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Asbestos Lawsuit History

Many asbestos victims have received assistance from lawyers like Stanley Levy. People with mesothelioma and other asbestos-related illnesses can sue companies that mined, manufactured or used asbestos and asbestos-containing products.

Nellie Kershaw was the first to file an asbestos lawsuit. She worked in a factory that spun asbestos fibers in England and was diagnosed with health issues. She passed away at the age of 33 due to fibrosis of her lungs. It was 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 many reasons, but they typically involve people who were exposed to the substance at work. This includes workers who worked in factories that manufactured asbestos-related products or at the construction site of buildings with asbestos. It can also include those who were exposed to asbestos by using household products, such as talcum powder.

Those who were exposed to asbestos can be afflicted with a variety of diseases including mesothelioma, lung cancer and other respiratory ailments. While some of these ailments are serious and may be fatal, many have been able to receive compensation for their injuries. Many countries have laws that require companies that produce dangerous substances to warn anyone who may be injured.

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

In the years following there were a lot of asbestos lawsuits were filed. Asbestos litigation became a very vast area of law and many attorneys started to specialize in asbestos litigation. They only would take on cases that were very important. One firm that did this was Kazan Law, which in the late 1980s began to concentrate on the bringing of cases on behalf of people who had mesothelioma.

Other lawsuits have been won by those who suffered from asbestos-related ailments, such as asbestosis and plaques in the pleural cavity. The disease that caused them was similar to the mesothelioma, which makes it more straightforward to prove for lawyers. These claims also led to the disclosure of secret documents that demonstrated how manufacturers of asbestos products tried to conceal the risks. In 1989, the Asbestos Ban & Phase Out Rule was issued.

The Second Case

As the number of people diagnosed with asbestos-related disease increased the number of victims and their families began to file lawsuits. These lawsuits were filed against companies that mined asbestos, manufactured asbestos-containing products or sold asbestos-containing products. Mesothelioma sufferers also filed claims against companies that designed and constructed the structures that they worked in such as power plants, shipyards and refineries. The connection between mesothelioma and asbestos exposure is strong.

In 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 case procedure. For example a federal court ruled that only those suffering from a malignant asbestos lawyer-caused illness such as mesothelioma, or lung cancer are eligible to file lawsuits against the producers of asbestos-related products they employed. This ruling, dubbed Borel v. Fibreboard Paper Products Corp. was an important setback for defendants in asbestos litigation.

At around the same time, Nellie Kershaw, a factory worker from Rochdale, England, filed what is believed to be the first legal claim that is well-known against asbestos-related companies. Kershaw, a factory worker from Rochdale, England was diagnosed with lung problems caused by her frequent exposure to raw asbestos fibers. Kershaw tried to convince her employer to pay for the treatment. The company refused. Kershaw died in her 30s of fibrosis.

The second round of asbestos cases focused on workers who worked in construction sites and were exposed to various kinds of asbestos-containing building materials such as fireproofing sprays, textures and drywall products. Asbestos lawyers also successfully brought lawsuits against companies who manufactured the equipment that utilized asbestos-containing materials, like boilers and pumps.

During this period, a variety of documents that were incriminating were found that revealed asbestos companies' involvement in conspiracy and fraud. The documents included 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 plot between these two companies to hide asbestos' dangers and suppress efforts to warn the public.

In the early and mid-1980s When these and other forms of corporate fraud and conspiracy were exposed in the 1980s, a wave of class action settlements was launched, along with other attempts were made to reduce asbestos liability by asbestos companies. These attempts were met with a fierce resistance from plaintiffs' attorneys and their clients, as as from the public at large.

The Third Cases

In the 1970s, asbestos firms had lost the ability to hide information on the fatal effects of mesothelioma and other asbestos-related diseases from the general public. This was due in large part to the fact that major national publications began paying attention to the connection between mesothelioma, asbestos and other respiratory illnesses, as opposed to small industry medical journals and newsletters. After asbestos-related serious illnesses were established and patients began filing lawsuits against asbestos manufacturers.

One of the main driving factors that led to more asbestos lawsuits in 1970s was a court decision which allowed plaintiffs to apply the legal theory of strict liability. Plaintiffs in asbestos cases used to need to prove that asbestos manufacturers were negligent in exposing them. However in the 1973 case of Borel v. Fibreboard, a judge decided that asbestos manufacturers were accountable for any injuries caused by their products if the company knew that their product was hazardous and did not inform its employees or the public about its dangers.

In the wake of this ruling, a number of asbestos-related companies were forced to file for bankruptcy, a process that allows businesses to be reorganized in bankruptcy court, set money in trusts to cover asbestos claims, and then continue to operate. Johns-Manville is one of the most notable examples. It was the victim of many lawsuits filed by former factory workers who were diagnosed with asbestosis, mesothelioma, and lung cancer. Kazan Law set several cases against the manufacturer, and was able to obtain punitive damages verdicts against the company.

Asbestos lawsuits have increased in the past few years because of the increasing number of asbestos-related illnesses. Asbestos litigation is often complicated because the diseases caused by asbestos can take a long time to manifest and are not always obvious to those who have been diagnosed.

Additionally certain victims have been forced to wait for years to receive compensation from insurance companies after their employers were found responsible. 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 considered the issue of whether it is possible to hold individuals responsible for asbestos-related injuries.

The Fourth Case

Asbestos, a mineral which is extremely harmful, has sickened and killed hundreds of thousands over the years. asbestos lawyer was also extensively used by companies who knew it was a risk yet continued to make use of it.

As the legal system handles asbestos lawsuits, new developments are taking place every day. One of the most important legal developments is the ruling Lubbe v. Cape Plc. This set a precedent allowing victims to sue multi-national companies in their home countries for compensation.

Often, these cases involve secondary exposure to asbestos. This happens when workers who handle asbestos while on the job transfer it to their spouses or children living at home. The family members then suffer from mesothelioma or other asbestos-related diseases.

Many lawsuits are filed today by the families of victims based on this type of situation. Asbestos lawyers can assist families file a claim against the company that is responsible for their loved ones' asbestos injuries.

Another big change in asbestos litigation has been the increase in class action lawsuits. These asbestos lawsuits permit victims to seek justice with the assistance of a lawyer who is well-versed in the legal issues these cases present.

While many Asbestos Attorneys (Blogfreely.Net) have advocated for this type of litigation, there are some who oppose it. There have been numerous attempts at passing legislation to limit the use class actions in asbestos lawsuits.

The most recent major development in asbestos litigation was the filing of a lawsuit filed by Massachusetts residents against four companies concerning how they dealt with asbestos abatement and disposal. The lawsuit claimed that the companies did not follow state laws in not properly disposing asbestos and exposing residents to toxic dust.

Asbestos litigation is a long-standing problem that will likely persist for many decades to come. The asbestos attorney industry has tried to avoid liability through legal arguments that are technical, and by trying to pass legislative solutions that would stop victims from seeking justice. However, it seems that many victims and attorneys are determined to see justice served.