A Asbestos Lawsuit History Success Story You'll Never Believe
Asbestos Lawsuit History
Lawyers like Stanley Levy have helped many asbestos victims. Patients suffering from mesothelioma and asbestos-related diseases can sue companies that produced, mined, or used asbestos and asbestos-containing products.
Nellie Kershaw filed the first asbestos lawsuit. She developed health issues while working in an asbestos fiber manufacturing plant in England. She died at 33 due to fibrosis in her lungs. It was caused by asbestos exposure.
The First Cases
Asbestos is a dangerous mineral that has ill-treated or killed thousands of people over time. Asbestos claims are filed for a variety reasons, but they usually involve those who have been exposed to asbestos at work. This includes workers at factories that produced asbestos-related products as well as those who worked in the construction of buildings containing asbestos and even those who were exposed to asbestos from contaminated household products like talcum powder.
Exposure to asbestos can lead to many different illnesses, including mesothelioma, lung cancer and other respiratory issues. Although some of these diseases are very serious and can be fatal, many have been able receive compensation for their injuries. The majority of countries have laws that require manufacturers of dangerous substances to warn anyone who may be injured.
The first asbestos lawsuit was filed in 1929 and included a woman named Anna Pirskowski. She was suffering from a range of ailments, including breathlessness and thickening of the tissue around the fingers, also known as clubbing. She was awarded an amount of $75,000 in settlement, which is believed to be the first class action lawsuit in connection with asbestos.
Appleton asbestos lawsuit continued to be filed throughout the years that followed. Asbestos litigation became a very vast area of law and many attorneys started to specialize in asbestos litigation. They only took on cases that were important. Kazan Law was one firm that focused on this in the late 80s.
Other lawsuits have been won by people who suffered from asbestos-related ailments, such as asbestosis and plaques in the pleural region. This is due to the fact that the disease that caused them was like mesothelioma making it easier for lawyers to prove. These claims also led to the revelation of secret documents that showed the way asbestos producers tried to hide the dangers. This led to the Asbestos Ban and Phase Out Rule being enacted in 1989.
The Second Cases
As the number of people diagnosed with asbestos-related diseases grew the number of victims and their families began bringing lawsuits. These lawsuits were filed against businesses that mined asbestos, produced asbestos-containing products, or sold asbestos-containing goods. Mesothelioma victims also filed lawsuits against companies who created and built the buildings in which they worked including shipyards, power plants and refineries. The connection between asbestos exposure and the development of mesothelioma is strong.
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 example, a federal court ruled that only people suffering from a malignant asbestos-caused illness such as mesothelioma, or lung cancer are eligible to bring an action against the makers of the asbestos products they used. This ruling, known as Borel v. Fibreboard Paper Products Corp. was a major setback for asbestos lawsuit defendants.
The same time, Nellie Kershaw from Rochdale in England was the first to file what is now seen as the first well-known lawsuit filed against asbestos-related companies. Kershaw was an employee in a factory in Rochdale, England was diagnosed with lung issues due to her exposure to asbestos fibers in raw form. She attempted to convince her employer to pay for the treatment. The company refused. Kershaw died in her 30s from fibrosis.
The second round of asbestos cases focused on workers who worked at construction sites and were exposed to various types of asbestos-containing building products including fireproofing sprays drywall products and textures. Asbestos lawyers also prevailed in cases against companies that manufactured the equipment that utilized asbestos-containing products, such as pumps and boilers.
During this period, numerous documents pertaining to asbestos companies were discovered. These documents showed their involvement in conspiracy and fraud. This included the personal records of Johns-Manville president Sumner Simpson, as well as correspondence from the general counsel of another asbestos manufacturer, Raybestos Manhattan. These documents revealed a conspiracy between these companies to conceal the dangers of asbestos and to thwart efforts to warn the public.
The discovery of these and other types of corporate fraud and conspiracy in the early and mid-1980s sparked a wave of class action settlements and other attempts to limit asbestos liability for asbestos-related companies. These attempts were met by strong opposition from plaintiffs' attorneys, their clients and the general public.
The Third Case
By the 1970s, asbestos companies had lost the ability to conceal information on the fatal effects of mesothelioma as well as other asbestos-related diseases from the general public. This was due in large part to the fact major national journals began paying attention to the link between mesothelioma, asbestos, and other respiratory diseases, instead of small industry newsletters and medical journals. After asbestos-related serious illnesses were well-established and patients began making lawsuits against asbestos producers.
One of the main push factors that led to increased asbestos lawsuits in the 1970s was a ruling by the courts which allowed plaintiffs to apply the legal theory of strict liability. In the past asbestos lawsuits, plaintiffs had to prove that asbestos manufacturers were negligent in the way they caused their exposure to asbestos. In the 1973 case Borel v. Fibreboard a judge ruled asbestos producers liable for any injuries caused by their products if they knew that their product was dangerous but did not warn their employees or the general public about the dangers.
After this ruling, many asbestos producers filed for bankruptcy. This procedure allows a business, while still operating, to reorganize its affairs in bankruptcy court and to put funds into trusts to pay asbestos claimants. Johns-Manville was an especially noteworthy case because it was hit with numerous lawsuits from former workers who suffered from asbestosis, lung cancer and mesothelioma. Kazan Law brought several cases against the manufacturer and was able to obtain the company punitive damages in a number of cases.
Asbestos lawsuits have increased in the past few years due to the rising number of asbestos-related diseases. Asbestos litigation is often complex 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 compensation from insurance companies even after their employers were found responsible. The US Supreme Court has dealt with numerous cases involving class action settlements 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 asbestos-related injury.
The Fourth Cases
Asbestos, a mineral that is extremely dangerous, has sickened and killed hundreds of thousands of people over the decades. It's also a product that was widely used by companies who knew it was dangerous but continued to use it in their manufacturing processes.
As the legal system deals asbestos lawsuits and asbestos lawsuits, there are always new developments. One of the most significant legal developments is the decision Lubbe v. Cape Plc. This set an example for asbestos victims to sue multinational corporations in their home countries for compensation.
Often, these cases are accompanied by secondary exposure to asbestos. Workers who handle asbestos at work may pass it on to their families or spouses. Family members suffer from mesothelioma and other asbestos-related illnesses.
Many lawsuits are filed today by the families of victims based on this type of case. Asbestos lawyers can assist families file a lawsuit against the company that is responsible for their loved ones' asbestos injuries.
The rise of class-action lawsuits is another major development in asbestos litigation. These asbestos lawsuits offer victims the opportunity to pursue justice with the assistance of an attorney well-versed in the legal issues that these cases raise.
Some asbestos attorneys are against this type of litigation. 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 advancement in asbestos litigation is the filing a lawsuit by Massachusetts residents against 4 companies for handling asbestos removal and disposal. The lawsuit claimed that the companies had violated state law by not properly disposing of asbestos and failing to safeguard residents from harmful dust.
Asbestos litigation has been ongoing for a long time, 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 using legal arguments based on technicalities and by trying to get legislative remedies passed that would block victims from seeking justice. However, it seems that many victims and lawyers are determined to see justice done.