15 Amazing Facts About Asbestos Lawsuit History

Asbestos Lawsuit History

Lawyers like Stanley Levy have helped many asbestos victims. Patients suffering from asbestos-related diseases like mesothelioma can sue companies who mined asbestos, made or used asbestos.

Nellie Kershaw filed her first asbestos lawsuit. She suffered health issues while working in an asbestos fiber plant in England. She died at age 33 of fibrosis in the lungs 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 can be filed for many reasons, but they usually involve those who were exposed to asbestos at work. This includes workers at factories that made asbestos-related products, people who worked on the construction of structures with asbestos, or who were exposed to asbestos secondhand from contaminated household products like talcum powder.

Exposure to asbestos can lead to various diseases which include lung cancer, mesothelioma and other respiratory ailments. While some of these illnesses are extremely serious and could be fatal, many people have been able to obtain compensation for their injuries. Most countries have laws requiring companies that create dangerous substances warn anyone who may be injured.

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

In the years following there were a lot of asbestos lawsuits were filed. Some of the cases grew very large, and many attorneys began to specialize in asbestos litigation. They only accepted cases that were very important. Kazan Law was one firm that specialized in this area in the latter part of the 80s.

Other lawsuits were won by people who had been diagnosed with other asbestos-related diseases such as asbestosis or pleural plaques. This is due to the fact that the disease that caused these was very similar to mesothelioma and therefore simpler for lawyers to prove. These claims led to the disclosure of secret documents that showed how asbestos product manufacturers tried to hide their risks. In 1989 the Asbestos Ban & Phase Out Rule was issued.

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 asbestos attorneys-containing goods. In addition, mesothelioma sufferers made claims against companies who designed and constructed the structures where they worked like shipyards, power plants refineries and factories. The connection between asbestos exposure and mesothelioma growth is very strong.

In the early 1980s, the legal fights over asbestos lawsuits got more intense and the courts began to rule on a variety of aspects of case processes. For example, 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 used. This ruling, also known as Borel V. Fibreboard Paper Products Corp. was a major setback for asbestos litigation.

At the same time, Nellie Kershaw from Rochdale in England filed what is now regarded as the first known lawsuit against asbestos-related companies. Kershaw was an employee in a factory in Rochdale, England, was diagnosed with lung problems caused by her close exposure to raw asbestos lawyer fibers. Kershaw tried to convince her employer to cover the cost of treatment. The company was unable to pay. Kershaw died in her 30s from fibrosis.

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

During this time, many documents that implicated asbestos companies were uncovered. These documents proved their involvement in conspiracy and fraud. The documents include the personal files of Johns-Manville President Sumner Simpson and correspondence from the general attorney of another asbestos producer, Raybestos Manhattan. These documents revealed the scheme of these companies to cover up the fact that asbestos was dangerous and to thwart 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 discovered, a wave class action settlements was launched and other efforts were made to reduce asbestos liability by asbestos companies. These efforts were met with fierce opposition from plaintiffs' lawyers and their clients, as as the general public in general.

The Third Cases

By the 1970s, asbestos companies had lost the ability to conceal information about the devastating effects of mesothelioma and other asbestos-related diseases from the public. This was largely due to the fact that the link between asbestos and ailments like mesothelioma, asbestosis, and other respiratory problems started getting attention from major national publications instead of just small industry newsletters or medical journals. When the links between asbestos and serious illnesses were well-established and the victims began filing lawsuits against asbestos-related companies.

One of the main driving factors that led to an increase in asbestos lawsuits in the 1970s was a court decision that allowed plaintiffs to utilize the legal theory of strict liability. Plaintiffs in asbestos lawsuits used to be required to prove that asbestos manufacturers were negligent in exposing them to. However, in the 1973 case of Borel v. Fibreboard, a judge decided that asbestos manufacturers were responsible for any injuries their products caused in the event that the company knew their product was unsafe and did not warn its employees or the general public about its dangers.

In the wake of this ruling, a number of asbestos manufacturers were forced to file for bankruptcy, a process which allows a company to be reorganized in bankruptcy court, and put money in trusts to cover asbestos claims and still operate. Johns-Manville is an example. It was the victim of numerous lawsuits filed by former factory workers who suffered from asbestosis, mesothelioma and lung cancer. Kazan Law set several cases against the manufacturer and was able to obtain punitive damages verdicts against the company.

Since the time asbestos litigation has continued to grow as a result of the growing number of people suffering from asbestos-related diseases. Asbestos lawsuits are often complicated because the diseases they cause can take years to manifest and are not always immediately apparent to those who are diagnosed.

Some victims have been waiting for years to receive reimbursement from insurance companies, even after their employers were found liable. The US Supreme Court has addressed a number of cases where asbestos companies sought to limit their liability by offering settlements for class actions. It also has addressed the question of whether individual defendants could be held liable for injuries resulting from asbestos.

The Fourth Cases

Asbestos is an incredibly dangerous mineral, which has caused the death or sickness of hundreds of thousands of people over the years. It's also a material that was used extensively by companies that knew that it was dangerous but continued to use it in their manufacturing processes.

As the legal system handles asbestos lawsuits and asbestos lawsuits, new developments take place all the time. One of the most significant 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.

Most of the time, these cases involve secondary exposure to asbestos. This is when those who handle asbestos on the job pass it to their spouses or children at home. The family members suffer from mesothelioma, or other asbestos-related illnesses.

Many lawsuits are filed by the families of victims based on this kind of case. asbestos lawyers (go to Livejournal) can help families file a claim against the company responsible for their loved ones' asbestos injuries.

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

While a lot of asbestos lawyers have pushed for this kind of litigation, there are those who are against it. There have been several initiatives to pass legislation that limit the use of class actions in asbestos lawsuits.

The latest major change in asbestos litigation is the filing of a lawsuit by Massachusetts residents against 4 companies for how they handled asbestos removal and disposal. The lawsuit claimed that the companies in violation of state law by not disposing asbestos attorneys properly and failing to protect residents from toxic dust.

Asbestos litigation has been a long-running issue that is likely to continue for a long time. The asbestos industry has attempted to shield itself from responsibility using technical legal arguments and by trying to pass legislative remedies that would stop victims from seeking justice. But, it appears that many victims and attorneys are determined to see justice served.