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Asbestos Lawsuit History

Lawyers such as Stanley Levy have helped many asbestos victims. Patients suffering from asbestos-related diseases, such as mesothelioma, are able to sue companies that mined or manufactured asbestos.

The first asbestos lawsuit was filed by Nellie Kershaw. She worked in a plant that made asbestos fibers in England and developed health problems. She died at the age of 33 from 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 the years. Asbestos claims are filed for a variety of reasons, but the majority involve those who were exposed to asbestos in their work. This includes those who worked in factories that produced asbestos-related products, or on the construction sites of buildings that contain asbestos. It could also include people who were exposed asbestos through household products such as talcum powder.

Anyone who was exposed to asbestos may be afflicted with a variety of illnesses like mesothelioma, lung cancer and other respiratory conditions. Although some of these diseases are extremely serious and could be fatal, many people have been able receive compensation for their injuries. This is due to the fact that most countries have laws that require companies that produce dangerous substances to warn people who might be hurt by them.

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

Asbest lawsuits continued to be filed in the years following. Some of these cases were extremely large, and a number of attorneys began to specialise in asbestos litigation. They only accepted cases that were important. One firm that was involved in this was Kazan Law, which in the latter half of the 1980s began to focus on bringing cases on behalf of mesothelioma patients.

Other lawsuits were won by those who had suffered from other asbestos-related illnesses such as asbestosis or pleural plaques. The condition that caused them was similar to mesothelioma which makes it simpler to prove for lawyers. These allegations led to the public disclosure of secret documents that showed how asbestos manufacturers tried to conceal their risks. This led to the Asbestos Ban and Phase Out Rule being announced in 1989.

The Second Cases

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

In the early 1980s, the legal dispute over asbestos lawsuits began to get more intense and the courts ruled on many aspects of the procedure. For instance a federal court ruled that only people suffering from a malignant asbestos-caused illness such as mesothelioma, or lung cancer are able to file an action against the makers of asbestos-related products they employed. This ruling, known as Borel v. Fibreboard Paper Products Corp. was an important setback for asbestos lawsuit defendants.

Around the same time, Nellie Kershaw from Rochdale in England was the first to file what is now seen as the first well-known lawsuit against asbestos companies. Kershaw was diagnosed with lung issues due to her frequent contact with raw asbestos fibers, tried to convince the company she worked for to pay for her medical treatments. The company was unable to pay. Kershaw passed away at 33 years old from fibrosis of her lungs.

The second round of asbestos lawsuits centered on workers exposed to different kinds of asbestos-containing building materials, such as fireproofing sprays, and drywall products. Asbestos lawyers also prevailed in lawsuits against companies who manufactured the equipment that made use of asbestos-containing products, such as pumps and boilers.

During this time, a variety of documents that implicated asbestos companies were uncovered. These documents showed their involvement in conspiracy and fraud. The documents included 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 deflect efforts to educate the public.

In the mid-1980s to early-1990s, when these and other forms of corporate fraud and conspiracy were discovered, a wave class action settlement was initiated, as well as other attempts made to reduce asbestos liability by asbestos companies. These attempts were met by fierce resistance from plaintiffs’ attorneys, their clients and the public.

The Third Case

In the 1970s, asbestos-related companies had lost the ability to conceal information about the deadly effects of mesothelioma as well as other asbestos-related diseases from the general public. 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 illnesses, as opposed to small industry medical journals and newsletters. Once the connection between asbestos and serious illnesses was well established, victims started filing lawsuits against asbestos manufacturers.

In the 1970s, a court ruling that allowed plaintiffs to recourse to strict liability as a legal concept was among the major factors that led to an increase in asbestos lawsuits. Plaintiffs in Asbestos Attorney cases would have to prove that asbestos manufacturers were negligent for exposing them. In the 1973 case of Borel v. Fibreboard a judge ruled asbestos manufacturers liable for any injuries that resulted from their products if they knew their product was dangerous but did not warn their employees or the general public about the dangers.

After the ruling, a number of asbestos producers filed for bankruptcy. This allows a company, even if still in operation, to organize itself in bankruptcy court and put money in trusts to pay asbestos claimants. Johns-Manville is one of the most notable examples. It was hit by numerous lawsuits brought by former factory employees who were suffering from asbestosis, mesothelioma, or lung cancer. Kazan Law brought several cases against the manufacturer and was able win punitive damages against it.

Asbestos litigation has increased since then due to the rising number of asbestos-related diseases. Asbestos litigation is often complicated because the illnesses caused by asbestos can take a long time to manifest and are not always apparent to those who are diagnosed.

In addition certain victims have been forced to wait for years to receive compensation from insurance companies after their employers were found liable. The US Supreme Court has dealt with a variety of cases involving class action settlements that asbestos companies offered as a way 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 Cases

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

As the legal system tackles these asbestos lawsuits new developments are taking place all the time. One of the most significant legal developments is a ruling known as Lubbe v. Cape Plc, which set a precedent that allows victims to sue multinational corporations in their home jurisdictions for compensation.

Most of the time, these cases involve secondary exposure to asbestos. Workers who handle asbestos at work may pass it on to their families or spouses. The family members suffer from mesothelioma and other asbestos attorney-related diseases.

Many lawsuits are filed by the families of victims based on this kind of situation. Asbestos lawyers can assist families bring a case against the companies that caused the asbestos-related injuries suffered by their loved relatives.

Another major change in asbestos litigation has been the rise of class action lawsuits. These asbestos lawsuits allow victims to seek justice with the help of a lawyer who is familiar with the complex legal issues these cases present.

While many asbestos attorneys have advocated for this type of litigation, there are those who are against it. There have been numerous attempts at passing legislation to restrict the use of class actions in asbestos lawsuits.

The most recent major development in asbestos litigation is the filing of a lawsuit by Massachusetts residents against four companies for how they handled asbestos removal and disposal. The lawsuit alleged that the companies had violated the law of the state by not disposing of asbestos properly and failing to protect residents from harmful dust.

Asbestos litigation has been ongoing for decades, and it's likely that it will continue to be for a long time to come. The asbestos industry has attempted to avoid liability through legal arguments based on technicalities and also by attempting to pass legislative solutions that would stop victims from seeking justice. However, it appears that a lot of victims and their attorneys are determined to see justice served.