15 Reasons To Not Be Ignoring Asbestos Lawsuit History

Asbestos Lawsuit History

Many asbestos victims have been helped by lawyers such as Stanley Levy. Patients suffering from mesothelioma and asbestos-related diseases can sue companies who mined, manufactured or used asbestos and asbestos-containing products.

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

The First Cases

Asbestos is a dangerous mineral that has sickened or killed thousands of people over time. Asbestos claims can be filed for a variety of reasons, but they typically involve people who were exposed to asbestos at work. This includes workers who worked in factories that produced asbestos-related products or at the construction sites of buildings that contain asbestos. It can also include people who were exposed to asbestos through household products such as talcum powder.

Exposure to asbestos can lead to many different illnesses that include mesothelioma, lung cancer, and other respiratory issues. Although some of these diseases are very serious and can be fatal, many have been able to receive compensation for their injuries. This is largely because most countries have laws that require companies that create dangerous substances to inform those who may be injured by them.

The first asbestos lawsuit was filed in 1929 and was filed by a woman whose name was Anna Pirskowski. She was suffering from a range of ailments, including shortness of breath and the thickening of the fingertip tissue, which is known as clubbing. She was awarded an amount of $75,000 in settlement and is believed to be the first class action lawsuit filed in the field of asbestos.

In the years following in the years that followed, more and more asbestos lawsuits were filed. Some of the cases became very large, and many attorneys began to specialize in asbestos litigation. They only accepted cases that were extremely important. 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 mesothelioma patients.

Other lawsuits have been won by those who suffered from asbestos-related diseases like asbestosis and plaques in the pleural region. The disease that caused them was similar to mesothelioma making it simpler to prove for lawyers. These claims also led to the revelation of secret documents that showed how asbestos-related manufacturers tried to hide the dangers. In 1989 the Asbestos Ban & Phase Out Rule was enacted.

The Second Case

As the number of people diagnosed with asbestos-related diseases grew the number of victims and their families began filing lawsuits. These lawsuits were filed against companies who mined asbestos, made asbestos-containing products or sold asbestos-containing products. Mesothelioma victims also filed lawsuits against the companies that designed and constructed the buildings that they worked in such as shipyards, power plants, and refineries. The connection between asbestos 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 rulings on a variety of aspects of the process. For instance, a federal court ruled that only those suffering from malignant asbestos-related illness such as mesothelioma, or lung cancer are eligible to bring an action against the makers of the asbestos attorneys products they used. This ruling, also 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 filed what is now regarded as the first well-known lawsuit against asbestos-related companies. Kershaw, who had been diagnosed with lung issues caused by her close contact with raw asbestos fibers, tried to get the firm she worked for to pay for her treatments. However, the company refused. Kershaw passed away in her 30s of fibrosis.

The second phase of asbestos lawsuits centered on people who had been exposed to different types of asbestos-containing building products such as fireproofing sprays and drywall products. Asbestos lawyers also brought successful cases against companies who made equipment that utilized asbestos-containing material, such as boilers and pumps.

During this time, many documents pertaining to asbestos companies were uncovered. These documents showed 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 of another asbestos producer, 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 of these dangers.

In the early and mid-1980s in the 1980s, when these and other forms corporate fraud and conspiracy were discovered in the 1980s, a wave of class action settlement was initiated, as well as other attempts made to limit asbestos attorneys liability by asbestos companies. These attempts were met with fierce opposition from plaintiffs' lawyers and their clients, as as from the public at large.

The Third Case

In the 1970s, asbestos companies were no longer able cover up the dangers of asbestos-related illnesses like mesothelioma from people. This was due in large part to the fact that major national journals began paying attention to the connection between mesothelioma, asbestos and other respiratory illnesses, as opposed to small industry newsletters and medical journals. When the link between asbestos and serious illnesses was well established, victims started making lawsuits against asbestos producers.

One of the main push factors that led to more asbestos lawsuits in 1970s was a court ruling which allowed plaintiffs to apply the legal theory of strict liability. In the past, plaintiffs in asbestos cases had to show that asbestos manufacturers were negligent in creating their exposure to asbestos. In the 1973 case of Borel v. Fibreboard a judge ruled asbestos producers liable for any injuries caused by 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-related companies were forced to file for bankruptcy, a procedure that allows businesses to be reorganized in bankruptcy court, and put money aside in trusts to pay for asbestos claims and still operate. Johns-Manville is a notable example. It was a victim of numerous lawsuits filed by former workers who suffered from asbestosis, mesothelioma, and lung cancer. Kazan Law brought several cases against the manufacturer, and was able to win the company punitive damages in a number of cases.

Since the time, asbestos litigation has continued to grow as a result of the increasing number of victims suffering from asbestos-related illnesses. Asbestos cases are often complex due to the ailments that they cause can take a long time to manifest and aren't always obvious to those 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 numerous cases involving settlements for class actions 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 injury.

The Fourth Case

Asbestos, a substance that is extremely hazardous has killed and sickened hundreds of thousands of people over the many years. Asbestos was also used extensively by manufacturers who knew it was a risk yet continued to make use of it.

As the legal system deals with these asbestos lawsuits and asbestos lawsuits, new developments take place every day. One of the most significant legal developments is the decision Lubbe v. Cape Plc. This set an example for asbestos victims to sue multi-national companies in their home countries to recover compensation.

These cases often involve secondary asbestos exposure. Workers who work with asbestos work can transfer it to their families or spouses. Family members suffer from mesothelioma and other asbestos-related illnesses.

This type of case is the basis of many lawsuits filed by families of victims today. Asbestos lawyers can assist families file a claim against the companies that caused the asbestos injuries of their loved family members.

Another major development in asbestos litigation is the rise of class action lawsuits. These asbestos lawsuits provide victims the opportunity to seek justice through the help of an attorney who is well-versed in the complicated legal issues these cases bring up.

While many asbestos attorneys have pushed for this type of litigation, there are some who oppose it. There have been numerous attempts to pass legislation to limit the use class actions in asbestos lawsuits.

The most recent major advancement in asbestos litigation is the filing a suit by Massachusetts residents against four companies over their handling of asbestos removal and disposal. The lawsuit alleged that the companies violated the law of the state by not properly disposing of asbestos and failing to safeguard residents from the harmful dust.

Asbestos litigation has been going on for a long time and it will continue to be for a long time to come. The asbestos industry has tried to shield itself from responsibility using legal arguments that are technical and by trying to pass legislative remedies that would prevent victims from seeking justice. However, it appears that a lot of victims and their attorneys are determined to see justice done.