Asbestos Lawsuit History

Lawyers such as Stanley Levy have helped many asbestos cancer lawsuit mesothelioma settlement victims. People suffering from asbestos poisoning lawsuit-related illnesses such as mesothelioma can sue companies that mined or manufactured asbestos.

Nellie Kershaw was the first to file an asbestos lawsuit. She suffered health issues while working in an asbestos fiber factory in England. She died at age 33 of fibrosis in the lung due to asbestos exposure.

The First Cases

Asbestos, a hazardous mineral, has afflicted and killed thousands of people throughout the years. Asbestos claims can be filed for many reasons, but they typically involve those who were exposed to asbestos at work. This includes employees who worked in factories that produced asbestos-related products or at the construction site of buildings with asbestos. It could also include those who were exposed to asbestos through household products such as talcum powder.

People who were exposed to asbestos can be afflicted with a variety of illnesses like mesothelioma, lung cancer and other respiratory diseases. Although some of these diseases are extremely serious and could be fatal, many people have been able receive compensation for their injuries. Most countries have laws requiring companies that produce dangerous substances to warn anyone who may be injured.

The first asbestos lawsuit that was filed in 1929 was filed by a woman with the name of Anna Pirskowski. She suffered from shortness of breathe and thickening of the tissue around the fingertip (known as 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 throughout the years that followed. Some of the cases grew very large, and many attorneys began to specialise in asbestos litigation. They only accepted cases that were extremely important. Kazan Law was one firm that specialized in this area in the latter part of the 80s.

Other lawsuits have been won by individuals who suffered from asbestos-related illnesses, such as asbestosis and plaques in the pleural cavity. The disease that caused them was very similar to the mesothelioma, and therefore simpler to prove for lawyers. These claims led to the release of secret documents which showed how asbestos manufacturers tried to hide the risks they carry. 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 number of victims and their families began to file lawsuits. These lawsuits were filed against businesses that mined asbestos, produced asbestos-containing products or sold asbestos-containing products. Mesothelioma sufferers also filed claims against companies that designed and constructed the buildings where they worked such as power plants, shipyards and refineries. The connection between asbestos exposure and mesothelioma's development is strong.

In the early 1980s the legal fights over asbestos trust fund payouts lawsuits got more ferocious and courts began to rule on various aspects of the litigation process. A federal court, for instance decided that only those suffering from malignant asbestos-caused diseases like mesothelioma and lung cancer were eligible to bring a lawsuit against the makers of asbestos products. This ruling, also referred to as Borel V. Fibreboard Paper Products Corp. was an important setback in asbestos litigation.

At the same time, Nellie Kershaw, a factory worker from Rochdale, England, filed what is believed to be the first legal claim that is well-known against asbestos companies. Kershaw, who had been diagnosed with lung ailments due to her close contact with raw asbestos fibers, tried to get the firm she worked for to pay for her treatments. The company refused. Kershaw died at the age of 33 from fibrosis of her lungs.

The second phase of asbestos lawsuits focused on people who had been exposed to different types of asbestos-containing building products like fireproofing sprays and drywall products. Asbestos lawyers also filed successful cases against companies who manufactured equipment that used asbestos lawsuit attorneys-containing materials, like pumps and boilers.

During this period, a variety of documents that were incriminating were found that proved asbestos companies were involved in fraud and conspiracy. The documents included the personal documents 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 conceal knowledge that asbestos was dangerous and to deflect efforts to inform the public of asbestos' dangers.

The discovery of these and other forms of corporate fraud and collusion in the early to mid-1980s caused a surge of class action settlements and other attempts at limiting asbestos liability for asbestos companies. These attempts were met with massive opposition from plaintiffs' attorneys as well as their clients and the general public.

The Third Case

By the 1970s asbestos companies could no longer cover up the dangers of asbestos-related diseases like mesothelioma from the general public. This was due in large part to the fact that major national publications began paying attention to the connection between mesothelioma, asbestos, and other respiratory diseases, instead of small industry medical journals and newsletters. When the links between asbestos and serious illness were well established and patients began making lawsuits asbestos against asbestos producers.

In the 1970s, a court decision that allowed plaintiffs the recourse to strict liability as a legal theory was among the major factors that led to an increase in asbestos lawsuits. Plaintiffs in asbestos cases used to need to prove that asbestos producers were negligent in exposing them. However in the 1973 case of Borel v. Fibreboard, a judge ruled that asbestos manufacturers were liable for any injuries they caused in the event that the company knew their product was unsafe and did not inform its employees or the general public about its dangers.

After this ruling, many asbestos producers have filed for bankruptcy. This procedure allows a business, while still in operation, Asbestos Lawsuit History to reorganize its affairs in bankruptcy court and put money in trusts to pay asbestos claimants. Johns-Manville was an especially notable example, as it was hit with numerous lawsuits brought by former factory workers suffering from asbestosis, lung cancer and mesothelioma. Kazan Law brought several cases against the manufacturer, and was able to obtain punitive damages against it.

Since the time asbestos litigation has continued grow as a result of the increasing number of victims suffering from asbestos-related diseases. Asbestos litigation is often complex because the diseases caused by asbestos can take years to manifest and are not always obvious to those who have been diagnosed.

Some victims have also been waiting for years to receive settlements from insurance companies, even after their employers were found to be responsible. The US Supreme Court has dealt with a variety of 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 individual defendants liable for injuries caused by asbestos.

The Fourth Case

Asbestos, a mineral that is extremely hazardous, has sickened and killed hundreds of thousands over the many years. It's also a material that was used extensively by companies that knew it was deadly, and yet they continued to employ it in their manufacturing processes.

As the legal system tackles these asbestos lawsuits and asbestos lawsuits, new developments take place every day. One of the most significant 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 to recover compensation.

Often, these cases involve secondary exposure to asbestos. Workers who handle asbestos at work can transfer it to their family members or spouses. The family members then suffer from mesothelioma or other asbestos-related illnesses.

Many lawsuits are filed by the families of victims based on this kind of situation. Asbestos lawyers can assist families file a claim against the company that is responsible for their loved ones' asbestos-related injuries.

The emergence of class-action lawsuits is a significant development in asbestos litigation. These asbestos lawsuits permit victims to pursue justice with the help of a lawyer experienced in the complicated legal issues that these cases bring.

While asbestos lawyers have pushed for this kind of litigation, there are some who oppose it. In fact there have been numerous attempts to pass legislation to limit the use of class actions in asbestos cases.

The most recent major change in asbestos litigation is the filing an action by Massachusetts residents against four companies for handling asbestos removal and disposal. The lawsuit alleged the companies in violation of state law by not disposing asbestos properly and exposing residents to the harmful 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 tried to shield itself from responsibility by bringing up technical legal arguments and attempting to get legislative remedies passed which would stop victims from seeking justice. But, it appears that many victims and attorneys are determined to see justice done.