10 Things Everyone Hates About Asbestos Lawsuit History
Asbestos Lawsuit History
Lawyers such as Stanley Levy have helped many asbestos victims. Patients suffering from mesothelioma and asbestos-related diseases can sue companies who 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 manufacturing plant in England. She passed away at the age of 33 due to fibrosis in her lungs, caused by exposure to asbestos.
The First Cases
Asbestos is a dangerous mineral that has ill-treated or killed thousands of people over time. Asbestos claims can be filed for many reasons, but they generally involve those who were exposed to asbestos at work. This includes workers at factories that made asbestos-related items as well as those who worked on the construction of buildings that contain asbestos, and even those who were exposed to asbestos from household products that were contaminated, such as talcum powder.
People who were exposed to asbestos could be afflicted with a variety of diseases including mesothelioma, lung cancer and other respiratory ailments. Although some of these diseases are very serious and can be fatal, a lot of people have been able to receive compensation for their injuries. The majority of countries have laws that require manufacturers of dangerous substances to inform anyone who might be injured.
The first asbestos lawsuit, filed in 1929, included a woman by the name of Anna Pirskowski. She suffered from breath shortness and thickening of the tissue around the fingertip (known as clubbing). She was awarded an amount of $75,000 as a settlement, which is believed to be the first class action lawsuit filed in relation to asbestos.
In the years that followed there were a lot of asbestos lawsuits were filed. Asbestos litigation became a large area of law, and many lawyers began to specialize in asbestos litigation. They only took on cases that were very important. One firm that was involved in 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 individuals who suffered from other 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 allegations led to the public disclosure of secret documents which showed the ways asbestos product manufacturers attempted to hide their risks. This led to the Asbestos Ban and Phase Out Rule being announced in 1989.
The Second Cases
As the number of people diagnosed with asbestos-related diseases grew, patients and their families began filing lawsuits against companies that mined, produced or sold asbestos-containing products. Mesothelioma victims also filed claims against the companies that created and built the buildings where they worked such as power plants, shipyards and refineries. The connection between asbestos exposure and mesothelioma growth is very strong.
In the early 1980s, legal battles over asbestos lawsuits became 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 asbestos-related malignancies such as mesothelioma and lung cancer could bring a lawsuit against the makers of asbestos products. This ruling, also known as Borel V. Fibreboard Paper Products Corp. was a major setback in asbestos litigation.
At the same time, Nellie Kershaw from Rochdale in England was the first to file what is now seen as the first known lawsuit against asbestos-related companies. Kershaw, a factory worker from Rochdale, England, was diagnosed with lung issues caused by her frequent exposure to raw asbestos fibers. Kershaw tried to convince her employer to pay for the treatment. The company, however, refused. Kershaw passed away in her 30s from fibrosis.
The second phase of asbestos lawsuits focused on people who had been exposed to different kinds of asbestos-containing building materials, such as fireproofing sprays and drywall products. Asbestos lawyers also won lawsuits against companies who manufactured the equipment that made use of asbestos-containing products, such as pumps and boilers.
During this time, numerous incriminating documents were uncovered that proved asbestos companies were involved in fraud and conspiracy. This included the personal records of Johns-Manville president Sumner Simpson, as well as correspondence from the general counsel for another asbestos producer, Raybestos Manhattan. These documents uncovered the conspiracy of these companies to cover up knowledge that asbestos was dangerous and to suppress efforts to inform the public of the dangers.
In the early to mid-1980s, when these and other forms of corporate fraud and conspiracy were uncovered, a wave class action settlement was initiated, as well as other attempts were made to limit asbestos liability by asbestos companies. These attempts were met with fierce resistance from plaintiffs’ attorneys and their clients as well as the public.
The Third Cases
By the 1970s, asbestos-related companies had lost the ability to keep information about the devastating effects of mesothelioma and other asbestos-related illnesses from the public. This was due in large part to the fact that major national publications began to pay attention to the link between mesothelioma, asbestos, and other respiratory diseases, rather than small industry newsletters and medical journals. Once the connection between asbestos and serious diseases was established, patients began filing lawsuits against asbestos manufacturers.
One of the primary factors that pushed more asbestos lawsuits in 1970s was a court ruling that allowed plaintiffs to use the legal theory of strict liability. Plaintiffs in asbestos cases used to need to prove that asbestos producers were negligent in exposing them to. However, in the 1973 case of Borel v. Fibreboard, a judge decided that asbestos manufacturers were responsible for any injuries their products caused when the company knew their product was hazardous and did not warn its employees or the general public about the dangers.
In the wake of this ruling, a number of asbestos producers filed for bankruptcy, a process which allows a company to reorganize itself in bankruptcy court, and put funds aside in trusts to cover asbestos claims, and then continue to operate. Johns-Manville is a notable example. It was the victim of many lawsuits filed by former employees who were suffering from asbestosis, mesothelioma and lung cancer. Kazan Law set several cases against the manufacturer, and was able to get punitive damage verdicts against the company.
Asbestos lawsuits have increased since then due to the rising number of asbestos-related illnesses. Asbestos litigation is often complicated due to the fact that the ailments caused by asbestos can take a long time to manifest and are not always apparent to those who are diagnosed.
Additionally, some 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 addressed various cases where asbestos companies tried to limit their liability by offering settlements in class action. It also has addressed the question of whether individual defendants can be held accountable for asbestos related injury.
Winston-Salem asbestos lawyer , a mineral which is extremely dangerous, has sickened and killed hundreds of thousands over the years. It's also a material that was used extensively by companies who knew it was dangerous, and yet they continued to employ it in their manufacturing processes.
As the legal system deals these asbestos lawsuits with a constant stream of new developments. One of the most significant legal developments is a case called Lubbe v Cape Plc, which set a precedent that allows victims to sue multinational corporations in their home jurisdictions for compensation.
Often, these cases involve exposure to asbestos in the second degree. This happens when workers who handle asbestos on the job transfer it to their spouses or children at home. The family members then suffer from mesothelioma and other asbestos-related diseases.
This kind of case is the basis for many lawsuits brought by the families of victims of asbestos today. Asbestos lawyers can help families file a claim against the companies that caused the asbestos injuries of their loved ones.
The rise of class action lawsuits is another major development in asbestos litigation. These asbestos lawsuits allow victims to pursue justice with the aid of a lawyer who is well-versed in the legal issues these cases raise.
While a lot of asbestos lawyers have pushed for this kind of litigation, there are some who oppose it. There have been several attempts at passing legislation to limit the use class actions in asbestos lawsuits.
The most recent significant development in asbestos litigation was the filing of a lawsuit filed by Massachusetts residents against four companies regarding how they dealt with asbestos abatement and disposal. The lawsuit alleged the companies did not follow state laws in not properly disposing asbestos and exposing residents to the harmful dust.
Asbestos litigation has been going on for decades, and it's likely that it will continue to do so well into the future. The asbestos industry has tried to shield itself from responsibility by bringing up technical legal arguments and attempting to get legislative remedies passed which would stop victims from seeking justice. However, it appears that many victims and lawyers are determined to see justice done.