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Asbestos Lawsuit History

Many asbestos victims have received assistance from lawyers such as Stanley Levy. Patients suffering from mesothelioma or other asbestos-related diseases can sue companies that mined, manufactured or used asbestos and asbestos-containing products.

Nellie Kershaw filed the first asbestos lawsuit. She worked in a factory that made asbestos fibers in England and developed health problems. She passed away at the age of 33 of fibrosis of the lungs caused by asbestos exposure.

The First Cases

Asbestos is a hazardous mineral that has afflicted or killed thousands of people over the course of time. Asbestos claims can be filed for a variety of reasons, but they usually involve people who were exposed to asbestos at work. This can include workers at factories that made asbestos-related items as well as those who worked on the construction of structures that contain asbestos, and even those who were exposed to asbestos secondhand from household products contaminated with asbestos such as talcum powder.

Exposure to asbestos can trigger various diseases, including mesothelioma, lung cancer, and other respiratory ailments. Many people have been awarded compensation for their injuries even though some of these diseases can be fatal. The majority of countries have laws that require manufacturers of dangerous substances to warn anyone who may be injured.

The first asbestos lawsuit that was filed in 1929 was filed by a woman with the name of Anna Pirskowski. She was suffering from a number of symptoms including shortness of breath and thickening of the tissue around the fingers, also known as clubbing. She was awarded a settlement of $75,000 that is believed to be the first class action lawsuit filed in connection with asbestos.

Asbest lawsuits continued to be filed in the years that followed. Some of the cases became very large, and many attorneys began to specialize in asbestos litigation. This meant that they only took on the most serious cases. One company that took on this was Kazan Law, which in the latter half of the 1980s began to concentrate on bringing cases on behalf of people who had mesothelioma.

Other lawsuits were won by individuals who had suffered from other asbestos-related diseases such as asbestosis or pleural plaques. This is because the disease that caused these was very similar to mesothelioma, making it easier for lawyers to prove. These claims also led to the disclosure of secret documents that showed the way asbestos producers tried to conceal the risks. This led to the Asbestos Ban and Phase Out Rule being issued in 1989.

The Second Case

As the number diagnosed with asbestos-related illnesses grew, victims and families began to file lawsuits. These lawsuits were filed against businesses who mined asbestos, made asbestos-containing products or sold asbestos-containing products. Additionally, mesothelioma patients filed lawsuits against the companies who designed and constructed the buildings they worked in like power plants, shipyards, factories and refineries. The link between mesothelioma and asbestos exposure is strong.

In the early 1980s, the legal battle over asbestos lawsuits began to intensify and courts made rulings on a variety of aspects of the litigation procedure. A federal court, for instance decided that only those suffering from malignant asbestos-caused diseases such as mesothelioma and lung cancer were eligible to bring a lawsuit against the makers of asbestos products. This ruling, also known as Borel V. Fibreboard Paper Products Corp. was a major setback for asbestos litigation.

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 companies. Kershaw, who had been diagnosed with lung problems due to her frequent 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 at 33 years old from fibrosis of her lungs.

The second round of asbestos cases centered on those who worked in construction sites and were exposed to different kinds of asbestos-containing building materials including fireproofing sprays drywall materials and textures. Asbestos lawyers also won cases against companies that made the equipment that utilized asbestos-containing materials, such as boilers and pumps.

During this period, a variety of documents that were incriminating were found that proved asbestos companies' involvement in conspiracy 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 manufacturer, Raybestos Manhattan. These documents revealed a shady alliance between these companies to conceal the dangers of asbestos and deflect efforts to educate the public.

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

The Third Case

In the 1970s, asbestos firms had lost the ability to conceal information about the deadly effects of mesothelioma and other asbestos-related illnesses from the public. This was due in large part to the fact major national publications began paying attention to the connection between asbestos, mesothelioma and other respiratory diseases, instead of small industry medical journals and newsletters. As soon as the link between asbestos and serious illness was established, patients started filing lawsuits against asbestos producers.

In the 1970s, a court ruling that allowed plaintiffs to use of strict liability as a legal principle was one of the main reasons for an increase in asbestos lawsuits. Previously asbestos lawsuits, plaintiffs required proof that asbestos manufacturers were negligent in the way they caused their exposure to asbestos. In the 1973 case of Borel v. Fibreboard a judge ruled asbestos manufacturers accountable for any injuries that resulted from their products if they knew that their product was dangerous 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 process which allows a company to reorganize itself in bankruptcy court, put money aside in trusts to pay for asbestos claims, and then continue to operate. Johns-Manville is an example. It was the victim of many lawsuits filed by former factory employees who were suffering from asbestosis, mesothelioma, and lung cancer. Kazan Law brought several cases against the manufacturer, and was able to win punitive damages verdicts against it.

Asbestos litigation has grown since then due to the growing number of asbestos-related diseases. Asbestos litigation can be complicated because the diseases caused by asbestos can take years to manifest and are not always obvious to those who have been diagnosed.

Some victims have been waiting for years to receive settlements from insurance companies, even after their employers were found responsible. The US Supreme Court has addressed various cases where asbestos companies attempted to limit their liability by offering settlements in class action. It also has discussed whether individual defendants could be held accountable for injuries caused by asbestos.

The Fourth Case

Asbestos is a highly dangerous mineral that has killed or sickened hundreds of thousands of people over the years. It's also a product that was extensively used by companies who knew it was dangerous and they continued to employ it in their manufacturing processes.

As the legal system tackles asbestos lawsuits new developments are taking place all the time. One of the most significant legal developments is the decision Lubbe v. Cape Plc. This set a precedent allowing victims to sue multi-national companies in their home countries for compensation.

In most cases, these situations involve exposure to asbestos in the second degree. Workers who work with asbestos work can transfer it to their family members or spouses. The family members suffer from mesothelioma and other asbestos-related diseases.

Many lawsuits are filed by the families of victims based on this kind of case. Asbestos lawyers can assist families file a lawsuit against the company responsible for their loved ones' asbestos injuries.

Another significant development in asbestos litigation is the emergence of class action lawsuits. These asbestos lawsuits allow victims to seek justice with the help of a lawyer familiar with the complex legal issues these cases raise.

While a lot of asbestos attorney lawyers have pushed for this type of lawsuit, there are certain people who do not support it. In fact, there have been several attempts to pass legislation to limit the use of class actions in asbestos cases.

The most recent significant advancement in asbestos litigation was the filing of a suit by Massachusetts residents against four companies regarding how they handled asbestos removal and disposal. The lawsuit claimed that the companies had violated state law by not disposing of asbestos properly and failing to protect residents from the harmful dust.

Asbestos litigation is a long-running issue that will likely continue for many decades to come. The asbestos industry has attempted to avoid responsibility through legal arguments that are technical and also by attempting to pass legislative solutions that would stop victims from seeking justice. But, it appears that many victims and their attorneys are determined to get justice.