Asbestos Lawsuit History

Lawyers such as Stanley Levy have helped many asbestos victims. People with mesothelioma and other asbestos-related diseases can sue companies that mined, manufactured or used asbestos and asbestos-containing products.

The first asbestos lawsuit was filed by Nellie Kershaw. She worked in a factory that spun asbestos fibers in England and developed health problems. She died at the age of 33 of fibrosis of the lungs caused by asbestos exposure.

The First Cases

Asbestos is a hazardous mineral that has sickened or killed thousands of people over the years. Asbestos claims are filed for a variety reasons, but most often involve those who were exposed to asbestos at work. This includes workers who worked in factories that manufactured asbestos-related products or on the construction sites of buildings that contain asbestos. It can also be people who were exposed asbestos by using household products, such as talcum powder.

Anyone who was exposed to asbestos can develop a variety of illnesses like mesothelioma, lung cancer, and other respiratory ailments. While some of these illnesses are very serious and can be fatal, a lot of people have been able to obtain compensation for their injuries. Most countries have laws requiring companies that produce dangerous substances to inform anyone who might be injured.

The first asbestos lawsuit, filed in 1929, involved a woman by the name of Anna Pirskowski. She was suffering from a number of symptoms including breathlessness and thickening of the fingertip tissue, which is also known as clubbing. She was awarded a settlement of $75,000 in what is believed to be the first-ever class action lawsuit involving asbestos.

Asbest lawsuits continued to be filed in the years that followed. Some of the cases grew very large, and many attorneys began to specialize in asbestos litigation. This meant that they 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 been diagnosed with other asbestos-related diseases like asbestosis or plaques in the pleural cavity. The condition that caused them was similar to the mesothelioma, making it simpler to prove for lawyers. These claims led to the disclosure of secret documents that showed how asbestos product manufacturers tried 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 diagnosed with asbestos-related diseases grew, victims and families began to file lawsuits. These lawsuits were filed against businesses who mined asbestos, made asbestos-containing products or sold products containing asbestos. Mesothelioma victims also filed claims against companies who created and built the buildings that they worked in including power plants, shipyards and refineries. The connection between mesothelioma and asbestos exposure is strong.

In the early 1980s, legal fights over asbestos lawsuits got more ferocious and courts began to rule on a variety of aspects of the litigation process. A federal court, for instance determined that only people suffering from malignant asbestos-related diseases such as mesothelioma and lung cancer were eligible to sue the manufacturers 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 from Rochdale in England filed what is now regarded as the first well-known lawsuit against asbestos-related companies. Kershaw was diagnosed with lung problems due to her close contact with raw asbestos fibers, attempted to get the firm she worked for to pay for her medical treatments. The company refused. Kershaw passed away at 33 years old of lung fibrosis.

The second wave of asbestos lawsuits focused on workers exposed to different types of asbestos-containing building products like fireproofing sprays and drywall products. Asbestos lawyers also brought successful cases against companies who manufactured equipment that used asbestos-containing materials, such as boilers and pumps.

During this time, a variety of documents pertaining to asbestos companies were discovered. These documents showed their involvement in conspiracies and fraud. Arlington asbestos lawsuit included the personal files of Johns-Manville president Sumner Simpson, as well as correspondence from the general counsel for another asbestos manufacturer, Raybestos Manhattan. These documents revealed a conspiracy between these companies to conceal asbestos' dangers and deflect efforts to educate the public.

The discovery of these and other types 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 attempts were met with strong resistance from plaintiffs' attorneys and their clients, as as the general public at large.

The Third Case

In the 1970s, asbestos-related companies could no longer cover up the dangers of asbestos-related illnesses like mesothelioma from the public. This was due in large part to the fact that the connection between asbestos and ailments like asbestosis, mesothelioma and other respiratory ailments began getting attention from major national publications instead of just small medical journals or industry newsletters. When the link between asbestos and serious illness was well-established, victims began filing lawsuits against asbestos manufacturers.

One of the primary push factors that led to an increase in asbestos lawsuits in the 1970s was a ruling by the courts that allowed plaintiffs to use the legal theory of strict liability. Previously asbestos lawsuits, plaintiffs had to prove that asbestos manufacturers were negligent in the way they caused their asbestos exposures. In the 1973 case of Borel v. Fibreboard a judge ruled asbestos manufacturers accountable for any injuries that resulted from their products if they knew their product was dangerous but did not inform their employees or the general public about the dangers.

After this ruling, many asbestos producers have filed for bankruptcy. This process permits a business, even though it is still operating, to reorganize its affairs in bankruptcy court and put money into trusts to pay asbestos claimants. Johns-Manville is an example. It was hit by numerous lawsuits filed by former factory workers who were diagnosed with asbestosis, mesothelioma and lung cancer. Kazan Law brought several cases against the manufacturer and was able to get punitive damages verdicts against it.

Since the time asbestos litigation has continued grow as a result of the increasing number of victims suffering from asbestos-related ailments. Asbestos litigation can be complicated because the diseases caused by asbestos can take years to manifest and are not always apparent to those who are diagnosed.

Some victims have been waiting for years to receive reimbursement from insurance companies, even after their employers were found liable. The US Supreme Court has dealt with several cases involving class action settlements that asbestos companies offered as a way to limit their liability, and it has also considered the question of whether or not it is possible to hold individual defendants liable for asbestos-related injury.

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 who knew it was deadly but continued to employ it in their manufacturing processes.

The legal system is able to handle these asbestos lawsuits and asbestos lawsuits, there are always new developments. One of the most significant legal developments is a ruling called Lubbe v Cape Plc, which set a precedent that allows victims to sue multinational companies in their home jurisdictions for compensation.

Often, these cases are accompanied by secondary exposure to asbestos. This happens when workers who handle asbestos on the job pass it to their spouses or children living at home. The family members suffer from mesothelioma and other asbestos-related illnesses.

Many lawsuits are filed by the families of victims of this type of case. Asbestos lawyers can assist families bring a claim against companies responsible for the asbestos-related injuries suffered by their loved ones.

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

Certain asbestos lawyers are opposed to this type of litigation. In actual fact there have been a number of attempts to pass legislation restricting the use of asbestos class actions.

The most recent significant advancement in asbestos litigation was the filing of a lawsuit by Massachusetts residents against four companies regarding how they dealt with asbestos abatement and disposal. The lawsuit claimed that the companies violated state laws by not disposing asbestos properly and exposing residents to the harmful dust.

Asbestos litigation is a long-standing problem that will likely persist for a long time. The asbestos industry has attempted to shield itself from responsibility by bringing up technical legal arguments and by trying to pass legislative solutions that would block victims from seeking justice. It appears that many victims, and their lawyers are determined to see justice served.
Arlington asbestos lawsuit