Why We Do We Love Asbestos Lawsuit History And You Should Too

Asbestos Lawsuit History
Lawyers such as Stanley Levy have helped many asbestos victims. Patients suffering from asbestos-related diseases, such as mesothelioma, can sue companies who mined, manufactured or used asbestos.
The first asbestos lawsuit was filed by Nellie Kershaw. She suffered health issues while working in an asbestos fiber plant in England. She died at age 33 of fibrosis of the lung caused by asbestos exposure.
The First Cases
Asbestos, a hazardous mineral, has infected and killed thousands throughout the years. Asbestos claims can be filed for various reasons, but they usually 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 sites of buildings with asbestos. It can also include people who were exposed to asbestos through household products like talcum powder.
People who were exposed to asbestos may develop a number of different illnesses like mesothelioma, lung cancer and other respiratory diseases. Many have received compensation for their injuries even though some these diseases are fatal. Many countries have laws that require companies that create dangerous substances inform anyone who might be injured.
The first asbestos lawsuit that was filed in 1929 included a woman by the name of Anna Pirskowski. She was suffering from breath shortness and thickening in the fingertip tissue (known as clubbing). She was awarded a settlement of $75,000, which is believed to be the first class action lawsuit filed in the field of asbestos.
In the years that followed in the years that followed, more and more asbestos lawsuits were filed. Some of the cases grew very large, and many attorneys started to specialize in asbestos litigation. This meant that they only took on the most serious cases. Kazan Law was one firm that was focusing on this in the late 80s.
Other lawsuits were won by individuals who suffered from other asbestos-related illnesses like asbestosis or plaques in the pleural cavity. The disease that caused them was similar to the mesothelioma, which makes it more straightforward to prove for lawyers. These claims led to the release of secret documents which showed how asbestos product manufacturers tried to hide the risks they carry. In 1989 the Asbestos Ban & Phase Out Rule was enacted.
The Second Cases
As the number diagnosed with asbestos-related disease increased, victims and families began bringing lawsuits. These lawsuits were filed against businesses who mined asbestos, made asbestos-containing products or sold asbestos-containing products. Mesothelioma patients also filed lawsuits against companies that designed and constructed the buildings that they worked in including shipyards, power plants, and refineries. The link between asbestos exposure and mesothelioma development is strong.
In the early 1980s, legal litigation over asbestos lawsuits grew more ferocious and courts began to rule on various aspects of case processes. For example, a federal court ruled that only those suffering from a malignant asbestos-caused illness such as mesothelioma, or lung cancer are eligible to file a lawsuit against the manufacturers of the asbestos products they used. The ruling, dubbed Borel v. Fibreboard Paper Products Corp. is a major setback for asbestos plaintiffs.
At the same time, Nellie Kershaw from Rochdale in England filed what is regarded as the first known lawsuit against asbestos companies. Kershaw was a factory worker from Rochdale, England was diagnosed with lung problems caused by her frequent exposure to asbestos fibers. She attempted to convince her employer to cover the cost of treatment. However, the company refused. Kershaw died at 33 years old from lung fibrosis.
The second round of asbestos lawsuits focused on those who were exposed to various kinds of asbestos-containing building materials, such as fireproofing sprays, and drywall products. Asbestos lawyers also won lawsuits against companies who manufactured the equipment that utilized asbestos-containing products, such as boilers and pumps.
During this period, numerous documents incriminating asbestos companies were discovered. These documents proved 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 uncovered the conspiracy of these companies to hide knowledge that asbestos was dangerous and to deflect efforts to inform the public about 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 liability for asbestos-related companies. These attempts were met with fierce opposition from plaintiffs' lawyers and their clients, as well as from the public at large.
The Third Case
In the 1970s, asbestos firms had lost the ability to conceal information about the devastating effects of mesothelioma as well as other asbestos-related illnesses from the public. This was largely due to the fact that the connection between asbestos and illnesses like asbestosis, mesothelioma and other respiratory problems started getting attention from major national publications instead of just small industry newsletters or medical journals. Once the connection between asbestos and serious diseases was well-established, victims started making lawsuits against asbestos producers.
In the 1970s, a court decision that allowed plaintiffs the recourse to strict liability as a legal concept was among the major factors that led to an increase in asbestos lawsuits. Plaintiffs in asbestos cases would need to prove that asbestos producers were negligent in exposing them to. However in the 1973 case of Borel v. Fibreboard, a judge decided that asbestos manufacturers were responsible for any injuries caused by their products in the event that the company knew their product was unsafe and did not warn its employees or the public about its dangers.
Following Albany asbestos attorneys , many asbestos-related companies have filed for bankruptcy, a procedure that allows a business to reorganize in bankruptcy court, and put money aside in trusts to pay for asbestos claims, and continue to be in operation. 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 obtain punitive damages verdicts against the company.
Asbestos lawsuits have increased since then due to the growing number of asbestos-related diseases. Asbestos litigation is often complicated because the illnesses caused by asbestos can take years to manifest and aren't always apparent to those diagnosed.
Some victims have also been forced to wait for years for compensation from insurance companies, even after their employers were found liable. The US Supreme Court has dealt with a variety of cases involving settlements for class actions that asbestos companies offered in an attempt to limit their liability and it has also considered the issue of whether it is possible to hold defendants accountable for injuries caused by asbestos.
The Fourth Cases
Asbestos is a very dangerous mineral, which has caused the death or sickness of hundreds of thousands of people over the decades. It's also a material that was used extensively by companies that knew that it was dangerous and they continued to employ it in their manufacturing processes.
The legal system is able to handle these asbestos lawsuits, there are always new developments. One of the most significant legal developments is the ruling Lubbe v. Cape Plc. This set the precedent for victims to sue multi-national companies in their home countries to recover compensation.
Most of the time, these cases involve secondary exposure to asbestos. This happens when workers who work with asbestos on the job transfer it to their spouses or children living at home. The family members are affected by mesothelioma as well as other asbestos-related diseases.
This type of case is the basis of many lawsuits filed by relatives of victims in the present. Asbestos attorneys can help families file a claim against companies responsible for the asbestos-related injuries suffered by their loved ones.
Another major change in asbestos litigation has been the emergence of class action lawsuits. These asbestos lawsuits provide victims the opportunity to pursue justice with the help of an attorney who is familiarized with the complex legal issues these cases present.
While many asbestos attorneys have advocated for this type of litigation, there are also certain people who do not support it. There have been several initiatives to pass legislation that restrict the use of class actions in asbestos lawsuits.
The most recent significant development in asbestos litigation was the filing of a suit by Massachusetts residents against four companies regarding how they handled asbestos abatement and disposal. The lawsuit claimed that the firms in violation of state law by not disposing asbestos properly and failing to protect residents from the harmful dust.
Asbestos litigation has been going on for a long time, and it's likely that it will continue to do so for a long time to come. The asbestos industry has attempted to avoid accountability by making legal arguments that are technical and by trying to pass legislative remedies that would block victims from seeking justice. However, it appears that a lot of victims and their attorneys are determined to get justice.