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Are You Getting The Most Of Your Asbestos Lawsuit History?
Asbestos Lawsuit History

Lawyers like 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 or asbestos-containing products.

The first asbestos lawsuit was filed by Nellie Kershaw. She developed health issues while working in an asbestos fiber factory in England. She died at age 33 from fibrosis of the lung due to asbestos exposure.

The First Cases

Asbestos, a hazardous mineral, has sickened and killed thousands throughout the years. Asbestos claims are filed for a variety reasons, but the majority involve those who were exposed to asbestos at work. This includes workers who worked in factories that manufactured asbestos-related products or at the construction site of buildings with asbestos. It can also be people who were exposed asbestos through household products like talcum powder.

Those who were exposed to asbestos could develop a variety of illnesses like mesothelioma, lung cancer and other respiratory diseases. Many have received compensation for their injuries, even though some of these diseases can be fatal. Most countries have laws requiring companies that create dangerous substances warn anyone who may be injured.

The first asbestos lawsuit was filed in 1929. It was filed by a woman whose name was Anna Pirskowski. She suffered from shortness of breathe and thickening in the tissue around the fingertip (known as clubbing). She was awarded a settlement of $75,000 in what is believed to be a first-ever class action lawsuit that dealt with asbestos.

Asbest lawsuits continued to be filed in the years following. Asbestos litigation became a vast area of law and many lawyers started to specialize in asbestos litigation. lawyers asbestos would take on cases that were very serious. Kazan Law was one firm that focused on this in the late 80s.

Other lawsuits were won by people who suffered from other asbestos-related illnesses like asbestosis or plaques in the pleural cavity. This is because the condition that caused these was similar to mesothelioma and therefore easier for lawyers to prove. These claims also led to the revelation of secret documents that showed how asbestos-related manufacturers tried to conceal the risks. This led to the Asbestos Ban and Phase Out Rule being issued in 1989.

The Second Cases

As the number of people diagnosed with asbestos-related diseases grew, victims and families began to file lawsuits. These lawsuits were brought against companies that mined asbestos, produced asbestos-containing products or sold asbestos-containing products. Mesothelioma victims also filed claims against the companies that created and built the buildings in which they worked including shipyards, power plants, and refineries. The connection between asbestos exposure and mesothelioma development is strong.


In the early 1980s, legal battles over asbestos lawsuits became more ferocious and courts began to rule on various aspects of the case process. For example a federal court decided that only those suffering from a malignant asbestos-caused disease such as mesothelioma or lung cancer are able to bring an action against the makers of the asbestos products they used. This ruling, also referred to as Borel V. Fibreboard Paper Products Corp. was an important setback in asbestos litigation.

The same time, Nellie Kershaw from Rochdale in England filed what is regarded as the first well-known lawsuit against asbestos companies. Kershaw was diagnosed with lung issues due to her frequent contact with raw asbestos fibers, tried to get the firm she worked for to pay for her medical treatments. The company was unable to pay. Kershaw died in her 30s from fibrosis.

The second phase of asbestos lawsuits centered on those who were exposed to various types of asbestos-containing building products like fireproofing sprays and drywall products. Asbestos lawyers also won lawsuits against companies who manufactured the equipment that made use of asbestos-containing materials, such as pumps and boilers.

During this time, a number of incriminating documents were discovered that demonstrated asbestos companies' involvement in a scheme of fraud and. The documents included personal files of Johns-Manville President Sumner Simpson and correspondence from the general attorney of another asbestos producer, Raybestos Manhattan. These documents revealed a shady alliance between these companies to hide the dangers of asbestos and suppress efforts to warn the public.

The discovery of these and other forms of corporate fraud and collusion in the mid- to late 1980s led to a flurry of class action settlements as well as 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

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

In the 1970s, a court ruling that allowed plaintiffs the use of strict liability as a legal concept was one of the main reasons for an increase in asbestos lawsuits. Previously, plaintiffs in asbestos cases had to show that asbestos manufacturers were negligent in the way they caused their exposure to asbestos. However in the 1973 case of Borel v. Fibreboard, a judge decided that asbestos manufacturers were responsible 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 the dangers.

After this ruling, many asbestos producers filed for bankruptcy. This process allows a business, while still in operation, to organize itself in bankruptcy court and place funds into trusts to pay asbestos claimants. Johns-Manville was a particularly noteworthy case because it was slammed with a variety of lawsuits brought by 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.

Since the time asbestos litigation has continued grow due to the growing number of people suffering from asbestos-related illnesses. Asbestos cases are often complex because the diseases they cause can take decades to manifest and aren't always obvious to those diagnosed.

Additionally, some victims have been forced to wait for years to receive compensation from insurance companies after their employers were found to be responsible. The US Supreme Court has addressed various cases where asbestos companies sought to limit their liability by offering settlements for class actions. It has also discussed whether individuals can be held accountable for asbestos related injury.

The Fourth Case

Asbestos is an incredibly hazardous mineral that has killed or sickened hundreds of thousands of people over the years. It's also a material that was used extensively by companies who knew it was deadly and they continued to use it in their manufacturing processes.

As the legal system deals these asbestos lawsuits with a constant stream of new developments. One of the most important legal developments is a decision called Lubbe v Cape Plc, which set the precedent for victims to sue multinational companies in their home jurisdictions for compensation.

These cases often involve secondary asbestos exposure. Workers who work with asbestos work may pass it on to their families or spouses. Family members are affected by mesothelioma as well as other asbestos-related diseases.

This type of case is the basis for a variety of lawsuits brought by the families of victims of asbestos today. Asbestos lawyers can help families file a claim against the responsible parties for the asbestos-related injuries suffered by their loved ones.

Another big change in asbestos litigation has been the emergence of class action lawsuits. These asbestos lawsuits offer victims the chance to seek justice through the help of an attorney who is familiarized with the complex legal issues these cases bring up.

Certain asbestos lawyers are opposed to this type of litigation. In actual fact there have been numerous attempts to pass legislation to limit the use of asbestos-related class actions.

The latest major change in asbestos litigation is the filing a suit by Massachusetts residents against four companies for handling asbestos removal and disposal. The lawsuit alleged that the companies violated state law by not properly disposing of asbestos and failing to safeguard residents from the harmful dust.

Asbestos litigation has been going on for decades and it's likely that 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 remedies that would stop victims from seeking justice. However, it seems that many victims and their attorneys are determined to see justice done.

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