10 Inspiring Images About Asbestos Lawsuit History

Asbestos Lawsuit History

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

Nellie Kershaw filed the first asbestos lawsuit. She suffered health issues while working in an asbestos fiber plant in England. She died at the age of 33 of fibrosis in the lung caused by asbestos exposure.

The First Cases

Asbestos, a hazardous mineral, has sickened and killed thousands of people over the years. Asbestos claims can be filed for many reasons, but they generally involve people who were exposed to the substance at work. This includes workers at factories that made asbestos-related items, people who worked on the construction of structures containing asbestos and even those who were exposed to asbestos secondhand from contaminated household products such as talcum powder.

Exposure to asbestos can lead to many different diseases, including mesothelioma, lung cancer and other respiratory problems. Many have received compensation for their injuries, even though some of these diseases can be fatal. This is because many countries have laws that require companies who create dangerous substances to inform those who may be hurt by them.

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

Asbest lawsuits continued to be filed in the years following. Asbestos litigation became a very large area of law, and many lawyers began to specialize in asbestos litigation. They only took on cases that were very serious. One company that took on this was Kazan Law, which in the late 1980s began to focus on taking on cases for people with mesothelioma.

Other lawsuits have been won by people who suffered from asbestos-related diseases like asbestosis and plaques in the pleural region. This is due to the fact that the disease that caused these was very like mesothelioma making it more straightforward for lawyers to prove. These claims led to the disclosure of secret documents that revealed how asbestos product manufacturers tried to hide the risks they carry. 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 disease increased, victims and families began filing lawsuits. These lawsuits were filed against companies that mined asbestos, manufactured asbestos-containing products or sold asbestos-containing products. Mesothelioma sufferers also filed claims against companies who designed and constructed the buildings where they worked including shipyards, power plants, and refineries. The link between mesothelioma and asbestos exposure is strong.

In the early 1980s the legal litigation over asbestos lawsuits grew more ferocious, and courts began to rule on various aspects of case processes. For instance a federal court decided that only people suffering from a malignant asbestos-caused disease like mesothelioma or lung cancer are able to bring an action against the makers of asbestos-related products they used. This ruling, also referred to as Borel V. Fibreboard Paper Products Corp. was an important setback in asbestos litigation.

Around the same time, Nellie Kershaw from Rochdale in England was the first to file what is now seen as the first known lawsuit against asbestos-related companies. Kershaw, who had been diagnosed with lung problems due to her frequent contact with asbestos fibers, tried to convince the company she worked for to cover her treatment. However, the company refused. Kershaw passed away in her 30s from fibrosis.

The second phase of asbestos lawsuits focused on those who were exposed to various types asbestos-containing building products, like fireproofing sprays and drywall products. Asbestos lawyers also filed successful cases against companies that manufactured equipment that used asbestos-containing material, such as boilers and pumps.

During this time, numerous incriminating documents were uncovered that proved asbestos companies have been involved in conspiracy and fraud. The documents included personal files of Johns-Manville President Sumner Simpson and correspondence from the general attorney for another asbestos producer, Raybestos Manhattan. These documents revealed a conspiracy between these companies to hide asbestos' dangers and suppress efforts to warn the public.

In the early to mid-1980s, when these and other forms of corporate fraud and conspiracy were exposed, a wave class action settlements was launched and other attempts were made to limit asbestos liability by asbestos companies. These attempts were met with fierce resistance from plaintiffs’ attorneys, their clients and the public.

The Third Case

By the 1970s, asbestos firms had lost the ability to conceal information about the deadly effects of mesothelioma as well as other asbestos-related diseases from the public. This was due in large part to the fact that major national journals began paying attention to the connection between asbestos, mesothelioma and other respiratory illnesses, as opposed to small industry medical journals and newsletters. When asbestos-related serious illness were well established and the victims began filing lawsuits against asbestos manufacturers.

One of the primary push factors that led to more asbestos lawsuits in 1970s was a court ruling that allowed plaintiffs to utilize the legal theory of strict liability. In the past, plaintiffs in asbestos cases had to prove that asbestos manufacturers were negligent in the way they caused their exposure to asbestos. However, in the 1973 case of Borel v. Fibreboard, a judge decided that asbestos manufacturers were accountable for any injuries they caused when the company knew their product was dangerous and did not warn its employees or the public about the dangers.

In the wake of this ruling, a number of asbestos manufacturers filed for bankruptcy, a process that allows businesses to reorganize itself in bankruptcy court, set funds aside in trusts to cover asbestos claims, and continue to be in operation. Johns-Manville is a notable case, since it was hit with numerous lawsuits brought by former workers who suffered from asbestosis, lung cancer and mesothelioma. Kazan Law set several cases against the manufacturer, and was able to obtain punitive damages verdicts against the company.

Asbestos litigation has increased since then due to the rising number of asbestos-related illnesses. Asbestos litigation is often complicated because the illnesses caused by asbestos can take a long time to manifest and aren't always apparent to those who are diagnosed.

Some victims have had to wait years for reimbursement from insurance companies even after their employers were found liable. The US Supreme Court has dealt with numerous cases involving class action settlements 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 asbestos-related injury.

The Fourth Case

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

The legal system is able to handle asbestos lawsuits with a constant stream of new developments. One of the most significant legal developments is a ruling called Lubbe v. Cape Plc, which set the precedent for victims to sue multinational corporations in their home jurisdictions to recover compensation.

In most cases, these situations are accompanied by secondary exposure to asbestos. This occurs when employees who handle asbestos while on the job transfer it to their spouses or children living at home. Family members suffer from mesothelioma and other asbestos-related diseases.

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

The rise of class-action lawsuits is a significant development in asbestos litigation. These asbestos lawsuits provide victims the chance to pursue justice with the help of an attorney who is well-versed in the legal issues that these cases raise.

Certain asbestos lawyers are opposed to this type of litigation. In fact there have been a number of attempts to pass legislation to limit the use of class actions in asbestos cases.

Milwaukee asbestos lawyers  in asbestos litigation was the filing of a lawsuit filed 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 by not disposing asbestos properly and exposing residents to the harmful dust.

Asbestos litigation is a long-running issue that is likely to continue for a long time. The asbestos industry has tried to avoid responsibility by using legal arguments based on technicalities and attempting to get legislative remedies passed that would block victims from seeking justice. It appears that many victims, and their lawyers are determined to see justice served.