbestos can lead to many different diseases, including lung cancer, mesothelioma and other respiratory problems. Many have been compensated for their injuries even though some of these diseases can be fatal. This is because many countries have laws that require companies that create dangerous substances to warn those who could be hurt by them.

The first asbestos attorneys lawsuit, filed in 1929, involved a woman by the name of 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 and is believed to be the first class action lawsuit in relation to asbestos.

Asbest lawsuits continued to be filed in the years that followed. Asbestos litigation grew into a broad area of law and many attorneys started to specialize in asbestos litigation. They only would take on cases that were extremely serious. One firm that did this was Kazan Law, which in the latter half of the 1980s began to concentrate on bringing cases on behalf of people with mesothelioma.

Other lawsuits have been won by individuals who suffered from asbestos-related illnesses such as asbestosis or plaques in the pleural region. The condition that caused them was similar to mesothelioma which makes it more straightforward to prove for lawyers. These claims also led to the revelation of secret documents that showed the way asbestos producers tried to conceal the risks. This led to the Asbestos Ban and Phase Out Rule being announced in 1989.

The Second Case

As the number of people diagnosed with asbestos-related diseases increased, victims and their families began bringing lawsuits against companies that mined, manufactured or sold asbestos-containing products. Mesothelioma victims also filed lawsuits against companies who designed and constructed the buildings where they worked, including shipyards, power plants and refineries. The connection between asbestos attorneys exposure and mesothelioma development is strong.

By 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 procedure. A federal court, for instance, ruled that only those suffering from malignant asbestos-caused diseases such as mesothelioma and lung cancer were able to bring a lawsuit against the makers of asbestos products. This ruling, referred to as Borel V. Fibreboard Paper Products Corp. was a major setback in asbestos litigation.

The same time, Nellie Kershaw from Rochdale in England was the first to file what is now seen as the first well-known lawsuit against asbestos companies. Kershaw, who had been diagnosed with lung problems caused by her close contact with raw asbestos fibers, attempted to convince the company she worked for to pay for her medical treatments. The company, however, refused. Kershaw passed away in her 30s from fibrosis.

The second phase 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 won lawsuits against companies who manufactured the equipment that used asbestos-containing materials, such as boilers and pumps.

During this time, a variety of documents incriminating asbestos companies were discovered. These documents proved their involvement in conspiracy and fraud. This 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 uncovered the conspiracy of these companies to cover up knowledge that asbestos was dangerous and to thwart efforts to inform the public of these dangers.

In the mid-1980s to early-1990s in the 1980s, when these and other forms of corporate fraud and conspiracy were discovered, a wave class action settlements was launched, along with other efforts were made to limit asbestos liability were made by asbestos companies. These attempts were met by fierce resistance from plaintiffs’ attorneys, their clients and the public.

The Third Cases

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

In the 1970s, a court ruling that allowed plaintiffs to recourse to strict liability as a legal theory was one of the primary reasons for an increase in asbestos lawsuits. In the past, plaintiffs in asbestos cases had to show that asbestos manufacturers were negligent in creating their asbestos exposures. In the 1973 case of Borel v. Fibreboard a judge ruled asbestos manufacturers accountable for any injuries resulting from their products if they knew that their product was dangerous but did not inform their employees or the general public about its dangers.

In the wake of this ruling, a number of asbestos-related companies filed for bankruptcy, a process that allows businesses to be reorganized in bankruptcy court, set money in trusts to pay for asbestos claims and still continue to operate. Johns-Manville was an especially notable case, since it was hit with numerous lawsuits filed by former factory workers who were suffering from asbestosis, lung cancer, and mesothelioma. Kazan Law set several cases against the manufacturer and was able to obtain punitive damages verdicts against the company.

Since then asbestos litigation has continued to grow due to the growing number of people suffering from asbestos-related ailments. Asbestos cases can be complicated because the diseases they cause can take years to manifest and are not always immediately obvious to those diagnosed.

Some victims have also had to wait years for reimbursement from insurance companies, even after their employers were found to be responsible. The US Supreme Court has addressed several cases in which asbestos companies sought to limit their liability by offering settlements for class actions. It has also considered whether individuals can be held accountable for asbestos related injury.

The Fourth Cases

Asbestos, a mineral that is extremely dangerous has killed and sickened hundreds of thousands of people over the many years. Asbestos was also extensively used by manufacturers who were aware of its dangers yet continued to use it.

As the legal system tackles asbestos lawsuits, new developments are taking place constantly. One of the most important legal developments is the ruling Lubbe v. Cape Plc. This set an example for asbestos victims to sue multinational corporations in their home countries to recover compensation.

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

This type of situation is the basis of many lawsuits filed by families of victims today. Asbestos lawyers can assist families file a lawsuit against the company that is responsible for their loved ones' asbestos-related injuries.

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

While a lot of asbestos lawyers have pushed for this type of litigation, there are some who oppose it. In actual fact there have been a number of attempts to pass legislation restricting the use of class actions in asbestos cases.

The most recent major change in asbestos litigation was the filing of a lawsuit by Massachusetts residents against four companies regarding how they dealt with asbestos abatement and disposal. The lawsuit alleged that the companies had violated the law of the state by not properly disposing of asbestos and failing to safeguard residents from harmful dust.

Asbestos litigation has been ongoing for a long time, and it's likely that it will continue to be for a long time 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. But, it appears that many victims and their attorneys are determined to get justice.