Asbestos Lawsuit History

Lawyers such as Stanley Levy have helped many asbestos victims. People with mesothelioma and other asbestos-related diseases can sue companies that mined, manufactured or used asbestos or asbestos-containing products.

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

The First Cases

Asbestos is a dangerous mineral that has afflicted or killed thousands of people over the course of time. Asbestos claims are filed for many reasons, but most often involve those who were exposed to asbestos at work. This includes workers who worked in factories that produced asbestos-related products, or on the construction sites of buildings containing asbestos. It could also include those who were exposed to asbestos by using household products, such as talcum powder.

Exposure to asbestos can trigger a variety of diseases, including lung cancer, mesothelioma and other respiratory ailments. While some of these illnesses are very serious and can be fatal, a lot of people have been able to obtain compensation for their injuries. This is largely because most countries have laws that require companies who create dangerous substances to inform those who may be injured by them.

The first asbestos lawsuit, filed in 1929, involved a woman by the name of Anna Pirskowski. She was suffering from a number of symptoms including breathlessness and thickening of the fingertip tissue, which is known as 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 following. Asbestos litigation grew into a broad area of law and many lawyers began to specialize in asbestos litigation. They only took on cases that were very important. One company that took on this was Kazan Law, which in the late 1980s began to concentrate on the bringing of cases on behalf of people with mesothelioma.

Other lawsuits were won by individuals who 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 similar to mesothelioma, making it simpler for lawyers to prove. These claims also led to the disclosure of secret documents that showed how Long does a asbestos lawsuit take asbestos-related manufacturers tried to conceal the risks. This led to the Asbestos Ban and Phase Out Rule being enacted in 1989.

The Second Case

As the number diagnosed with asbestos-related diseases grew the families and victims began bringing lawsuits. These lawsuits were filed against companies who mined asbestos, made asbestos-containing products or sold products containing asbestos. In addition, mesothelioma sufferers made claims against companies that designed and constructed the structures where they worked, such as shipyards, power plants refineries and factories. The link between asbestos exposure and mesothelioma growth is solid.

In the early 1980s, the legal dispute over asbestos lawsuits began to get more intense and the courts ruled on many aspects of the litigation process. A federal court, for instance determined that only people suffering from malignant asbestos-caused diseases like mesothelioma or lung cancer were able to sue the manufacturers of asbestos products. This ruling, also known as Borel V. Fibreboard Paper Products Corp. was a major setback in asbestos litigation.

The same time, Nellie Kershaw from Rochdale in England filed what is regarded as the first well-known lawsuit filed against asbestos companies. Kershaw, factory worker from Rochdale, England, was diagnosed with lung issues caused by her close exposure to asbestos fibers in raw form. She tried to get her employer to pay for the treatment. But, the company was unable to agree. Kershaw passed away in her 30s from fibrosis.

The second round of asbestos cases centered on workers who worked in construction sites and were exposed to different kinds of asbestos-containing building materials, how long does a asbestos lawsuit take including fireproofing sprays, textures and drywall products. Asbestos lawyers also won cases against companies that made the equipment that utilized asbestos-containing materials, like pumps and boilers.

During this time, a variety of documents pertaining to asbestos companies were discovered. 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 revealed the plot of these companies to cover up the fact that asbestos was hazardous and to thwart efforts to inform the public of asbestos' dangers.

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 efforts to limit asbestos lawsuit payouts liability for asbestos companies. These efforts were met with fierce resistance from plaintiffs' attorneys and their clients, as as the general public at large.

The Third Case

In the 1970s, asbestos companies could no longer cover up the dangers of asbestos-related illnesses like mesothelioma from the general public. This was largely due to the fact that the link between asbestos and illnesses such as mesothelioma, asbestosis and other respiratory ailments began getting attention from major national publications instead of just small medical journals or industry newsletters. When the link between asbestos and serious diseases was well established, victims began filing lawsuits against asbestos producers.

One of the major push factors that led to more asbestos lawsuits in 1970s was a ruling by the courts that allowed plaintiffs to use the legal theory of strict liability. Plaintiffs in asbestos lawsuits used to need to prove that asbestos producers were negligent for exposing them. In the 1973 case Borel v. Fibreboard a judge ruled asbestos lawsuit settlement amounts manufacturers accountable 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 its dangers.

In the wake of this ruling, a number of asbestos producers filed for bankruptcy, a process that allows a business to reorganize itself in bankruptcy court, put money in trusts to cover asbestos claims, and continue to be in operation. Johns-Manville was a particularly notable example, as it was hit with numerous lawsuits brought by former workers who suffered from asbestosis, lung cancer and mesothelioma. Kazan Law brought several cases against the manufacturer, and was able to obtain the company punitive damages in a number of cases.

Since the time, asbestos litigation has continued to grow due to the increasing number of victims suffering from asbestos-related ailments. Asbestos litigation is often complex because the illnesses caused by asbestos can take years to manifest and aren't always apparent to those diagnosed.

Additionally 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 dealt with a variety of cases involving class action settlements that asbestos companies offered in an attempt to limit their liability, and it has also pondered the issue of whether it is possible to hold individuals responsible for injuries caused by asbestos.

The Fourth Case

Asbestos, a substance that is extremely dangerous, has sickened and killed hundreds of thousands over the many years. It's also a material that was widely used by companies who knew it was dangerous and they continued to make use of it in their manufacturing processes.

As the legal system handles asbestos lawsuits with a constant stream of new developments. One of the most important legal developments is the decision Lubbe v. Cape Plc. This set an example for asbestos victims to sue multi-national companies in their home countries for compensation.

These cases typically involve secondary asbestos exposure. This happens when workers who handle asbestos on the job pass it to their spouses or children at home. The family members are affected by mesothelioma as well as other asbestos-related diseases.

This kind of case is the basis for a variety of lawsuits filed by relatives of victims in the present. Asbestos attorneys can help families file a claim against the companies that caused the asbestos-related injuries suffered by their loved family members.

The rise of class action lawsuits is a major change in asbestos litigation. These asbestos lawsuits offer victims the opportunity to seek justice with the help of an attorney well-versed in the complicated legal issues that these cases raise.

Certain asbestos lawyers are against this type of litigation. In actual fact, there have been several attempts to pass legislation restricting the use of class actions in asbestos lawsuit settlement amounts cases.

The latest major change in asbestos litigation is the filing an action by Massachusetts residents against four companies over their handling of asbestos removal and disposal. The lawsuit claimed that the firms violated state laws by not disposing asbestos properly and failing to protect residents from the harmful dust.

Asbestos litigation has been ongoing for a long time, and it's likely that it will continue to do so for a long time to come. The asbestos industry has tried to shield itself from responsibility by using legal arguments based on technicalities and by attempting to pass legislative remedies which would stop victims from seeking justice. It appears that a lot of victims, as well as their lawyers are determined to get justice done.