14 Questions You Shouldn't Be Uneasy To Ask Asbestos Lawsuit History

Asbestos Lawsuit History

Lawyers such as Stanley Levy have helped many asbestos victims. People with asbestos-related diseases, such as mesothelioma, are able to sue companies that mined, manufactured or used asbestos.

Waukesha asbestos attorneys  was filed by Nellie Kershaw. She worked in a plant that made asbestos fibers in England and was diagnosed with health issues. She died at the age of 33 of fibrosis of the lung due to asbestos exposure.

The First Cases

Asbestos is a hazardous mineral that has sickened or killed thousands of people over time. 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 employees who worked in factories that manufactured asbestos-related products or at the construction sites of buildings containing asbestos. It could also include those who were exposed to asbestos through household products like talcum powder.

Exposure to asbestos can lead to various diseases which include lung cancer, mesothelioma and other respiratory issues. Although some of these diseases are serious and may be fatal, many have been able to obtain compensation for their injuries. This is due to the fact that most countries have laws that require companies that produce dangerous substances to warn those who could be hurt by them.

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 of the tissue around the fingertip (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 quite large, and a lot of attorneys began to specialize in asbestos litigation. They only would take on cases that were extremely serious. One firm that was involved in this was Kazan Law, which in the late 1980s started to concentrate on the bringing of cases on behalf of people who had mesothelioma.

Other lawsuits have been won by those who suffered from asbestos-related diseases, such as asbestosis and 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 release of secret documents that showed how asbestos manufacturers tried to hide their risks. This led to the Asbestos Ban and Phase Out Rule being issued in 1989.

The Second Cases

As the number of people suffering from asbestos-related illnesses grew, the victims and their families began to file lawsuits against companies that mined, made or sold asbestos-containing products. Mesothelioma victims also filed claims against companies who designed and constructed the buildings where they worked, including power plants, shipyards and refineries. The connection between asbestos exposure and mesothelioma growth is strong.

In the early 1980s, legal fights over asbestos lawsuits got more intense and the courts began to rule on various aspects of the litigation process. A federal court, for example determined that only people suffering from asbestos-related malignancies like mesothelioma or lung cancer could bring a lawsuit against the makers of asbestos products. This ruling, also referred to as Borel V. Fibreboard Paper Products Corp. was a major setback for asbestos litigation.

Around the same time, Nellie Kershaw, a factory worker from Rochdale, England, filed what is considered the first well-known legal claim against asbestos companies. Kershaw, an employee in a factory in Rochdale, England, was diagnosed with lung problems caused by her close exposure to raw asbestos fibers. Kershaw tried to convince her employer to cover the cost of treatment. The company, however, refused. Kershaw passed away at 33 years old of lung fibrosis.

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

During this time, numerous incriminating documents were discovered that demonstrated asbestos companies' involvement in fraud and conspiracy. The documents included the personal files of Johns-Manville president Sumner Simpson, as well as correspondence from the general counsel of another asbestos producer, Raybestos Manhattan. These documents revealed the plot of these companies to cover up the fact that asbestos was hazardous and to deflect efforts to inform the public of the dangers.

The discovery of these, and other forms of corporate fraud and conspiracy in the mid- to late 1980s caused a surge of class action settlements as well as other attempts to limit asbestos liability for asbestos companies. These efforts were met with a fierce 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 to conceal the devastating effects of asbestos-related illnesses like mesothelioma from the public. This was due in large part to the fact major national publications began to pay attention to the link between asbestos, mesothelioma and other respiratory diseases, instead of small industry medical journals and newsletters. Once the connection between asbestos and serious illness was well established, victims began filing lawsuits against asbestos producers.

One of the primary push factors that led to more asbestos lawsuits in 1970s was a court ruling that allowed plaintiffs to utilize the legal concept of strict liability. Plaintiffs in asbestos cases would have to prove that asbestos manufacturers were negligent in exposing them. However, in the 1973 case of Borel v. Fibreboard, a judge ruled that asbestos manufacturers were accountable for any injuries caused by their products in the event that the company knew their product was hazardous and did not warn its employees or the public about the dangers.

Following this ruling, a lot of asbestos producers were forced to file for bankruptcy. This process allows a company, even if still operating, to reorganize itself in bankruptcy court and put funds into trusts to pay asbestos claimants. Johns-Manville was a particularly notable example, as it was the subject of numerous lawsuits filed by former factory workers 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.

Since then asbestos litigation has continued grow due to the rising number of victims suffering from asbestos-related ailments. Asbestos cases can be complicated because the diseases they cause can take decades to manifest and aren't always evident to those who have been diagnosed.

Some victims have been waiting for years to receive settlements from insurance companies even 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 class action settlements. It also has addressed the question of whether individual defendants can be held accountable for injuries resulting from asbestos.

The Fourth Case

Asbestos, a mineral that is extremely harmful has killed and sickened hundreds of thousands over the many years. It's also a substance that was used extensively by companies that knew that it was dangerous but 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 a ruling known as Lubbe v. Cape Plc, which set a precedent that allows victims to sue multinational corporations in their home jurisdictions for compensation.

Most of the time, these cases are accompanied by secondary exposure to asbestos. This is when those who handle asbestos while 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.

Many lawsuits are filed by the families of victims based on this type of situation. Asbestos lawyers can assist families file a claim against the company responsible for their loved ones' asbestos-related injuries.

Another significant advancement in asbestos litigation has been the rise of class action lawsuits. These asbestos lawsuits allow victims to pursue justice with the aid of a lawyer who is experienced in the complicated legal issues these cases raise.

While a lot of asbestos lawyers have pushed for this kind of litigation, there are some who oppose it. In fact, there have been several attempts to pass legislation that would limit the use of class actions in asbestos cases.

The most recent major change in asbestos litigation is the filing a lawsuit by Massachusetts residents against four companies for handling asbestos removal and disposal. The lawsuit claimed that the companies in violation of state law in not properly disposing asbestos and failing residents from the harmful dust.

Asbestos litigation has been ongoing for decades and it's likely that it will continue to do so throughout the years to come. The asbestos industry has tried to avoid accountability by bringing up technical legal arguments and by trying to get legislative remedies passed that would block victims from seeking justice. But, it appears that many victims and attorneys are determined to see justice done.