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Asbestos Lawsuit History

Lawyers like Stanley Levy have helped many asbestos attorney (squareblogs.net's website) victims. Patients suffering from mesothelioma and asbestos-related diseases can sue companies that mined, manufactured or used asbestos and asbestos-containing products.

The first asbestos lawsuit was filed by Nellie Kershaw. She worked in a factory that made asbestos fibers in England and developed health problems. She died at 33 due to fibrosis in her lungs, which was caused by asbestos exposure.

The First Cases

Asbestos is a hazardous mineral that has afflicted or killed thousands of people over time. Asbestos claims are filed for a variety reasons, but the majority involve those who have been exposed to asbestos at work. This includes those who worked in factories that made asbestos-related products or at the construction site of buildings containing asbestos. It could also include people who were exposed to asbestos by using household products, such as talcum powder.

People who were exposed to asbestos could develop a number of different illnesses, including mesothelioma and lung cancer, and other respiratory ailments. Many have received compensation for their injuries, even though some of these diseases are fatal. This is because many countries have laws that require companies who create dangerous substances to inform those who may be hurt by them.

The first asbestos lawsuit was filed in 1929. It was filed by a woman whose name was Anna Pirskowski. She was suffering from a range of symptoms including breathlessness and thickening of the fingertip tissue, also known as clubbing. She received a settlement worth $75,000 in what is believed to be a first-ever class action lawsuit involving asbestos.

In the years that followed there were a lot of asbestos lawsuits were filed. Asbestos litigation became a large area of law, and many attorneys started to specialize in asbestos litigation. They only would take on cases that were serious. Kazan Law was one firm that specialized in this area in the late 80s.

Other lawsuits were won by those who suffered from other asbestos-related illnesses like asbestosis or pleural plaques. This is due to the fact that the disease that caused these was similar to mesothelioma and therefore easier for lawyers to prove. These claims led to the disclosure of secret documents that showed how asbestos product manufacturers tried to hide their risks. In 1989 the Asbestos Ban & Phase Out Rule was issued.

The Second Case

As the number diagnosed with asbestos-related illnesses grew the families and victims began to file lawsuits. These lawsuits were filed against companies that mined asbestos, manufactured asbestos-containing products, or sold asbestos-containing goods. Additionally, mesothelioma patients filed lawsuits against the companies that designed and built the buildings where they worked including shipyards, power plants, refineries and factories. The connection between asbestos exposure and mesothelioma development is strong.

In the early 1980s the legal litigation over asbestos lawsuits started to intensify and courts made rulings on a variety of aspects of the case procedure. For instance a federal court decided that only individuals suffering from a malignant asbestos-caused illness such as mesothelioma, or lung cancer are able to file a lawsuit against the manufacturers of the asbestos products they employed. This ruling, referred to as Borel V. Fibreboard Paper Products Corp. was a major setback in asbestos litigation.

At the same time, Nellie Kershaw, a factory worker from Rochdale, England, filed what is considered the first legal claim that is well-known against asbestos-related companies. Kershaw, who had been diagnosed with lung ailments caused by her close contact with asbestos fibers, tried to get the company she worked for to pay for her medical treatments. However, the company refused. Kershaw passed away in her 30s from fibrosis.

The second round of asbestos cases focused on workers who worked at construction sites and were exposed to various types of asbestos-containing building materials such as fireproofing sprays, drywall materials and textures. Asbestos lawyers also filed successful cases against companies that produced equipment that contained asbestos-containing materials, like boilers and pumps.

During this time, a variety of documents incriminating asbestos companies were discovered. These documents showed their involvement in conspiracies and fraud. The documents included the personal files of Johns-Manville president Sumner Simpson, as well as correspondence from the general counsel for another asbestos producer, Raybestos Manhattan. These documents revealed the plot of these companies to conceal the fact that asbestos was dangerous and to deflect efforts to inform the public about the dangers.

In the early to mid-1980s When these and other forms corporate fraud and conspiracy were uncovered, 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 with fierce resistance from plaintiffs' attorneys and their clients, as as the public at large.

The Third Cases

In the 1970s, asbestos-related companies could no longer conceal the devastating effects of asbestos-related diseases like mesothelioma from the general public. This was due to the fact that the connection between asbestos and illnesses such as mesothelioma, asbestosis and other respiratory ailments began getting attention from major national publications instead of just small industry newsletters or medical journals. After asbestos-related serious illnesses were established and the victims began making lawsuits against asbestos producers.

In the 1970s, a decision by the courts that allowed plaintiffs the recourse to strict liability as a legal principle was one of the primary factors that led to an increase in asbestos lawsuits. Plaintiffs in asbestos cases used to need to prove that asbestos producers were negligent in exposing them to. In the 1973 case of Borel v. Fibreboard a judge ruled asbestos manufacturers liable for any injuries resulting from their products if they knew their product was unsafe but did not warn their employees or the general public about its dangers.

After this ruling, many asbestos producers filed for bankruptcy. This process allows a business, while still in operation, to reorganize itself in bankruptcy court and to put money in trusts to pay asbestos claimants. Johns-Manville was an especially notable case, since it was hit with numerous lawsuits from former factory workers suffering from asbestosis, lung cancer, and mesothelioma. Kazan Law brought several cases against the manufacturer and was able win punitive damages against it.

Asbestos lawsuits have increased in the past few years due to the growing number of asbestos-related illnesses. Asbestos cases are often complex because the diseases they cause can take decades to manifest and aren't always evident to those who have been diagnosed.

A few victims have had to wait years for compensation from insurance companies even after their employers were found to be responsible. The US Supreme Court has addressed various cases where asbestos companies tried to limit their liability by offering settlements in class action. It also has addressed the question of whether individuals can be held liable for injuries resulting from asbestos.

The Fourth Cases

Asbestos, a substance that is extremely harmful, has sickened and killed hundreds of thousands of people over the decades. Asbestos was also extensively used by companies who were aware of its dangers, but continued to make use of it.

As the legal system deals these asbestos lawsuits with a constant stream of new developments. One of the most important legal developments is a ruling known as Lubbe v Cape Plc, which set an example that allows asbestos victims to sue multinational companies in their home jurisdictions to recover compensation.

These cases often involve secondary exposure to asbestos. Workers who work with asbestos work may transfer it to their families or spouses. The family members are affected by mesothelioma as well as other asbestos-related diseases.

There are many lawsuits filed today by the families of victims based on this type of situation. Asbestos lawyers can assist families bring a case against the companies that caused the asbestos injuries of their loved ones.

Another major development in asbestos litigation is the emergence of class action lawsuits. These asbestos lawsuits allow victims to pursue justice with the help of a lawyer experienced in the complicated legal issues that these cases present.

While many asbestos attorneys have pushed for this type of litigation, there are those who are against it. In actual fact, there have been several attempts to pass legislation that would limit the use of asbestos-related class actions.

The most recent major change in asbestos litigation was the filing of a lawsuit filed by Massachusetts residents against four companies over the way they handled asbestos abatement and disposal. The lawsuit claimed that the firms violated state laws by not disposing asbestos properly and exposing residents to the harmful dust.

Asbestos litigation has been going on for a long time and it will continue to be throughout the years to come. The asbestos industry has tried to shield itself from responsibility using legal arguments based on technicalities and by trying to pass legislative solutions which would hinder victims from seeking justice. It appears that a lot of victims, as well as their lawyers are determined to get justice served.