Why You Should Concentrate On Enhancing Asbestos Lawsuit History
Asbestos Lawsuit History
Lawyers such as Stanley Levy have helped many asbestos victims. People with mesothelioma and other asbestos-related illnesses can sue companies that mined, manufactured, or used asbestos and asbestos-containing products.
The first asbestos lawsuit was filed by Nellie Kershaw. She developed health issues while working in an asbestos fiber manufacturing plant in England. She died at the age of 33 due to fibrosis of her lungs, which was 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 reasons, but they usually involve those who have been exposed to asbestos while at work. This could include workers in factories that made asbestos-related products, people who worked on the construction of buildings that contain asbestos, and even those who were exposed to asbestos secondhand from household products contaminated with asbestos like talcum powder.
People who were exposed to asbestos may develop a variety of diseases including mesothelioma, lung cancer and other respiratory conditions. While some of these illnesses are extremely serious and could be fatal, a lot of people have been able receive compensation for their injuries. This is because many countries have laws that require companies that create dangerous substances to inform those who may be hurt by them.
The first asbestos lawsuit that was filed in 1929 involved a woman by the name of Anna Pirskowski. She was suffering from a variety of symptoms including shortness of breath and the thickening of the fingertip tissue, also known as clubbing. She was awarded a settlement of $75,000 and is believed to be the first class action lawsuit filed in connection with asbestos.
In the years following in the years that followed, more and more asbestos lawsuits were filed. Asbestos litigation became a vast area of law and many lawyers began to specialize in asbestos litigation. They only accepted cases that were extremely serious. Kazan Law was one firm that was focusing on this in the latter part of the 80s.
Other lawsuits were won by people who had suffered from other asbestos-related illnesses such as asbestosis or pleural plaques. This is due to the fact that the disease that caused these was very similar to mesothelioma and therefore simpler for lawyers to prove. These claims led to the release of secret documents which showed how asbestos product manufacturers tried to hide their risks. In 1989, the Asbestos Ban & Phase Out Rule was issued.
The Second Case
As the number of people diagnosed with asbestos attorneys-related diseases grew, patients and their families began bringing lawsuits against companies that mined, produced or sold asbestos-containing products. Mesothelioma sufferers also filed claims against companies that created and built the buildings where they worked, including power plants, shipyards and refineries. The connection between asbestos exposure and mesothelioma growth is solid.
In the early 1980s the legal dispute over asbestos lawsuits began to intensify and courts made rulings on a variety of aspects of the case procedure. A federal court, for instance, ruled that only those suffering from asbestos-related malignancies like mesothelioma or lung cancer were eligible to sue the manufacturers of asbestos products. This ruling, also known as Borel V. Fibreboard Paper Products Corp. was a major setback for asbestos litigation.
At the same time, Nellie Kershaw from Rochdale in England was the first to file what is now seen as the first well-known lawsuit against asbestos companies. Kershaw was diagnosed with lung problems due to her close contact with raw asbestos fibers, tried to convince the company she worked for to pay for her treatments. The company was unable to pay. Kershaw died at 33 years old from fibrosis of her lungs.
The second wave of asbestos lawsuits centered on workers exposed to different types of asbestos-containing building products like fireproofing sprays and drywall products. Asbestos lawyers also prevailed in cases against companies that manufactured the equipment that utilized asbestos-containing materials, such as boilers and pumps.
During this time, a variety of documents incriminating asbestos companies were discovered. These documents proved their involvement in conspiracy and fraud. 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 uncovered the conspiracy of these companies to cover up the fact that asbestos was dangerous and to deflect efforts to inform the public about asbestos' dangers.
In the early to mid-1980s, when these and other forms of corporate fraud and conspiracy were discovered in the 1980s, a wave of class action settlement was initiated, as well as other attempts made to limit asbestos liability were made by asbestos companies. These efforts were met with strong opposition from plaintiffs' attorneys as well as their clients and the public.
The Third Case
In the 1970s, asbestos companies had lost the ability to conceal information about the devastating effects of mesothelioma and the other asbestos-related diseases from the general public. This was due in large part to the fact that the link between asbestos and ailments like asbestosis, mesothelioma and other respiratory problems started receiving attention from major national publications instead of small industry newsletters or medical journals. When the link between asbestos and serious diseases was well established, victims started filing lawsuits against asbestos producers.
In the 1970s, a court decision which allowed plaintiffs to make use of strict liability as a legal principle was one of the primary factors that led to an increase in asbestos lawsuits. Previously asbestos lawsuits, plaintiffs had to show that asbestos manufacturers were negligent in the way they caused their asbestos exposures. 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 unsafe, but did not warn their employees or the general public about the dangers.
In the wake of this ruling, a number of asbestos-related companies were forced to file for bankruptcy, a procedure that allows businesses to reorganize in bankruptcy court, and put money in trusts to pay asbestos claims, and continue to operate. Johns-Manville is a noteworthy case because it was the subject of numerous lawsuits filed by former factory workers who were suffering from asbestosis, lung cancer, and mesothelioma. Kazan Law set several cases against the manufacturer, and was able to get punitive damage verdicts against the company.
Asbestos litigation has grown in the past few years because of the increasing number of asbestos-related diseases. Asbestos cases can be complicated because the diseases they cause can take years to manifest themselves and aren't always apparent to those who are diagnosed.
In addition, some victims have been forced to wait for years to receive compensation from insurance companies after their employers were found to be liable. The US Supreme Court has addressed several cases in which asbestos companies attempted to limit their liability by offering class action settlements. The court has also addressed the question of whether individuals can be held liable for injuries caused by asbestos.
The Fourth Case
Asbestos is an incredibly hazardous mineral that has caused the death or sickness of hundreds of thousands of people over the decades. It's also a substance that was extensively used by companies that knew it was deadly and they continued to employ it in their manufacturing processes.
The legal system is able to handle these asbestos lawsuits with a constant stream of new developments. One of the most important legal developments is the ruling 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. This is when those who handle asbestos while on the job transfer it to their spouses or children living at home. The family members suffer from mesothelioma, or other asbestos-related diseases.
Many lawsuits are filed by the families of victims based on this kind of situation. Asbestos lawyers can aid families file a claim against the company that is responsible for their loved ones' asbestos injuries.
The emergence of class-action lawsuits is a major change in asbestos litigation. These asbestos lawsuits offer victims the chance to pursue justice with the assistance of an attorney who is well-versed in the complicated legal issues these cases present.
While a lot of asbestos lawyers have pushed for this type of lawsuit, there are some who oppose it. In actual fact there have been numerous attempts to pass legislation restricting the use of class actions in asbestos cases.
The most recent major advancement in asbestos litigation was the filing of a suit by Massachusetts residents against four companies over the way they handled asbestos removal and disposal. The lawsuit claimed that the companies did not follow state laws in not properly disposing asbestos and failing to protect residents from toxic dust.
Asbestos litigation is a long-standing issue that is likely to continue for a number of decades to come. The asbestos industry has attempted to shield itself from responsibility using legal arguments based on technicalities, and by trying to pass legislative remedies that would stop victims from seeking justice. It seems that many victims, and their lawyers, are determined to see justice served.