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Asbestos Lawsuit History

Lawyers like Stanley Levy have helped many asbestos victims. People suffering from asbestos-related illnesses like mesothelioma can sue companies that mined, manufactured or used asbestos.

Nellie Kershaw filed her first asbestos lawsuit. She worked at a factory that spun asbestos fibers in England and developed health issues. She died at 33 due to fibrosis in her lungs, which was caused by exposure to asbestos.

The First Cases

Asbestos, a dangerous mineral, has sickened and killed thousands throughout the years. Asbestos claims are filed for many reasons, but the majority involve those who have been exposed to asbestos in their work. This includes workers who worked in factories that manufactured asbestos-related products, or on the construction site of buildings that contain asbestos. It can also include people who were exposed asbestos through household products like talcum powder.

Exposure to asbestos can cause a variety of illnesses, including mesothelioma, lung cancer, and other respiratory issues. Many people have been compensated for their injuries even though some these diseases can be fatal. This is largely because most countries have laws that require companies who produce dangerous substances to warn people who might be injured by them.

The first asbestos lawsuit, filed in 1929, included a woman by the name of Anna Pirskowski. She was suffering from a number of ailments, including breathlessness and thickening of the fingertip tissue also known as clubbing. She received a settlement worth $75,000 in what is believed to be a first-ever class action lawsuit involving asbestos.

In the years following there were a lot of asbestos lawsuits were filed. Some of the cases grew extremely large, and a number of attorneys started to specialize in asbestos litigation. They only took on cases that were extremely important. Kazan Law was one firm that was focusing on this in the late 80s.

Other lawsuits have been won by individuals who suffered from asbestos-related illnesses like asbestosis and plaques in the pleural cavity. The disease that caused them was very like mesothelioma which makes it simpler to prove for lawyers. These claims also led to the revelation of secret documents that revealed how manufacturers of asbestos products tried to conceal the risks. This led to the Asbestos Ban and Phase Out Rule being issued in 1989.

The Second Case

As the number of people suffering from asbestos-related diseases grew, patients and their families began bringing lawsuits against companies that mined, made or sold asbestos-containing products. Mesothelioma victims also filed claims against companies that designed and constructed the structures that they worked in including power plants, shipyards and refineries. The link between mesothelioma and asbestos exposure 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 case process. For example, a federal court ruled that only those suffering from a malignant asbestos-caused disease like mesothelioma or lung cancer are eligible to bring an action against the makers of asbestos-related products they employed. This ruling, also known as Borel V. Fibreboard Paper Products Corp. was a major setback in asbestos litigation.

Around the same time, Nellie Kershaw, a factory worker from Rochdale, England, filed what is believed to be the first well-known legal claim against asbestos-related companies. Kershaw, who had been diagnosed with lung ailments due to her frequent contact with raw asbestos fibers, attempted to get the firm she worked for to cover her treatment. However, the company refused. Kershaw passed away in her 30s from fibrosis.

The second round of asbestos cases centered on those who worked in construction sites and were exposed to various types of asbestos-containing building products including fireproofing sprays drywall materials and textures. Asbestos lawyers also prevailed in cases against companies that made the equipment that made use of asbestos-containing materials, such as pumps and boilers.

During this period, a variety of incriminating documents were discovered that proved asbestos companies were involved in a scheme of fraud and. The documents included the personal files of Johns-Manville president Sumner Simpson, as well as correspondence from the general counsel for another asbestos manufacturer, Raybestos Manhattan. These documents revealed a plot between these companies to hide the dangers of asbestos and to thwart efforts to warn the public.

In the early to mid-1980s in the 1980s, when these and other forms corporate fraud and conspiracy were discovered in the 1980s, a wave of class action settlements was launched, along with other efforts were made to limit asbestos liability by asbestos companies. These attempts were met with strong opposition from plaintiffs' lawyers and their clients, as as from the public at large.

The Third Case

In the 1970s, asbestos-related companies were no longer able cover up the dangers of asbestos-related diseases such as mesothelioma from the public. This was due in large part to the fact that major national publications began to pay attention to the link between mesothelioma, asbestos, and other respiratory diseases, rather than small industry medical journals and newsletters. After the links between asbestos and serious illnesses were established and patients began filing lawsuits against asbestos attorney-related companies.

In the 1970s, a court ruling which allowed plaintiffs to make recourse to strict liability as a legal concept was among the major reasons for an increase in asbestos lawsuits. Previously asbestos lawsuits, plaintiffs required proof that asbestos manufacturers were negligent in causing their exposure to asbestos. However, in the 1973 case of Borel v. Fibreboard, a judge ruled that asbestos manufacturers were liable for any injuries their products caused when the company knew their product was dangerous and did not inform its employees or the general public about the dangers.

Following this ruling, a lot of asbestos producers filed for bankruptcy. This procedure allows a company, even if still in operation, to reorganize itself in bankruptcy court and put money into trusts to pay asbestos claimants. Johns-Manville is an example. It was a victim of numerous lawsuits filed by former factory employees who were suffering from asbestosis, mesothelioma and lung cancer. Kazan Law brought several cases against the manufacturer, and was able to win punitive damages verdicts against it.

Since then, asbestos litigation has continued increase due to the growing number of people suffering from asbestos-related diseases. Asbestos lawsuits are often complicated, as the illnesses they cause can take years to manifest and are not always immediately obvious to those diagnosed.

In addition there have been cases where victims were forced to wait for years to receive compensation from insurance companies after their employers were found to be responsible. The US Supreme Court has addressed various cases where asbestos companies attempted to limit their liability by offering settlements for class actions. The court has also considered whether individual defendants can be held liable for injuries caused by asbestos.

The Fourth Case

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

As the legal system deals with these asbestos lawsuits and asbestos lawsuits, new developments take place constantly. One of the most significant legal developments is a ruling called Lubbe v. Cape Plc, which set an example that allows asbestos Attorney (Blogfreely.net) victims to sue multinational companies in their home jurisdictions for compensation.

Often, these cases involve secondary exposure to asbestos. This happens when workers who work with asbestos while on the job transfer it to their spouses or children living at home. The family members then suffer from mesothelioma, or other asbestos-related diseases.

This type of situation is the basis of many lawsuits brought by the families of victims today. 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 major change in asbestos litigation. These asbestos lawsuits give victims the chance to seek justice through the assistance of an attorney who is well-versed in the legal issues that these cases raise.

While many asbestos attorneys have pushed for this type 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 was the filing of a suit by Massachusetts residents against four companies regarding how they handled asbestos removal and disposal. The lawsuit alleged the companies did not follow state laws in not properly disposing asbestos and failing residents from the harmful dust.

Asbestos litigation has been going on for decades and it's likely that it will continue to be throughout the years to come. The asbestos industry has tried to avoid liability through legal arguments based on technicalities, and by trying to pass legislative remedies that would stop victims from seeking justice. It seems that many victims, as well as their lawyers are determined to get justice served.