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Asbestos Lawsuit History

Lawyers like Stanley Levy have helped many asbestos victims. People suffering from asbestos-related illnesses such as mesothelioma are able to sue companies that mined asbestos, made or used asbestos.

Nellie Kershaw filed her first asbestos lawsuit. She worked at a factory that spun asbestos fibers in England and was diagnosed with health issues. 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 afflicted and killed thousands throughout the years. Asbestos claims can be filed for a variety of reasons, but they usually involve people who were exposed to the substance at work. This can include workers at factories that made asbestos-related products as well as those who worked on the construction of buildings with asbestos, or who were exposed to secondhand asbestos from household products that were contaminated, such as talcum powder.

Exposure to asbestos can trigger many different diseases, including lung cancer, mesothelioma and other respiratory problems. Many have received compensation for their injuries even though some of these diseases are fatal. This is largely because most countries have laws that require companies that produce dangerous substances to warn people who might be hurt by them.

The first asbestos lawsuit was filed in 1929. It included a woman named Anna Pirskowski. She was suffering from a range of ailments, including shortness of breath and the thickening of the tissue around the fingers, known as 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 following. asbestos lawyer litigation became a large area of law, and many lawyers began to specialize in asbestos litigation. They only took on cases that were serious. Kazan Law was one firm that specialized in this area in the latter part of the 80s.

Other lawsuits have been won by those who suffered from asbestos-related ailments like asbestosis and plaques in the pleural region. The condition that caused them was very like mesothelioma which makes it more straightforward to prove for lawyers. These claims led to the release of secret documents that showed how asbestos manufacturers tried to conceal their risks. In 1989 the Asbestos Ban & Phase Out Rule was enacted.

The Second Case

As the number of people diagnosed with asbestos-related diseases grew the number of victims and their families began bringing lawsuits. These lawsuits were brought against companies that mined asbestos, produced asbestos-containing products or sold products containing asbestos. Mesothelioma victims also filed lawsuits against the companies that designed and constructed the structures in which they worked, including shipyards, power plants and refineries. The link between asbestos exposure and mesothelioma development is solid.

In the early 1980s, the legal battles over asbestos lawsuits became more ferocious and courts began to rule on various aspects of case processes. For instance a federal court decided that only those suffering from a malignant asbestos-caused illness such as mesothelioma, or lung cancer are eligible to file an action against the makers of the asbestos products they used. This ruling, also known as Borel V. Fibreboard Paper Products Corp. was an important setback in asbestos litigation.

At 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-related companies. Kershaw, factory worker from Rochdale, England, was diagnosed with lung issues 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 died at 33 years old of lung fibrosis.

The second round of asbestos lawsuits focused on those who were exposed to various types asbestos-containing building products, such as fireproofing sprays, and drywall products. Asbestos lawyers also brought successful cases against companies that made equipment that utilized asbestos-containing material, such as boilers and pumps.

During this time, numerous incriminating documents were uncovered that revealed asbestos attorney companies have been involved in a scheme of fraud and. The documents included the personal files of Johns-Manville president Sumner Simpson, as well as correspondence from the general counsel of another asbestos manufacturer, Raybestos Manhattan. These documents revealed the scheme of these companies to hide the fact that asbestos was dangerous and to deflect efforts to inform the public of the dangers.

In the mid-1980s to early-1990s in the 1980s, when these and other forms corporate fraud and conspiracy were uncovered in the 1980s, a wave of class action settlements was launched and other attempts made to limit asbestos liability by asbestos companies. These attempts were met with strong opposition from plaintiffs' lawyers and their clients, as well as from the public in general.

The Third Case

By the 1970s, asbestos-related companies had lost the ability to hide information about the deadly effects of mesothelioma as well as other asbestos-related diseases from the general public. This was due to the fact that the link between asbestos and illnesses like mesothelioma, asbestosis, and respiratory diseases like asthma began getting attention from major national publications instead of small medical journals or industry newsletters. When asbestos-related serious illness were well established, victims began filing lawsuits against asbestos-related companies.

In the 1970s, a court decision which allowed plaintiffs to make recourse to strict liability as a legal theory was one of the primary reasons for an increase in asbestos lawsuits. Previously asbestos lawsuits, plaintiffs required proof that asbestos manufacturers were negligent in creating their exposure to asbestos. In the 1973 case Borel v. Fibreboard a judge ruled asbestos manufacturers accountable for any injuries that resulted from their products if they knew that their product was unsafe, but did not warn their employees or the general public about its dangers.

Following this ruling, many asbestos producers filed for bankruptcy, a procedure which allows a company to reorganize in bankruptcy court, put money aside in trusts to pay asbestos claims and still continue to operate. Johns-Manville is a noteworthy case because it was hit with numerous lawsuits brought by former factory workers who were suffering from asbestosis, lung cancer, and mesothelioma. Kazan Law brought several cases against the manufacturer and was able win the company punitive damages in a number of cases.

Asbestos litigation has grown in the past few years due to the growing number of asbestos-related diseases. Asbestos litigation is often complex because the illnesses caused by asbestos can take a long time to manifest and aren't always apparent to those who are 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 in an attempt to limit their liability and it has also pondered the issue of whether it is possible to hold individual defendants liable for asbestos-related injury.

The Fourth Case

Asbestos, a mineral that is extremely harmful, has sickened and killed hundreds of thousands over the many years. Asbestos was also used extensively by companies who knew it was dangerous yet continued to make use of it.

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 the precedent for victims to sue multinational corporations in their home jurisdictions for compensation.

Often, these cases are accompanied by secondary exposure to asbestos. This is when those who work with asbestos on the job transfer it to their spouses or children at home. The family members suffer from mesothelioma and other asbestos-related diseases.

This type of case is the basis of many lawsuits filed by families of victims today. Asbestos lawyers can assist families bring a claim against companies responsible for the asbestos-related injuries suffered by their loved relatives.

The emergence of class-action lawsuits is a significant development in asbestos litigation. These asbestos lawsuits give victims the chance to pursue justice with the assistance of an attorney who is well-versed in the legal issues these cases bring up.

While many asbestos attorneys (Read Home Page) have pushed for this type of litigation, there are some who oppose it. In fact there have been a number of attempts to pass legislation to limit the use of asbestos class actions.

The latest major advancement in asbestos attorney litigation is the filing a suit by Massachusetts residents against 4 companies over their handling of asbestos removal and disposal. The lawsuit alleged 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 decades and it will continue to be throughout the years to come. The asbestos industry has attempted to avoid accountability by bringing up technical legal arguments and attempting to pass legislative solutions which would stop victims from seeking justice. It seems that many victims, and their lawyers are determined to see justice served.