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Asbestos Lawsuit History

Many asbestos victims have been helped by 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.

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

The First Cases

Asbestos is a hazardous mineral that has ill-treated or killed thousands of people over time. Asbestos claims can be filed for many reasons, but they usually involve those who were exposed to the substance at work. This could include workers in factories that made asbestos-related products or those working on the construction of structures that contain asbestos, and even those who were exposed to asbestos from household products contaminated with asbestos like talcum powder.

Those who were exposed to asbestos can develop a number of different illnesses, including mesothelioma and lung cancer, and other respiratory ailments. Many have been awarded compensation for their injuries, even though some of these diseases can be fatal. This is because many countries have laws that require companies who create dangerous substances to warn people who might be injured by them.

The first asbestos lawsuit, filed in 1929, involved a woman by the name of Anna Pirskowski. She suffered from shortness of breathe and a thickening of the fingertip tissue (known as clubbing). She was awarded an amount of $75,000 as a settlement and is believed to be the first class action lawsuit in the field of asbestos.

Asbest lawsuits continued to be filed in the years that followed. Asbestos litigation became a very broad area of law and many lawyers began to specialize in asbestos litigation. They only took on cases that were very serious. Kazan Law was one firm that focused on this in the late 80s.

Other lawsuits were won by those who suffered from other asbestos-related illnesses such as asbestosis or plaques in the pleural cavity. This is because the condition that caused these was like mesothelioma making it easier for lawyers to prove. These claims also led to the revelation of secret documents that revealed how asbestos-related manufacturers 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 filing lawsuits. These lawsuits were filed against companies that mined asbestos, manufactured asbestos-containing products or sold products containing asbestos. Mesothelioma victims also filed claims against companies who designed and constructed the buildings where they worked including power plants, shipyards and refineries. The connection between asbestos exposure and mesothelioma development is strong.

In the early 1980s, the legal fights over asbestos lawsuits got more intense and the courts began to rule on many aspects of case processes. For instance a federal court ruled that only people suffering from malignant asbestos-related disease like mesothelioma or lung cancer are eligible to bring a lawsuit against the manufacturers of the asbestos products they employed. This ruling, known as Borel v. Fibreboard Paper Products Corp. was an important setback for asbestos lawsuit defendants.

At around the same time, Nellie Kershaw, a factory worker from Rochdale, England, filed what is thought to be the first well-known legal case against asbestos-related companies. Kershaw was diagnosed with lung issues due to her close contact with asbestos fibers, attempted to convince the company she worked for to cover her treatment. The company, however, refused. Kershaw passed away in her 30s of fibrosis.

The second wave of asbestos lawsuits centered on people who had been exposed to different types asbestos-containing building products, such as fireproofing sprays, and drywall products. Asbestos lawyers also filed successful cases against companies who made equipment that utilized asbestos attorneys-containing materials, such as pumps and boilers.

During this period, numerous documents that implicated asbestos companies were discovered. These documents revealed their involvement in fraud and conspiracies. The documents included personal documents of Johns-Manville President Sumner Simpson and correspondence from the general attorney of another asbestos producer, Raybestos Manhattan. These documents uncovered the conspiracy of these companies to hide knowledge that asbestos was dangerous and to suppress efforts to inform the public about these dangers.

In the mid-1980s to early-1990s, 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 reduce asbestos liability by asbestos companies. These attempts were met by massive opposition from plaintiffs' attorneys as well as their clients and the general public.

The Third Cases

In the 1970s, asbestos-related companies had lost the ability to hide information about the devastating effects of mesothelioma and other asbestos-related diseases from the general public. This was due to the fact that the link between asbestos and ailments such as mesothelioma, asbestosis and respiratory diseases like asthma began getting attention from major national publications instead of just small medical journals or industry newsletters. As soon as the link between asbestos and serious diseases was well-established, victims began making lawsuits against asbestos producers.

One of the main 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 have to prove that asbestos producers were negligent in exposing them to. In the 1973 case Borel v. Fibreboard a judge ruled asbestos producers liable for any injuries resulting from their products if they knew their product was unsafe, but did not inform their employees or the general public about its dangers.

Following this ruling, a lot of asbestos producers filed for bankruptcy. This process allows a business, while still operating, to reorganize itself in bankruptcy court and to put funds into trusts to pay asbestos claimants. Johns-Manville was a particularly noteworthy case because it was slammed with a variety of lawsuits from former factory workers who were suffering from asbestosis, lung cancer, and mesothelioma. Kazan Law brought several cases against the manufacturer and was able to get punitive damages verdicts against it.

Asbestos litigation has increased since then because of the increasing number of asbestos-related diseases. Asbestos litigation can be complicated due to the fact that the ailments caused by asbestos can take years to manifest and are not always apparent to those who are 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 responsible. The US Supreme Court has addressed a number of cases where asbestos companies attempted to limit their liability by offering settlements in class action. It has also addressed the question of whether individual defendants could be held liable for injuries resulting from asbestos.

The Fourth Case

Asbestos, a mineral that is extremely harmful has killed and sickened hundreds of thousands over the decades. It's also a product that was used extensively by companies that knew that it was dangerous and they continued to use it in their manufacturing processes.

As the legal system handles asbestos lawsuits and asbestos lawsuits, new developments take place constantly. One of the most important legal developments is the decision Lubbe v. Cape Plc. This set the precedent for victims to sue multinational corporations in their home countries to recover compensation.

These situations usually involve secondary exposure to asbestos. Workers who handle asbestos attorney at work may pass it on to their family members or spouses. 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 help families bring a claim against the companies that caused the asbestos-related injuries suffered by their loved relatives.

The emergence of class-action lawsuits is a major change in asbestos litigation. These asbestos lawsuits permit victims to seek justice with the aid of a lawyer familiar with the complex legal issues these cases bring.

While many asbestos attorneys have advocated for this type of lawsuit, there are those who are against it. In fact there have been a number of attempts to pass legislation that would limit the use of class actions in asbestos cases.

The most recent significant development in asbestos litigation was the filing of a suit by Massachusetts residents against four companies concerning how they handled asbestos abatement and disposal. The lawsuit claimed that the companies 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 be throughout the years to come. The asbestos industry has attempted to shield itself from responsibility using legal arguments based on technicalities, and by trying to pass legislative solutions that would prevent victims from seeking justice. But, it appears that many victims and their attorneys are determined to see justice done.