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Asbestos Lawsuit History

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

The first asbestos lawsuit was filed by Nellie Kershaw. She worked in a plant that spun asbestos fibers in England and developed health problems. She died at the age of 33 due to fibrosis that had developed in her lungs. It was caused by exposure to asbestos.

The First Cases

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

Those who were exposed to asbestos may develop a variety of illnesses, including mesothelioma and lung cancer, and other respiratory diseases. 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 produce dangerous substances to warn those who may be hurt by them.

The first asbestos lawsuit was filed in 1929 and was filed by a woman whose name was Anna Pirskowski. She was suffering from a range of ailments, including shortness of breath and thickening of the fingertip tissue also known as clubbing. She received a settlement amounting to $75,000 in what is believed to be the first class action lawsuit that involved asbestos.

In the years that followed there were a lot of asbestos lawsuits were filed. Asbestos litigation became a broad area of law and many attorneys started to specialize in asbestos litigation. They only would take on cases that were very important. Kazan Law was one firm that focused on this in the late 80s.

Other lawsuits were won by people who been diagnosed with other asbestos lawyer-related diseases like asbestosis or plaques in the pleural cavity. This is because the disease that caused these was very like mesothelioma making it simpler for lawyers to prove. These claims also led to the disclosure of secret documents that revealed how asbestos-related manufacturers attempted to conceal the dangers. In 1989 the Asbestos Ban & Phase Out Rule was issued.

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 filed against companies that mined asbestos, manufactured asbestos-containing products or sold products containing asbestos lawyer. In addition, mesothelioma sufferers filed claims against the companies who designed and constructed the structures where they worked, such as power plants, shipyards, refineries and factories. The link between asbestos exposure and mesothelioma development is strong.

By the early 1980s, the legal battle over asbestos lawsuits began to intensify and courts ruled on many aspects of the procedure. For instance a federal court decided that only individuals suffering from malignant asbestos-related disease like mesothelioma or lung cancer are able to bring lawsuits against the producers of asbestos-related products they employed. This ruling, known as Borel v. Fibreboard Paper Products Corp. is an important setback for asbestos lawsuit defendants.

Around 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, England, was diagnosed with lung issues due to her exposure to asbestos fibers. She tried to get her employer to pay for the treatment. However, the company refused. Kershaw died at 33 years old of fibrosis of her lungs.

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

During this time, numerous incriminating documents were discovered that proved asbestos companies were involved in conspiracy and fraud. 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 conceal knowledge that asbestos was dangerous and to thwart efforts to inform the public of the dangers.

The discovery of these, and other forms of corporate fraud and conspiracy in the early and mid-1980s sparked a wave of class action settlements as well as other attempts to limit asbestos attorney liability for asbestos-related companies. These efforts were met with fierce resistance from plaintiffs’ attorneys as well as their clients and the general public.

The Third Case

In the 1970s, asbestos companies had lost the ability to keep information about the devastating effects of mesothelioma and the other asbestos-related illnesses from the public. This was due in large part to the fact major national publications began to pay attention to the connection between mesothelioma, asbestos, and other respiratory diseases, instead of small industry newsletters and medical journals. When asbestos lawyer-related serious illnesses were well-established and patients began filing lawsuits against asbestos manufacturers.

One of the main driving factors that led to increased asbestos lawsuits in the 1970s was a ruling by the courts which allowed plaintiffs to apply the legal theory of strict liability. Previously asbestos lawsuits, plaintiffs required proof that asbestos manufacturers were negligent in causing their asbestos exposures. In the 1973 case of Borel v. Fibreboard a judge ruled asbestos producers liable for any injuries caused by their products if they knew that their product was dangerous but did not inform their employees or the general 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, put money aside in trusts to pay asbestos claims, and continue to continue to operate. Johns-Manville was an especially noteworthy case because it was slammed with a variety of lawsuits from 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.

Since the time asbestos litigation has continued increase due to the increasing number of victims suffering from asbestos-related ailments. Asbestos cases are often complex because the diseases they cause can take decades to manifest and are not always immediately evident to those who have been 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 accountable. The US Supreme Court has dealt with several cases involving class action settlements that asbestos companies offered to try to limit their liability, and it has also considered the issue of whether it is possible to hold individuals responsible for asbestos-related injury.

The Fourth Case

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

As the legal system deals with asbestos lawsuits and asbestos lawsuits, new developments take place all the time. One of the most important legal developments is the decision Lubbe v. Cape Plc. This set the precedent for victims to sue multinational companies in their home countries to recover compensation.

These situations usually result in secondary exposure to asbestos. Workers who work with asbestos work can transfer it to their family members or spouses. The family members then suffer from mesothelioma or other asbestos-related diseases.

Many lawsuits are filed by the families of victims of this type of situation. Asbestos attorneys can help families bring a claim against the responsible parties for the asbestos injuries of their loved relatives.

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

While many asbestos attorneys have pushed for this type of litigation, there are also those who are against it. There have been several attempts to pass legislation to limit the use of class actions in asbestos lawsuits.

The most recent major change in asbestos litigation is the filing of a suit by Massachusetts residents against 4 companies for how they handled asbestos removal and disposal. The lawsuit alleged the companies did not follow state laws by not properly disposing of asbestos and failing to protect residents from toxic dust.

Asbestos litigation is a long-running issue that will likely continue for a long time. The asbestos industry has tried to shield itself from responsibility by using legal arguments based on technicalities and by attempting to get legislative remedies passed which would stop victims from seeking justice. However, it appears that many victims and their attorneys are determined to see justice served.