14 Questions You Shouldn t Be Anxious To Ask Asbestos Lawsuit History
Asbestos Lawsuit History
Lawyers like Stanley Levy have helped many asbestos victims. Patients suffering from mesothelioma or other asbestos-related diseases can sue companies who produced, mined or used asbestos or asbestos-containing products.
Nellie Kershaw filed her first asbestos lawsuit. She suffered health issues while working in an asbestos fiber factory in England. She died at age 33 of fibrosis in the lungs caused by asbestos exposure.
The First Cases
Asbestos is a dangerous mineral that has sickened or killed thousands of people over time. Asbestos claims are filed for many reasons, but the majority involve people who have been exposed to asbestos in their work. This includes workers who worked in factories that made asbestos-related products, or on the construction sites of buildings containing asbestos. It could also include those who were exposed to asbestos through household products like talcum powder.
Exposure to asbestos can trigger many different diseases that include mesothelioma, lung cancer and other respiratory issues. While some of these ailments are very serious and can be fatal, many have been able to obtain compensation for their injuries. Most countries have laws requiring companies that produce dangerous substances to inform anyone who might be injured.
The first asbestos lawsuit was filed in 1929, and involved a woman named Anna Pirskowski. She suffered from breath shortness and thickening in the tissue around the fingertip (known as clubbing). She was awarded a settlement of $75,000 in what is believed to be the first-ever class action lawsuit involving asbestos.
In the years that followed there were a lot of asbestos lawsuits were filed. Some of the cases became very large, and many attorneys began to specialise in asbestos litigation. They only would take on cases that were serious. Kazan Law was one firm that focused on this in the late 80s.
Other lawsuits have been won by those who suffered from asbestos-related diseases such as asbestosis or pleural plaques. This is because the condition that caused these was like mesothelioma making it simpler for lawyers to prove. These claims also led to the revelation of secret documents that revealed how asbestos-related manufacturers tried to conceal the 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 disease increased, victims and families began to file lawsuits. These lawsuits were filed against businesses that mined asbestos, manufactured asbestos-containing products or sold products containing asbestos. Mesothelioma victims also filed claims against companies who designed and constructed the structures where they worked such as shipyards, power plants and refineries. The connection between asbestos exposure and mesothelioma growth is strong.
In the early 1980s the legal battle over asbestos lawsuits began to get more intense and the courts made rulings on a variety of aspects of the litigation process. For instance, a federal court ruled that only people suffering from a malignant asbestos-caused disease such as mesothelioma or lung cancer are eligible to file an action against the makers of asbestos-related products they used. This ruling, dubbed Borel v. Fibreboard Paper Products Corp. is a major setback to asbestos plaintiffs.
At the same time, Nellie Kershaw, a factory worker from Rochdale, England, filed what is considered the first well-known legal claim against asbestos companies. Kershaw was diagnosed with lung problems due to her close contact with raw asbestos fibers, attempted to get the firm she worked for to pay for her treatments. The company refused. Kershaw passed away at 33 years old of fibrosis of her lungs.
The second wave of asbestos lawsuits (foreman-philipsen-3.blogbright.net) focused on those who were exposed to various types of asbestos-containing building products like fireproofing sprays and drywall products. Asbestos attorneys also brought successful cases against companies that manufactured equipment that used asbestos-containing materials, such as boilers and pumps.
During this period, numerous documents that implicated asbestos companies were discovered. These documents proved their involvement in conspiracies and fraud. These included the personal records of Johns-Manville president Sumner Simpson, as well as correspondence from the general counsel of another asbestos manufacturer, Raybestos Manhattan. These documents revealed the scheme of these companies to cover up the fact that asbestos was hazardous and to thwart efforts to inform the public about these dangers.
In the early to mid-1980s in the 1980s, when these and other forms corporate fraud and conspiracy were uncovered In the early to mid-1980s, a wave of class actions settlement was initiated, as well as other efforts were made to limit asbestos liability by asbestos lawyers companies. These efforts were met with a fierce opposition from plaintiffs' lawyers and their clients, as as the general public in general.
The Third Cases
In the 1970s, asbestos companies could no longer hide the deadly effects of asbestos-related diseases such as mesothelioma from the public. This was largely due to the fact that the link between asbestos and ailments like asbestosis, mesothelioma and other respiratory problems started getting attention from major national publications instead of just small industry newsletters or medical journals. Once the links between asbestos and serious illnesses were established and patients began making lawsuits against asbestos producers.
One of the primary driving factors that led to increased asbestos lawyer lawsuits in the 1970s was a court decision that allowed plaintiffs to use the legal concept of strict liability. In the past asbestos lawsuits, plaintiffs had to show that asbestos manufacturers were negligent in the way they caused their exposure to asbestos. In the 1973 case Borel v. Fibreboard a judge ruled asbestos producers liable 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 the dangers.
After this ruling, many asbestos producers filed for bankruptcy. This procedure allows a company, even if still in operation, to organize its affairs in bankruptcy court and put money into trusts to pay asbestos claimants. Johns-Manville is a notable case, since it was hit with numerous lawsuits brought by former factory workers suffering from asbestosis, lung cancer, and mesothelioma. Kazan Law brought several cases against the manufacturer and was able to win the company punitive damages in a number of cases.
Since then, asbestos litigation has continued grow due to the increasing number of victims suffering from asbestos-related ailments. Asbestos cases are often complex, as the illnesses they cause can take decades to manifest and aren't always evident to those who have been diagnosed.
In addition certain victims have been forced to wait for years to receive compensation from insurance companies after their employers were found liable. The US Supreme Court has dealt with several cases involving settlements for class actions that asbestos companies offered as a way to limit their liability, and has also looked into the question of whether or not it is possible to hold individual defendants liable for asbestos-related injuries.
The Fourth Case
Asbestos is a very dangerous mineral that has caused the death or sickness of hundreds of thousands of people over the years. Asbestos was also extensively used by companies who knew it was a risk, but continued to make use of it.
As the legal system tackles asbestos lawsuits and asbestos lawsuits, new developments take place every day. One of the most significant legal developments is the ruling Lubbe v. Cape Plc. This set a precedent allowing victims to sue multinational corporations in their home countries to recover compensation.
In most cases, these situations involve exposure to asbestos in the second degree. This is when those who handle asbestos while 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 diseases.
This type of situation is the basis of many lawsuits filed by relatives of victims today. Asbestos lawyers can help families file a lawsuit against the company that is responsible for their loved ones' asbestos-related injuries.
The emergence of class-action lawsuits is a major change in asbestos litigation. These asbestos lawsuits permit victims to pursue justice with the aid of a lawyer who is familiar with the complex legal issues these cases bring.
Some asbestos attorneys are opposed to this type of litigation. There have been numerous attempts to pass legislation to limit the use of class actions in asbestos lawsuits.
The latest major development in asbestos litigation is the filing an action by Massachusetts residents against four 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 failing residents from toxic 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 shield itself from responsibility by using legal arguments based on technicalities and by attempting to get legislative remedies passed which would stop victims from seeking justice. It appears that many victims, and their lawyers are determined to get justice acted upon.