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Asbestos Lawsuit History

Lawyers like 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.

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

The First Cases

Asbestos, a dangerous mineral, has infected and killed thousands of people throughout the years. Asbestos claims are filed for a variety reasons, but most often involve people who have been exposed to asbestos at work. This could include workers in factories that made asbestos-related items or those working on the construction of buildings containing asbestos and even those who were exposed to asbestos from household products that were contaminated, like talcum powder.

Exposure to asbestos can cause many different diseases, including mesothelioma, lung cancer, and other respiratory issues. Although some of these diseases are very serious and can be fatal, a lot of people have been able receive compensation for their injuries. This is largely because most countries have laws that require companies that create dangerous substances to warn those who could be injured by them.

The first asbestos lawsuit, filed in 1929, was filed by a woman with the name of Anna Pirskowski. She was suffering from a range of symptoms including breathlessness and thickening of the fingertip tissue, called clubbing. She was awarded an amount of $75,000 in settlement, which is believed to be the first class action lawsuit in relation to asbestos.

Asbest lawsuits continued to be filed in the years following. Asbestos litigation became a vast area of law and many lawyers started to specialize in asbestos litigation. They only accepted cases that were very important. One firm that was involved in this was Kazan Law, which in the late 1980s started to concentrate on the bringing of cases on behalf of people with mesothelioma.

Other lawsuits were won by individuals who suffered from other asbestos-related diseases like asbestosis or pleural plaques. This is due to the fact that the disease that caused these was very similar to mesothelioma, making it simpler for lawyers to prove. These claims also led to the revelation of secret documents that demonstrated the way asbestos producers attempted to conceal the dangers. In 1989 the Asbestos Ban & Phase Out Rule was enacted.

The Second Case

As the number diagnosed with asbestos-related diseases grew the number of victims and their families began filing lawsuits. These lawsuits were brought against companies who mined asbestos, made asbestos-containing products or sold asbestos-containing products. In addition, mesothelioma sufferers filed lawsuits against the companies that designed and constructed the buildings they worked in, such as shipyards, power plants, refineries and factories. The correlation between asbestos exposure and the development of mesothelioma is strong.

In the early 1980s, the legal battles over asbestos lawsuits became more ferocious, and courts began to rule on many aspects of the litigation process. For example a federal court ruled that only people suffering from a malignant asbestos-caused disease such as mesothelioma or lung cancer are eligible to file an action against the makers of asbestos-related products they used. This ruling, referred to as Borel V. Fibreboard Paper Products Corp. was a major setback for asbestos litigation.

At 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, an employee in a factory in Rochdale in England, was diagnosed with lung problems caused by her close exposure to asbestos fibers in raw form. Kershaw tried to convince her employer to pay for the treatment. The company was unable to pay. Kershaw passed away at the age of 33 from fibrosis of her lungs.

The second wave of asbestos cases focused on workers who worked in construction sites and were exposed types of asbestos-containing building products including fireproofing sprays textures and drywall products. Asbestos attorneys (https://articlescad.com/) also brought successful cases against companies that made equipment that utilized asbestos-containing material, such as boilers and pumps.

During this period, numerous documents incriminating asbestos companies were uncovered. These documents revealed their involvement in conspiracy and fraud. These included the personal records of Johns-Manville president Sumner Simpson, as well as correspondence from the general counsel of another asbestos manufacturer, Raybestos Manhattan. These documents revealed the scheme of these companies to conceal knowledge that asbestos was dangerous and to suppress efforts to inform the public of these 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 as well as other efforts to limit asbestos liability for asbestos-related companies. These attempts were met by fierce resistance from plaintiffs’ attorneys as well as their clients and the general public.

The Third Cases

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

One of the main push factors that led to more asbestos lawsuits in 1970s was a court ruling that allowed plaintiffs to use the legal concept of strict liability. In the past asbestos lawsuits, plaintiffs had to show 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 resulting from their products if they knew that their product was unsafe, but did not warn their employees or the general public about the dangers.

After the ruling, a number of asbestos producers were forced to file for bankruptcy. This procedure allows a business, while still in operation, to organize itself in bankruptcy court and place money in trusts to pay asbestos claimants. Johns-Manville was a particularly noteworthy case because it was hit with numerous lawsuits from former factory workers suffering from asbestosis, lung cancer and mesothelioma. Kazan Law brought several cases against the manufacturer and was able obtain punitive damages against it.

Since the time, asbestos litigation has continued increase due to the rising number of victims suffering from asbestos-related illnesses. Asbestos cases are often complex, as the illnesses they cause can take years to manifest themselves and aren't always evident to those who have been diagnosed.

Some victims have been waiting for years to receive compensation 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 lawyers companies offered in an attempt to limit their liability, and it has also pondered the issue of whether it is possible to hold individual defendants liable for injuries caused by asbestos.

The Fourth Case

Asbestos is an incredibly hazardous mineral that has sickened or killed hundreds of thousands of people over the decades. Asbestos was also used extensively by companies who knew it was a risk yet continued to use it.

As the legal system deals these 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 multinational companies in their home countries for compensation.

These cases often involve secondary exposure to asbestos. This happens when workers who work with asbestos on the job pass it to their spouses or children at home. The family members suffer from mesothelioma and other asbestos-related illnesses.

This type of case is the basis for many lawsuits filed by relatives of victims today. Asbestos attorneys can help families file a claim against the responsible parties for the asbestos injuries of their loved ones.

The rise of class action lawsuits is a significant development in asbestos litigation. These asbestos lawsuits permit victims to seek justice with the assistance of a lawyer who is familiar with the complex legal issues these cases raise.

While many asbestos attorneys have pushed for this type of lawsuit, there are some who oppose it. In actual fact there have been a number of attempts to pass legislation that would limit the use of class actions in asbestos cases.

The most recent major advancement 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 alleged that the companies violated the law of the state by not disposing of asbestos properly and failing to protect residents from toxic dust.

Asbestos litigation has been a long-running issue that will likely continue for a long time. The asbestos industry has attempted to shield itself from responsibility using legal arguments that are technical, and by trying to pass legislative solutions which would hinder victims from seeking justice. It seems that many victims, as well as their lawyers are determined to see justice served.