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Asbestos Lawsuit History

Lawyers such as Stanley Levy have helped many asbestos victims. Patients suffering from mesothelioma or other asbestos-related illnesses can sue companies that mined, manufactured, or used asbestos and asbestos-containing products.

Nellie Kershaw filed her first asbestos lawsuit. She was diagnosed with health issues while working in an asbestos fiber plant in England. She died at the age of 33 due to fibrosis of her lungs, which was caused by exposure to asbestos.

The First Cases

Asbestos, a dangerous mineral, has afflicted and killed thousands of people over the years. Asbestos claims are filed for many reasons, but the majority involve people who have been exposed to asbestos lawyer lawsuit while at work. This includes those who worked in factories that made asbestos-related products, or on the construction site of buildings that contain asbestos. It can also be those who were exposed to asbestos through household products like talcum powder.

Exposure to asbestos can cause a variety of diseases which include mesothelioma, lung cancer and other respiratory problems. Many have received compensation for their injuries even though some these diseases can be fatal. This is due to the fact that most countries have laws that require companies that create dangerous substances to warn people who might be hurt by them.

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

In the years that followed in the years that followed, more and Asbestos Lawsuit History more asbestos lawsuits were filed. Asbestos litigation became a very vast area of law and many lawyers began to specialize in asbestos litigation. They only took on cases that were serious. One firm that did this was Kazan Law, which in the latter half of the 1980s began to focus on the bringing of cases on behalf of mesothelioma patients.

Other lawsuits were won by those who suffered from other asbestos lawyer lawsuit-related diseases such as asbestosis or plaques in the pleural cavity. The condition that caused them was very similar to mesothelioma and therefore easier to prove for lawyers. These claims also led to the revelation of secret documents that showed how asbestos-related manufacturers tried to hide the dangers. In 1989, the Asbestos Ban & Phase Out Rule was enacted.

The Second Case

As the number of people diagnosed with asbestos-related disease increased, victims and families began filing lawsuits. These lawsuits were brought against companies that mined asbestos, manufactured asbestos-containing products or sold products containing asbestos. Mesothelioma sufferers also filed lawsuits against the companies that created and built the buildings that they worked in including shipyards, power plants and refineries. The link between mesothelioma and asbestos exposure is solid.

In the early 1980s, the legal dispute over asbestos lawsuits began to get more intense and the courts ruled on many aspects of the procedure. For example a federal court ruled that only people suffering from a malignant asbestos lawsuit payouts-caused illness such as mesothelioma, or lung cancer are eligible to bring lawsuits against the producers of the asbestos products they used. This ruling, known as Borel v. Fibreboard Paper Products Corp. was a major setback to asbestos lawsuit defendants.

Around the same time, Nellie Kershaw from Rochdale in England filed what is regarded as the first well-known lawsuit filed against asbestos-related companies. Kershaw, factory worker from Rochdale in England, was diagnosed with lung issues caused by her close exposure to asbestos fibers. She tried to get her employer to pay for the treatment. The company was unable to pay. Kershaw died in her 30s of fibrosis.

The second wave of asbestos cases focused on workers who worked at construction sites and were exposed kinds of asbestos-containing building materials including fireproofing sprays textures and drywall products. Asbestos attorneys also brought successful cases against companies that made equipment that utilized asbestos-containing material, such as pumps and boilers.

During this time, many documents incriminating asbestos companies were uncovered. These documents revealed their involvement in fraud and conspiracies. The documents included personal documents of Johns-Manville President Sumner Simpson and correspondence from the general attorney for another asbestos producer, Raybestos Manhattan. These documents revealed a plot between these companies to hide asbestos' dangers and to thwart efforts to warn the public.

The discovery of these and other types of corporate fraud and conspiracy in the mid- to late 1980s led to a flurry of class action settlements as well as other attempts at limiting asbestos liability for asbestos-related companies. These attempts were met by massive opposition from plaintiffs' attorneys as well as their clients and the general public.

The Third Cases

In the 1970s, asbestos-related companies could no longer hide the deadly effects of asbestos-related diseases such as mesothelioma from the public. This was due in large part to the fact that the link between asbestos and ailments such as mesothelioma, asbestosis and other respiratory problems started getting attention from major national publications instead of just small medical journals or newsletters for industry. As soon as the link between asbestos and serious illnesses was well-established, victims began filing lawsuits against asbestos producers.

In the 1970s, a decision by the courts that allowed plaintiffs to use of strict liability as a legal principle was among the major factors that led to an increase in asbestos lawsuits. In the past, plaintiffs in asbestos cases had to prove that Asbestos Trust Fund Payouts 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.

In the wake of this ruling, a number of asbestos producers have filed for bankruptcy, a procedure that allows businesses to reorganize in bankruptcy court, and put funds aside in trusts to pay asbestos claims, and continue to be in operation. Johns-Manville is a notable case, since it was hit with numerous lawsuits brought by former factory workers suffering from asbestosis, lung cancer and mesothelioma. Kazan Law brought several cases against the manufacturer and was able get punitive damages verdicts against it.

Asbestos litigation has increased since then due to the growing number of asbestos-related diseases. Asbestos litigation is often complicated because the diseases caused by asbestos can take years to manifest and are not always apparent to those diagnosed.

In addition certain victims have been forced to wait for years to receive compensation from insurance companies after their employers were found liable. The US Supreme Court has dealt with several cases involving class action settlements that asbestos companies offered in an attempt to limit their liability and it has also pondered the question of whether or not it is possible to hold individuals responsible for injuries caused by asbestos.

The Fourth Cases

Asbestos, a substance that is extremely harmful, has sickened and killed hundreds of thousands of people over the years. Asbestos was also widely used by companies who knew it was a risk however they 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 the ruling Lubbe v. Cape Plc. This set a precedent allowing victims to sue multinational companies in their home countries to recover compensation.

These situations usually involve secondary asbestos exposure. This is when those who handle asbestos on the job pass it to their spouses or children at home. The family members then suffer from mesothelioma, or other asbestos-related diseases.

Many lawsuits are filed today by the families of victims of this type of situation. Asbestos attorneys can help families file a claim against the responsible parties for the asbestos injuries of their loved family members.

Another big advancement in asbestos litigation is the emergence of class action lawsuits. These asbestos lawsuits permit victims to seek justice with the assistance of a lawyer familiar with the complex legal issues that these cases raise.

While asbestos lawyers have pushed for this kind of lawsuit, there are some who oppose it. In fact there have been numerous attempts to pass legislation to limit the use of asbestos-related class actions.

The most recent major development in asbestos litigation is the filing of a lawsuit by Massachusetts residents against 4 companies for how they handled asbestos removal and disposal. The lawsuit alleged that the companies violated the law of the state by not properly disposing of asbestos and failing to protect residents from harmful dust.

Asbestos litigation has been going on for a long time and it will continue to be throughout the years to come. The asbestos industry has tried to shield itself from responsibility using legal arguments based on technicalities and by trying to pass legislative solutions that would stop victims from seeking justice. It appears that a lot of victims, and their lawyers are determined to get justice done.