Why You Should Concentrate On Enhancing 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 produced, mined or used asbestos and asbestos-containing products.

The first asbestos lawsuit was filed by Nellie Kershaw. She suffered health issues while working in an asbestos fiber factory in England. She passed away at 33 due to fibrosis in her lungs, which was caused by exposure to asbestos.

The First Cases

Asbestos is a dangerous mineral that has afflicted or killed thousands of people over the course of time. Asbestos claims can be filed for many reasons, but they typically involve those who were exposed to the substance at work. This includes workers who worked in factories that produced asbestos-related products, or on the construction site of buildings that contain asbestos lawyer. It can also include those who were exposed to asbestos by using household products, such as talcum powder.

Exposure to asbestos can cause various diseases that include mesothelioma, lung cancer and other respiratory ailments. Many have received compensation for their injuries, even though some of these diseases are fatal. This is because many countries have laws that require companies that produce dangerous substances to warn those who could be injured 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 symptoms, including shortness of breath and the thickening of the fingertip tissue called clubbing. She was awarded a settlement of $75,000 in what is believed to be the first-ever class action lawsuit that dealt with asbestos.

Asbest lawsuits continued to be filed in the years that followed. Asbestos litigation grew into a large area of law, and many attorneys started to specialize in asbestos litigation. This meant that they only dealt with the most serious cases. Kazan Law was one firm that focused on this in the late 80s.

Other lawsuits were won by those who had suffered from other asbestos-related illnesses such as asbestosis or plaques in the pleural cavity. The condition that caused them was very similar to mesothelioma making it simpler to prove for lawyers. These allegations led to the public disclosure of secret documents which showed the ways asbestos product manufacturers attempted to hide the risks they carry. This led to the Asbestos Ban and Phase Out Rule being enacted in 1989.

The Second Case

As the number of people diagnosed with asbestos-related illnesses grew, the victims and their families began bringing lawsuits against companies that mined, produced or sold asbestos-containing products. Additionally, mesothelioma patients filed lawsuits against the companies that designed and constructed the buildings where they worked like shipyards, power plants refineries and factories. The link between asbestos exposure and mesothelioma's development 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. A federal court, for instance determined that only people suffering from asbestos-related malignancies like mesothelioma or lung cancer could sue the manufacturers of asbestos products. This ruling, known as Borel v. Fibreboard Paper Products Corp., was a major setback to asbestos lawsuit defendants.

Around the same time, Nellie Kershaw from Rochdale in England filed what is regarded as the first known lawsuit against asbestos-related companies. Kershaw, a factory worker from Rochdale, England was diagnosed with lung problems caused by her frequent exposure to asbestos fibers in raw form. Kershaw tried to convince her employer to cover the cost of treatment. The company refused. Kershaw passed away in her 30s of fibrosis.

The second wave of asbestos cases centered on workers who worked at construction sites and were exposed kinds of asbestos-containing building materials such as fireproofing sprays, drywall products and textures. Asbestos lawyers also brought successful cases against companies who produced equipment that contained asbestos-containing material, such as boilers and pumps.

During this time, many documents pertaining to asbestos companies were uncovered. These documents showed their involvement in fraud and conspiracies. The documents included the personal files of Johns-Manville President Sumner Simpson and correspondence from the general attorney for another asbestos producer, Raybestos Manhattan. These documents revealed the scheme of these companies to cover up the fact that asbestos was hazardous and to deflect efforts to inform the public about asbestos' dangers.

In the early to mid-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 attempts were made to limit asbestos liability were made by asbestos companies. These efforts were met with fierce resistance from plaintiffs’ attorneys, their clients and the general public.

The Third Case

In the 1970s, asbestos companies had lost the ability to keep information about the deadly effects of mesothelioma and the other asbestos-related illnesses from the public. This was due in large part to the fact that the link between asbestos and ailments such as mesothelioma, asbestosis and other respiratory ailments began receiving attention from major national publications instead of small industry newsletters or medical journals. As soon as the link between asbestos and serious illnesses was well-established, victims started filing lawsuits against asbestos manufacturers.

In the 1970s, a court ruling that allowed plaintiffs to use of strict liability as a legal principle was among the major reasons for an increase in asbestos lawsuits. Plaintiffs in asbestos cases would need to prove that asbestos manufacturers were negligent for exposing them. However, in the 1973 case of Borel v. Fibreboard, a judge declared that asbestos producers were liable for any injuries they caused when the company knew their product was hazardous and did not warn its employees or the general public about the dangers.

Following this ruling, many asbestos manufacturers were forced to file for bankruptcy, a procedure which allows a company to be reorganized in bankruptcy court, put money aside in trusts to pay for asbestos claims, and then continue to continue to operate. Johns-Manville is one of the most notable examples. It was a victim of numerous lawsuits brought by former factory employees who were suffering from asbestosis, mesothelioma, and lung cancer. Kazan Law set several cases against the manufacturer, and was able to win punitive damage verdicts against the company.

Since then asbestos litigation has continued grow as a result of the rising number of victims suffering from asbestos-related ailments. Asbestos litigation is often complicated because the diseases caused by asbestos can take years to manifest and aren't always apparent to those diagnosed.

Additionally certain victims have been forced to wait for years to receive compensation from insurance companies after their employers were found responsible. The US Supreme Court has dealt with a variety of cases involving settlements for class actions that asbestos companies offered to try to limit their liability, and it has also pondered the question of whether or not it is possible to hold defendants accountable for injuries caused by asbestos.

The Fourth Cases

Asbestos is a highly dangerous mineral, which has sickened or killed hundreds of thousands of people over the decades. It's also a material that was used extensively by companies that knew it was dangerous but continued to employ it in their manufacturing processes.

As the legal system handles asbestos lawsuits, there are always new developments. One of the most significant legal developments is the decision Lubbe v. Cape Plc. This set a precedent allowing victims to sue multinational companies in their home countries to recover compensation.

These cases often involve secondary asbestos exposure. Workers who handle asbestos at work can transfer it to their family members or spouses. Family members suffer from mesothelioma and other asbestos-related diseases.

Many lawsuits are filed today by the families of victims based on this kind of case. Asbestos lawyers can assist families bring a case against companies responsible for the asbestos-related injuries suffered by their loved relatives.

The rise of class-action lawsuits is a major change in asbestos litigation. These asbestos lawsuits give victims the opportunity to seek justice through the assistance of an attorney who is well-versed in the legal issues these cases bring up.

While many asbestos attorneys have advocated for this type of lawsuit, there are those who are against it. There have been numerous attempts to pass legislation to restrict the use of class actions in asbestos lawsuits.

The most recent major development in asbestos litigation was the filing of a lawsuit by Massachusetts residents against four companies regarding how they handled asbestos abatement and disposal. The lawsuit claimed that the companies violated the law of the state by not disposing of asbestos properly and failing to safeguard residents from the harmful dust.

Asbestos litigation is a long-running problem that will likely persist for a long time. The asbestos industry has tried to avoid liability through legal arguments that are technical and also by attempting to pass legislative remedies which would hinder victims from seeking justice. But, it appears that many victims and their attorneys are determined to see justice done.