Why You Should Focus On Improving Asbestos Lawsuit History

Asbestos Lawsuit History

Many asbestos victims have received help from lawyers such as Stanley Levy. People suffering from asbestos-related illnesses like mesothelioma can sue companies who mined or manufactured asbestos.

The first asbestos lawsuit was filed by Nellie Kershaw. She worked at a factory that spun asbestos fibers in England and developed health issues. She died at the age of 33 of fibrosis in the lung caused by asbestos exposure.

The First Cases

Asbestos, a dangerous mineral, has afflicted and killed thousands of people over the years. Asbestos claims can be filed for various reasons, but they generally involve people who were exposed to the substance at work. This includes workers who worked in factories that produced asbestos-related products, or on the construction site of buildings containing asbestos. It can also be those who were exposed to asbestos by using household products, such as talcum powder.

Those who were exposed to asbestos may develop a number of different diseases including mesothelioma, lung cancer, and other respiratory ailments. Many have received compensation for their injuries even though some these diseases can be fatal. This is due to the fact that most countries have laws that require companies who create dangerous substances to warn those who could be hurt by them.

The first asbestos lawsuit was filed in 1929, and was filed by a woman whose name was Anna Pirskowski. She was suffering from a variety of ailments, including shortness of breath and the thickening of the tissue around the fingers, which is called clubbing. She received a settlement amounting to $75,000 in what is believed to be a first class action lawsuit that involved asbestos.

Asbest lawsuits continued to be filed in the years that followed. Some of these cases were quite large, and a lot of attorneys began to specialize in asbestos litigation. They only accepted cases that were extremely serious. Kazan Law was one firm that specialized in this area in the latter part of the 80s.

Other lawsuits were won by individuals who been diagnosed with other asbestos-related diseases like asbestosis or plaques in the pleural cavity. The disease that caused them was similar to the mesothelioma, making it more straightforward to prove for lawyers. These claims led to the release of secret documents that revealed how asbestos manufacturers tried to hide their risks. In 1989 the Asbestos Ban & Phase Out Rule was enacted.

The Second Case

As the number of people suffering from asbestos-related diseases grew, patients and their families began filing lawsuits against companies that mined, made or sold asbestos-containing products. Additionally, mesothelioma patients made claims against companies that designed and constructed the structures where they worked, such as shipyards, power plants factories and refineries. The connection between asbestos exposure and mesothelioma growth is very strong.

In the early 1980s the legal litigation over asbestos lawsuits started to get more intense and the courts made rulings on a variety of aspects of the litigation procedure. For instance, a federal court ruled that only those suffering from a malignant asbestos-caused disease such as mesothelioma or lung cancer are able to bring a lawsuit against the manufacturers of the asbestos products they employed. This ruling, also known as Borel V. Fibreboard Paper Products Corp. was a major setback in asbestos litigation.

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 companies. Kershaw was diagnosed with lung problems due to her frequent contact with raw asbestos fibers, tried to get the firm she worked for to cover her treatment. The company, however, refused. Kershaw passed away at the age of 33 from fibrosis of her lungs.

The second wave of asbestos cases centered on workers 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 prevailed in cases against companies that made the equipment that utilized asbestos-containing materials, like pumps and boilers.

During this time, many documents pertaining to asbestos companies were discovered. These documents showed their involvement in fraud and conspiracies. The documents include the personal documents of Johns-Manville President Sumner Simpson and correspondence from the general attorney for another asbestos producer, Raybestos Manhattan. These documents revealed a shady alliance between these two companies to hide asbestos' dangers and deflect efforts to educate the public.

The discovery of these and other forms of corporate fraud and collusion in the mid- to late 1980s sparked a wave of class action settlements and other attempts to limit asbestos liability for asbestos-related companies. These attempts were met with fierce resistance from plaintiffs’ attorneys, their clients and the public.

The Third Cases

In the 1970s, asbestos firms had lost the ability to keep information about the devastating effects of mesothelioma and the other asbestos-related diseases from the public. This was due in large part to the fact that the connection between asbestos and diseases like asbestosis, mesothelioma and other respiratory ailments began receiving attention from major national publications instead of small medical journals or newsletters for industry. After the links between asbestos and serious illness were well established and patients began filing lawsuits against asbestos manufacturers.

One of the major push factors that led to more asbestos lawsuits in 1970s was a court ruling which allowed plaintiffs to apply the legal concept of strict liability. In the past, plaintiffs in asbestos cases had to prove that asbestos manufacturers were negligent in the way they caused their asbestos exposures. In the 1973 case of 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 warn their employees or the general public about its dangers.

In the wake of this ruling, a number of asbestos-related companies filed for bankruptcy, a procedure which allows a company to reorganize itself in bankruptcy court, put money aside in trusts to cover asbestos claims, and then continue to operate. Johns-Manville was a particularly notable example, as it was the subject of numerous lawsuits from former factory workers suffering from asbestosis, lung cancer, and mesothelioma. Kazan Law set several cases against the manufacturer and was able win punitive damage verdicts against the company.

Since the time asbestos litigation has continued grow as a result of the rising number of victims suffering from asbestos-related ailments. Asbestos cases can be complicated, as the illnesses that they cause can take a long time to manifest themselves and are not always immediately apparent to those who are diagnosed.

Additionally certain victims have been forced to wait for years to receive compensation from insurance companies after their employers were found accountable. The US Supreme Court has addressed several cases in which asbestos companies sought to limit their liability by offering settlements in class action. It also has considered whether individual defendants could be held liable for injuries caused by asbestos.

The Fourth Case

Asbestos, a mineral that is extremely dangerous, has sickened and killed hundreds of thousands over the many years. Asbestos was also widely used by companies who were aware of its dangers however they continued to employ it.

The legal system is able to handle these asbestos attorney lawsuits and asbestos lawsuits, there are always new developments. One of the most important legal developments is a case known as Lubbe v Cape Plc, which set a precedent that allows victims to sue multinational corporations in their home jurisdictions for compensation.

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

This type of situation is the basis of many lawsuits filed by relatives of victims in the present. Asbestos lawyers can aid families file a claim against the company that is responsible for their loved ones' asbestos-related injuries.

Another big advancement in asbestos litigation has been the increase in class action lawsuits. These asbestos lawsuits allow victims to pursue justice with the assistance of a lawyer who is well-versed in the legal issues that these cases raise.

While many asbestos attorneys (Home) have pushed for this type of lawsuit, there are certain people who do not support it. In actual fact there have been numerous attempts to pass legislation to limit the use of asbestos class actions.

The most recent significant advancement in asbestos lawyer litigation was the filing of a suit by Massachusetts residents against four companies over the way they dealt with asbestos abatement and disposal. The lawsuit claimed that the companies did not follow state laws in not properly disposing asbestos and exposing residents to toxic dust.

Asbestos litigation has been going on for decades and it's likely that it will continue to be well into the future. The asbestos industry has attempted to avoid liability through technical legal arguments and also by attempting to pass legislative remedies which would hinder victims from seeking justice. However, it seems that many victims and their attorneys are determined to see justice done.