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Asbestos Lawsuit History

Many asbestos victims have received help from lawyers such as Stanley Levy. People suffering from asbestos-related illnesses like mesothelioma are able to sue companies that mined, manufactured or used asbestos.

Nellie Kershaw was the first to file an asbestos lawsuit. She worked in a factory that spun asbestos fibers in England and was diagnosed with health issues. She died at age 33 of fibrosis of the lungs caused by asbestos lawyer exposure.

The First Cases

Asbestos, a dangerous mineral, has infected and killed thousands of people over the years. Asbestos claims are filed for a variety of reasons, but they usually involve people who have been exposed to asbestos at work. This includes workers who worked in factories that manufactured asbestos-related products, or on the construction sites of buildings containing asbestos. It can also include people who were exposed asbestos through household products like talcum powder.

Those who were exposed to asbestos could develop a variety of illnesses like mesothelioma, lung cancer, and other respiratory ailments. Many people have been compensated for their injuries even though some of these diseases are fatal. This is due to the fact that most countries have laws that require companies who produce dangerous substances to warn people who might be injured by them.

The first asbestos lawsuit was filed in 1929. It was filed by a woman whose name was Anna Pirskowski. She suffered from breath shortness and thickening of the fingertip tissue (known as clubbing). She received a settlement amounting to $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 quite large, and a lot of attorneys started to specialize in asbestos litigation. This meant that they only were able to handle the most serious cases. One firm that was involved in this was Kazan Law, which in the latter half of the 1980s began to concentrate on bringing cases on behalf of people with mesothelioma.

Other lawsuits were won by people who been diagnosed with 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 and therefore more straightforward for lawyers to prove. These claims led to the disclosure of secret documents that revealed how asbestos manufacturers tried to hide their risks. In 1989 the Asbestos Ban & Phase Out Rule was enacted.

The Second Case

As the number of people suffering from asbestos-related illnesses grew, the victims and their families began filing lawsuits against companies that mined, produced or sold asbestos-containing products. Mesothelioma patients also filed claims against companies who created and built the buildings in which they worked such as shipyards, power plants, and refineries. The link between asbestos exposure and mesothelioma's development is strong.

By the early 1980s, the legal dispute over asbestos lawsuits began to get more intense and the courts made rulings on a variety of aspects of the process. For example a federal court ruled that only those suffering from malignant asbestos-related disease like mesothelioma or lung cancer are eligible to file 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, a factory worker from Rochdale, England, filed what is thought to be the first well-known legal claim against asbestos companies. Kershaw, who had been diagnosed with lung issues due to her close contact with raw asbestos fibers, attempted to get the company she worked for to pay for her treatments. The company, however, refused. Kershaw passed away at 33 years old of fibrosis of her lungs.

The second round of asbestos cases centered on workers who worked at construction sites and were exposed kinds of asbestos-containing building materials, including fireproofing sprays, textures and drywall products. Asbestos lawyers also prevailed in cases against companies that manufactured the equipment that utilized asbestos-containing products, such as boilers and pumps.

During this time, many documents that implicated asbestos companies were uncovered. These documents revealed their involvement in fraud and conspiracies. The documents include the personal files of Johns-Manville President Sumner Simpson and correspondence from the general attorney of another asbestos producer, Raybestos Manhattan. These documents revealed a shady alliance between these companies to conceal the dangers of asbestos and suppress efforts to warn the public.

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

The Third Case

In the 1970s, asbestos companies were no longer able to cover up the dangers of asbestos-related diseases like mesothelioma from the general 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 diseases, rather than small industry medical journals and newsletters. After asbestos-related serious illnesses were established and the victims began filing lawsuits against asbestos-related companies.

In the 1970s, a court decision that allowed plaintiffs the recourse to strict liability as a legal concept was one of the primary factors that led to an increase in asbestos lawsuits. Previously, plaintiffs in Asbestos Lawyer cases had to prove that asbestos manufacturers were negligent in creating their asbestos exposures. In the 1973 case Borel v. Fibreboard a judge ruled asbestos producers liable for any injuries that resulted from their products if they knew 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 have filed for bankruptcy. This permits a business, even though it is still in operation, to organize itself in bankruptcy court and place money into trusts to pay asbestos claimants. Johns-Manville was a particularly noteworthy case because it was the subject of numerous lawsuits from former factory workers who were suffering 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 grown since then due to the rising number of asbestos-related diseases. Asbestos litigation can be complicated because the illnesses caused by asbestos can take years to manifest and aren't always obvious to those who have been 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 dealt with a variety of cases involving class action settlements that asbestos companies offered as a way to limit their liability and has also looked into the question of whether or not it is possible to hold individuals responsible for injuries caused by asbestos.

The Fourth Cases

Asbestos is a very dangerous mineral that has caused the death or sickness of hundreds of thousands of people over the years. It's also a substance that was widely used by companies that knew 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 constantly. One of the most important legal developments is a case called Lubbe v. Cape Plc, which set the precedent for victims to sue multinational corporations in their home jurisdictions for compensation.

In most cases, these situations involve secondary exposure to asbestos. Workers who handle asbestos at work may transfer it to their family members or spouses. The family members then suffer from mesothelioma and other asbestos-related diseases.

This type of situation is the basis of many lawsuits filed by families of victims in the present. Asbestos lawyers can aid families file a lawsuit against the company 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 opportunity to seek justice with the help of an attorney who is familiarized with the complex legal issues these cases present.

While a lot of asbestos lawyers have pushed for this kind of litigation, there are some who oppose it. There have been numerous initiatives to pass legislation that restrict the use of class actions in asbestos lawsuits.

The most recent major advancement in asbestos litigation is the filing of an action by Massachusetts residents against four companies for handling asbestos removal and disposal. The lawsuit claimed that the companies violated state law by not disposing of asbestos properly and failing to safeguard residents from the harmful dust.

Asbestos litigation has been ongoing for a long time and it will continue to be for a long time to come. The asbestos industry has attempted to avoid accountability by making legal arguments that are technical and by attempting to get legislative remedies passed which would stop victims from seeking justice. It seems that many victims, and their lawyers, are determined to see justice served.