Buzzwords De-Buzzed: 10 Different Methods To Say Asbestos Lawsuit History
Asbestos Lawsuit History
Lawyers like Stanley Levy have helped many asbestos victims. Patients suffering from asbestos-related diseases like mesothelioma can sue companies who mined, manufactured or used asbestos.
The first asbestos lawsuit was filed by Nellie Kershaw. She worked in a factory that spun asbestos fibers in England and developed health problems. She died at 33 due to fibrosis of her lungs, which was caused by exposure to asbestos.
The First Cases
Asbestos, a hazardous mineral, has sickened and killed thousands over the years. Asbestos claims can be filed for many reasons, but they typically involve those who were exposed to the substance at work. This includes employees who worked in factories that made asbestos-related products or at the construction site of buildings containing asbestos. It can also be people who were exposed to asbestos through household products such as talcum powder.
Anyone who was exposed to asbestos can develop a variety of diseases including mesothelioma, lung cancer, and other respiratory diseases. While some of these ailments are serious and may be fatal, many people 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 warn people who might be hurt by them.
The first asbestos lawsuit was filed in 1929, and involved a woman named Anna Pirskowski. She was suffering from a number of symptoms including shortness of breath and thickening of the fingertip tissue, called clubbing. She received a settlement amounting to $75,000 in what is believed to be a first-ever class action lawsuit that dealt with asbestos.
Asbest lawsuits continued to be filed in the years that followed. Some of the cases grew extremely large, and a number of attorneys began to specialize in asbestos litigation. They only accepted cases that were extremely important. One company that took on this was Kazan Law, which in the latter half of the 1980s began to concentrate on taking on cases for mesothelioma patients.
Other lawsuits have been won by those who suffered from asbestos-related illnesses like asbestosis and plaques in the pleural cavity. The condition that caused them was very similar to mesothelioma making it more straightforward to prove for lawyers. These claims led to the disclosure of secret documents that revealed the ways asbestos product manufacturers attempted to hide the risks they carry. In 1989 the Asbestos Ban & Phase Out Rule was enacted.
The Second Cases
As the number of people diagnosed with asbestos-related diseases grew, patients and their families began to file lawsuits against companies that mined, manufactured or sold asbestos-containing products. Mesothelioma patients also filed claims against companies that designed and constructed the buildings where they worked such as shipyards, power plants and refineries. The link between asbestos exposure and mesothelioma's development is strong.
By the early 1980s, the legal dispute over asbestos lawsuits began to get more intense and the courts ruled on many aspects of the procedure. For example a federal court decided that only people suffering from a malignant asbestos-caused illness such as mesothelioma, or lung cancer are eligible to file a lawsuit against the manufacturers of asbestos-related products they employed. This ruling, also referred to as Borel V. Fibreboard Paper Products Corp. was a major setback for asbestos litigation.
At the same time, Nellie Kershaw, a factory worker from Rochdale, England, filed what is believed to be the first well-known legal claim against asbestos companies. Kershaw, who had been diagnosed with lung problems due to her frequent contact with asbestos fibers, attempted to get the company she worked for to pay for her treatments. But, the company was unable to agree. Kershaw passed away in her 30s from fibrosis.
The second wave of asbestos lawsuits focused on workers exposed to different kinds of asbestos-containing building materials, like fireproofing sprays and drywall products. Asbestos lawyers also won lawsuits against companies who manufactured the equipment that utilized asbestos-containing products, such as pumps and boilers.
During this time, a number of documents that were incriminating were found that proved asbestos companies were involved in a scheme of fraud and. The documents include the personal files of Johns-Manville President Sumner Simpson and correspondence from the general attorney for another asbestos producer, Raybestos Manhattan. These documents revealed a conspiracy between these companies to conceal the dangers of asbestos and suppress efforts to warn the public.
In the mid-1980s to early-1990s, when these and other forms corporate fraud and conspiracy were exposed In the early to mid-1980s, a wave of class actions settlements was launched and other attempts were made to limit asbestos liability by asbestos companies. These efforts were met with fierce opposition from plaintiffs' lawyers and their clients, as well as from the public in general.
The Third Case
By the 1970s asbestos companies could no longer hide the deadly effects of asbestos-related diseases such as mesothelioma from the general public. 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 diseases, instead of small industry newsletters and medical journals. When asbestos-related serious illnesses were established and the victims began filing lawsuits against asbestos manufacturers.
One of the primary driving factors that led to increased asbestos lawsuits in the 1970s was a court ruling which allowed plaintiffs to apply the legal theory of strict liability. Plaintiffs in asbestos lawsuits used to be required to prove that asbestos producers were negligent in exposing them. However, in the 1973 case of Borel v. Fibreboard, a judge declared that asbestos producers were accountable for any injuries caused by their products if the company knew that their product was hazardous and did not warn its employees or the general public about its dangers.
Following this ruling, a lot of asbestos attorney producers were forced to file for bankruptcy. This procedure allows a business, while still in operation, to organize its affairs in bankruptcy court and place funds into trusts to pay asbestos claimants. Johns-Manville is a notable example, as it was the subject of numerous lawsuits from former factory workers suffering from asbestosis, lung cancer and mesothelioma. Kazan Law set several cases against the manufacturer and was able get punitive damage verdicts against the company.
Asbestos lawsuits have increased since then due to the growing number of asbestos-related illnesses. Asbestos litigation is often complicated because the diseases caused by asbestos can take years to manifest and aren't always apparent to those diagnosed.
Some victims have also been waiting for years to receive compensation from insurance companies, even after their employers were found to be responsible. The US Supreme Court has addressed a number of cases where asbestos companies sought to limit their liability by offering class action settlements. It has also considered whether individual defendants could be held liable for asbestos related injury.
The Fourth Cases
Asbestos, a substance that is extremely harmful, has sickened and killed hundreds of thousands of people over the many years. It's also a product that was extensively used by companies that knew that it was dangerous 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 a decision called Lubbe v Cape Plc, which set a precedent that allows victims to sue multinational companies in their home jurisdictions to recover compensation.
Often, these cases are accompanied by secondary exposure to asbestos attorney. This is when those who work with asbestos while on the job transfer it to their spouses or children at home. The family members suffer from mesothelioma, or other asbestos-related illnesses.
Many lawsuits are filed today by the families of victims based on this type of situation. Asbestos lawyers can aid families file a lawsuit against the company responsible for their loved ones' asbestos-related injuries.
Another major change in asbestos litigation is the increase in class action lawsuits. These asbestos lawsuits give victims the chance to seek justice through the help of an attorney who is familiarized with the complex legal issues these cases present.
While many asbestos attorneys have pushed for this type of lawsuit, there are certain people who do not support it. There have been numerous attempts at passing legislation to limit the use of class actions in asbestos attorney lawsuits.
The most recent significant advancement in asbestos litigation was the filing of a suit by Massachusetts residents against four companies over the way they handled 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 protect residents from the harmful dust.
Asbestos litigation has been ongoing for decades, and it's likely that it will continue to do so throughout the years to come. The asbestos industry has tried to shield itself from responsibility using technical legal arguments and also by attempting to pass legislative remedies which would hinder victims from seeking justice. It seems that many victims, as well as their lawyers are determined to see justice served.