What You Should Be Focusing On Improving Asbestos Lawsuit History

Asbestos Lawsuit History

Lawyers like Stanley Levy have helped many asbestos victims. People with mesothelioma and other asbestos-related illnesses can sue companies that mined, manufactured or used asbestos or asbestos-containing products.

The first asbestos lawsuit was filed by Nellie Kershaw. She was diagnosed with health issues while working in an asbestos fiber factory in England. She died at age 33 of fibrosis of the lung caused by asbestos exposure.

The First Cases

Asbestos, a dangerous mineral, has afflicted and killed thousands throughout the years. Asbestos claims can be filed for various reasons, but they usually involve people who were exposed to asbestos at work. This includes those who worked in factories that made asbestos-related products, or on the construction site of buildings containing asbestos. It could also include people who were exposed asbestos attorneys through household products such as talcum powder.

Exposure to asbestos can trigger many different diseases, including mesothelioma, lung cancer and other respiratory issues. Many people have received compensation for their injuries even though some these diseases are fatal. The majority of countries have laws that require companies that produce dangerous substances to inform anyone who might be injured.

The first asbestos lawsuit was filed in 1929. It involved a woman named Anna Pirskowski. She was suffering from breath shortness and thickening of the fingertip tissue (known as clubbing). She was awarded an amount of $75,000 as a settlement that is believed to be the first class action lawsuit filed in relation to asbestos.

Asbest lawsuits continued to be filed in the years following. Some of these cases were quite large, and a lot of attorneys began to specialise in asbestos litigation. They only took on cases that were extremely important. One company that took on this was Kazan Law, which in the late 1980s started to concentrate on taking on cases for people with mesothelioma.

Other lawsuits were won by people who suffered from other asbestos-related illnesses such as asbestosis or pleural plaques. This is due to the fact that the disease that caused them was like mesothelioma making it more straightforward for lawyers to prove. These claims also led to the revelation of secret documents that showed the way asbestos attorney producers attempted to conceal the dangers. In 1989, the Asbestos Ban & Phase Out Rule was enacted.

The Second Cases

As the number diagnosed with asbestos-related illnesses grew the families and victims began bringing lawsuits. These lawsuits were filed against companies who mined asbestos, made asbestos-containing products, or sold asbestos-containing goods. In addition, mesothelioma sufferers filed claims against the companies that designed and constructed the buildings they worked in like shipyards, power plants, refineries and factories. 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 case processes. For example, a federal court ruled that only people suffering from a malignant asbestos-caused disease such as mesothelioma or lung cancer are able to file lawsuits against the producers of the asbestos products they used. This ruling, known as Borel v. Fibreboard Paper Products Corp., was an important setback for asbestos plaintiffs.

Around the same time, Nellie Kershaw from Rochdale in England filed what is regarded as the first known lawsuit against asbestos-related companies. Kershaw, an employee in a factory in Rochdale, England, was diagnosed with lung issues caused by her close exposure to raw asbestos fibers. She attempted to convince her employer to pay for the treatment. The company refused. Kershaw died in her 30s of fibrosis.

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

During this time, numerous documents that were incriminating were found that revealed asbestos companies were involved in fraud and conspiracy. The documents included the personal documents of Johns-Manville President Sumner Simpson and correspondence from the general attorney of another asbestos producer, Raybestos Manhattan. These documents revealed a shady alliance between these companies to conceal asbestos' dangers and to thwart efforts to warn the public.

The discovery of these, and other forms of corporate fraud and conspiracy in the early to mid-1980s sparked a wave of class action settlements as well as other attempts to limit asbestos liability for asbestos companies. These attempts were met with strong opposition from plaintiffs' attorneys as well as their clients and the public.

The Third Case

In the 1970s, asbestos-related companies could no longer cover up the dangers of asbestos-related diseases such as mesothelioma from people. This was due in large part to the fact major national publications began to pay attention to the link between asbestos, mesothelioma and other respiratory diseases, rather than small industry medical journals and newsletters. Once the connection between asbestos and serious illnesses was established, patients began filing lawsuits against asbestos producers.

One of the main push factors that led to more asbestos lawsuits in 1970s was a ruling by the courts which allowed plaintiffs to apply the legal concept of strict liability. Plaintiffs in asbestos lawsuits used to need to prove that asbestos producers were negligent in exposing them to. However, in the 1973 case of Borel v. Fibreboard, a judge declared that asbestos producers were liable for any injuries caused by their products when the company knew their product was dangerous and did not inform its employees or the general public about its dangers.

After this ruling, many asbestos producers were forced to file for bankruptcy. This procedure allows a company, even if still operating, to reorganize its affairs in bankruptcy court and to put funds into trusts to pay asbestos claimants. Johns-Manville was an especially notable case, since it was slammed with a variety of 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 get punitive damage verdicts against the company.

Since then, asbestos litigation has continued to increase due to the increasing number of victims suffering from asbestos-related ailments. Asbestos cases can be complicated because the diseases they cause can take years to manifest themselves and aren't always obvious to those diagnosed.

In addition there have been cases where victims were forced to wait for years to receive compensation from insurance companies after their employers were found accountable. The US Supreme Court has dealt with several cases involving class action settlements that asbestos companies offered in an attempt to limit their liability, and it has also considered the question of whether or not it is possible to hold defendants accountable for asbestos-related injury.

The Fourth Cases

Asbestos, a substance that is extremely hazardous, has sickened and killed hundreds of thousands of people over the years. It's also a material that was extensively used by companies who knew it was deadly, and yet they continued to make use of it in their manufacturing processes.

As the legal system handles these asbestos lawsuits new developments are taking place constantly. One of the most significant legal developments is a ruling called Lubbe v Cape Plc, which set an example that allows asbestos victims to sue multinational companies in their home jurisdictions for compensation.

These situations usually result in secondary exposure to asbestos. This happens when workers who work with asbestos on the job transfer it to their spouses or children living at home. The family members suffer from mesothelioma and other asbestos-related diseases.

This kind of case is the basis of many lawsuits brought by the families of victims of asbestos today. Asbestos lawyers can help families file a claim against the company that is responsible for their loved ones' asbestos-related injuries.

The emergence of class-action lawsuits is a significant development in asbestos litigation. These asbestos lawsuits provide victims the opportunity to seek justice with the help of an attorney well-versed in the complicated legal issues these cases present.

While many asbestos attorneys (click here to find out more) have pushed for this type of litigation, there are some who oppose it. In fact there have been a number of attempts to pass legislation that would limit the use of asbestos class actions.

The most recent major change in asbestos litigation is the filing a suit by Massachusetts residents against 4 companies for handling asbestos removal and disposal. The lawsuit alleged the companies in violation of state law by not disposing asbestos properly and exposing residents to toxic dust.

Asbestos litigation has been a long-running issue that is likely to continue for a number of decades to come. The asbestos industry has attempted to avoid liability through legal arguments that are technical, and by trying to pass legislative solutions which would hinder victims from seeking justice. But, it appears that many victims and their lawyers are determined to see justice done.