10 Misconceptions That Your Boss May Have Concerning Asbestos Lawsuit History

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 produced, mined or used asbestos or asbestos-containing products.
The first asbestos lawsuit was filed by Nellie Kershaw. She developed health issues while working in an asbestos fiber plant in England. She passed away at the age of 33 of fibrosis of the lungs caused by asbestos exposure.
The First Cases
Asbestos is a dangerous mineral that has sickened or killed thousands of people over time. Asbestos claims are filed for a variety of reasons, but they usually involve those who were exposed to asbestos while at work. This could include workers in factories that produced asbestos-related products or those working on the construction of buildings that contain asbestos, and even those who were exposed to secondhand asbestos from household products contaminated with asbestos such as talcum powder.
People who were exposed to asbestos could develop a number of different illnesses, including mesothelioma and lung cancer and other respiratory ailments. Many have been compensated for their injuries even though some these diseases are fatal. The majority of countries have laws that require companies that produce dangerous substances to warn anyone who may be injured.
The first asbestos lawsuit was filed in 1929, and was filed by a woman whose name was Anna Pirskowski. She was suffering from shortness of breathe and thickening in the fingertip tissue (known as clubbing). She received a settlement worth $75,000 in what is believed to be a first-ever class action lawsuit that dealt with asbestos.
Asbest lawsuits continued to be filed throughout the years that followed. Asbestos litigation grew into a large area of law, and many attorneys started to specialize in asbestos litigation. They only took on cases that were very important. Kazan Law was one firm that was focusing on this in the latter part of the 80s.
Other lawsuits have been won by people who suffered from asbestos-related diseases such as asbestosis or pleural plaques. This is because the disease that caused them was similar to mesothelioma, making it easier for lawyers to prove. These claims also led to the disclosure of secret documents that demonstrated the way asbestos producers attempted to conceal the dangers. In 1989 the Asbestos Ban & Phase Out Rule was enacted.
The Second Case
As the number of people diagnosed with asbestos-related diseases grew, patients and their families began to file lawsuits against companies that mined, made or sold asbestos-containing products. Additionally, mesothelioma patients filed lawsuits against the companies that designed and constructed the buildings they worked in like power plants, shipyards, refineries and factories. The link between asbestos exposure and mesothelioma development is strong.
In the early 1980s the legal fights over asbestos lawsuits got more ferocious, and courts began to rule on many aspects of case processes. A federal court, for example decided that only those suffering from asbestos-related malignancies like mesothelioma and lung cancer were eligible to sue the manufacturers of asbestos products. The ruling, dubbed Borel v. Fibreboard Paper Products Corp., was a major setback to asbestos lawsuit defendants.
At the same time, Nellie Kershaw, a factory worker from Rochdale, England, filed what is believed to be the first well-known legal case against asbestos-related companies. Kershaw, who had been diagnosed with lung issues due to her frequent contact with raw asbestos fibers, attempted to get the firm she worked for to cover her treatment. The company was unable to pay. Kershaw passed away at the age of 33 from lung fibrosis.
The second round of asbestos cases centered on workers who worked in construction sites and were exposed to different types of asbestos-containing building products including fireproofing sprays drywall materials and textures. Asbestos lawyers also prevailed in cases against companies that made the equipment that made use of asbestos-containing materials, like pumps and boilers.
During this time, a number of incriminating documents were discovered that revealed asbestos companies' involvement in conspiracy and fraud. This included the personal records of Johns-Manville president Sumner Simpson, as well as correspondence from the general counsel for another asbestos manufacturer, Raybestos Manhattan. These documents uncovered the conspiracy of these companies to conceal the fact that asbestos was dangerous and to suppress efforts to inform the public about these dangers.
In the mid-1980s to early-1990s, when these and other forms corporate fraud and conspiracy were discovered In the early to mid-1980s, a wave of class actions settlements was launched and other efforts were made to reduce asbestos liability by asbestos companies. These efforts were met with massive opposition from plaintiffs' attorneys and their clients as well as the general public.
The Third Case
By the 1970s, asbestos companies had lost the ability to keep information about the devastating effects of mesothelioma and other asbestos-related diseases from the public. This was due in large part to the fact that major national publications began paying attention to the connection between mesothelioma, asbestos, and other respiratory illnesses, as opposed to small industry newsletters and medical journals. Once asbestos-related serious illnesses were established and patients began filing lawsuits against asbestos-related companies.
One of the major factors that pushed an increase in asbestos lawsuits in the 1970s was a court decision that allowed plaintiffs to use the legal theory of strict liability. Plaintiffs in asbestos cases would be required to prove that asbestos manufacturers were negligent for exposing them. However in the 1973 case of Borel v. Fibreboard, a judge decided that asbestos manufacturers were accountable for any injuries their products caused if the company knew that their product was unsafe and did not inform its employees or the general public about its dangers.
In the wake of this ruling, a number of asbestos producers were forced to file for bankruptcy, a procedure that allows businesses to reorganize itself in bankruptcy court, set money in trusts to pay for asbestos claims and still operate. Johns-Manville was a particularly notable example, as 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 get punitive damages against it.
Since the time, asbestos litigation has continued grow as a result of the growing number of people suffering from asbestos-related illnesses. Asbestos litigation is often complicated because the diseases caused by asbestos can take years to manifest and are not always apparent to those who are diagnosed.
A few victims have been forced to wait for years for compensation from insurance companies even after their employers were found liable. The US Supreme Court has addressed various cases where asbestos companies sought to limit their liability by offering settlements in class action. It has also addressed the question of whether individual defendants could be held accountable for injuries caused by asbestos.
The Fourth Case
Asbestos is an incredibly dangerous mineral, which has sickened or killed hundreds of thousands of people over the decades. Asbestos was also used extensively by manufacturers who knew it was dangerous, but continued to use it.
As the legal system handles these asbestos lawsuits, new developments are taking place constantly. One of the most important legal developments is a decision 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 occurs when employees who handle asbestos while on the job transfer it to their spouses or children at home. The family members are affected by mesothelioma as well as other asbestos-related diseases.
There are many lawsuits filed today by the families of victims based on this type of case. Asbestos lawyers can assist families bring a claim against companies responsible for the asbestos-related injuries suffered by their loved family members.
Another big development in asbestos litigation is the increase in class action lawsuits. These asbestos lawsuits give victims the opportunity to seek justice through the help of an attorney familiarized with the complex legal issues that these cases raise.
Certain asbestos lawyers are opposed to this type of litigation. In fact there have been a number of attempts to pass legislation that would limit the use of class actions in asbestos cases.
Santa Clarita asbestos attorneys You Tube in asbestos litigation is the filing of a lawsuit by Massachusetts residents against four companies for how they handled 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 harmful dust.
Asbestos litigation has been a long-running issue that will likely continue for a number of decades to come. The asbestos industry has tried to shield itself from responsibility using technical legal arguments and by trying to pass legislative remedies which would hinder victims from seeking justice. It appears that a lot of victims, as well as their lawyers, are determined to see justice done.