10 Misconceptions Your Boss Shares Regarding Asbestos Lawsuit History

Asbestos Lawsuit History

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

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

The First Cases

Asbestos, a hazardous mineral, has afflicted and killed thousands over the years. Asbestos claims are filed for many reasons, but the majority involve those who have been exposed to asbestos while at work. This includes workers who worked in factories that made asbestos-related products or at the construction site of buildings containing asbestos. It can also be people who were exposed asbestos through household products such as talcum powder.

People who were exposed to asbestos could be afflicted with a variety of diseases including mesothelioma, lung cancer and other respiratory ailments. While some of these ailments are extremely serious and could be fatal, a lot of people have been able receive compensation for their injuries. This is because many countries have laws that require companies that produce dangerous substances to warn those who could be hurt by them.

The first asbestos lawsuit, filed in 1929, was filed by a woman with the name of Anna Pirskowski. She was suffering from a variety of ailments, including shortness of breath and the thickening of the fingertip tissue which is called 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 following. Asbestos litigation grew into a vast area of law and many lawyers began to specialize in asbestos litigation. They only would take on cases that were very important. Kazan Law was one firm that was focusing on this in the late 80s.

Other lawsuits were won by people who suffered from other asbestos-related illnesses such as asbestosis or plaques in the pleural cavity. This is because the disease that caused these was very similar to mesothelioma, making it simpler for lawyers to prove. These claims also led to the revelation of secret documents that showed how manufacturers of asbestos products tried to conceal the risks. This led to the Asbestos Ban and Phase Out Rule being issued in 1989.

The Second Cases

As the number of people diagnosed with asbestos-related diseases increased, victims and their families began bringing lawsuits against companies that mined, made or sold asbestos-containing products. Additionally, mesothelioma patients made claims against companies who designed and constructed the structures where they worked, such as power plants, shipyards, factories and refineries. The correlation between asbestos exposure and mesothelioma's development is strong.

In the early 1980s the legal dispute over asbestos lawsuits began to escalate and the courts made decisions on various aspects of the case procedure. A federal court, for example determined that only people suffering from asbestos lawyer-related malignancies like mesothelioma or lung cancer were eligible to sue the manufacturers of asbestos products. 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 legal claim that is well-known against asbestos-related companies. Kershaw, a factory worker from Rochdale, England, was diagnosed with lung issues caused by her frequent exposure to asbestos fibers in raw form. Kershaw tried to convince her employer to pay for the treatment. The company refused. Kershaw passed away in her 30s from fibrosis.

The second wave of asbestos cases focused on those who worked in construction sites and were exposed to different types of asbestos-containing building materials such as fireproofing sprays, drywall materials and textures. Asbestos lawyers also won cases against companies that manufactured the equipment that used asbestos-containing products, such as pumps and boilers.

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

The discovery of these and other types of corporate fraud and conspiracy in the mid- to late 1980s caused a surge of class action settlements as well as other efforts to limit asbestos liability for asbestos-related companies. These efforts were met with strong opposition from plaintiffs' attorneys as well as their clients and the general public.

The Third Case

By the 1970s, asbestos firms had lost the ability to conceal information about the devastating effects of mesothelioma and other asbestos-related illnesses from the public. This was due in large part to the fact that the link between asbestos and ailments like mesothelioma, asbestosis, and other respiratory ailments began getting attention from major national publications instead of just small industry newsletters or medical journals. Once the connection between asbestos and serious illness was well-established, victims began making lawsuits against asbestos producers.

One of the main factors that pushed an increase in asbestos lawsuits in the 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 to. In the 1973 case Borel v. Fibreboard a judge ruled asbestos producers liable for any injuries that resulted from their products if they knew their product was unsafe, but did not inform their employees or the general public about the dangers.

Following this ruling, a lot of Asbestos attorney producers were forced to file for bankruptcy. This process allows a business, while still in operation, to reorganize its affairs in bankruptcy court and put money in trusts to pay asbestos claimants. Johns-Manville is an example. It was the victim of numerous 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 win the company punitive damages in a number of cases.

Since then, asbestos litigation has continued grow as a result of the rising number of victims suffering from asbestos-related diseases. Asbestos litigation is often complicated because the diseases caused by asbestos can take years to manifest and are not always obvious 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 dealt with numerous cases involving settlements for class actions that asbestos companies offered as a way to limit their liability, and it has also pondered the question of whether or not it is possible to hold defendants accountable for asbestos-related injuries.

The Fourth Case

Asbestos is an incredibly dangerous mineral that has caused the death or sickness of hundreds of thousands of people over the many years. Asbestos was also extensively used by companies who knew it was a risk however they continued to make use of it.

As the legal system deals asbestos lawsuits and asbestos lawsuits, there are always new developments. One of the most significant legal developments is a decision known as Lubbe v. Cape Plc, which set a precedent that allows victims to sue multinational corporations in their home jurisdictions to recover compensation.

These cases often result in secondary exposure to asbestos. This is when those who handle asbestos on the job transfer it to their spouses or children at home. Family members are affected by mesothelioma as well as other asbestos-related diseases.

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

The rise of class-action lawsuits is a major change in asbestos litigation. These asbestos lawsuits allow victims to seek justice with the aid of a lawyer experienced in the complicated legal issues these cases raise.

While many asbestos attorneys have advocated for this type of litigation, there are also some who oppose it. In fact there have been a number of attempts to pass legislation to limit the use of asbestos class actions.

The latest major change in asbestos litigation is the filing an action by Massachusetts residents against 4 companies over their handling of asbestos removal and disposal. The lawsuit claimed that the companies did not follow state laws by not properly disposing of asbestos and failing residents from toxic dust.

Asbestos litigation is a long-running issue that will likely continue for a number of decades to come. The asbestos industry has tried to avoid responsibility through technical legal arguments, and by trying to pass legislative remedies which would hinder victims from seeking justice. It appears that a lot of victims, as well as their lawyers are determined to see justice served.