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20 Resources That'll Make You More Efficient At Asbestos Lawsuit History
Asbestos Lawsuit History

Lawyers like Stanley Levy have helped many asbestos victims. People suffering from asbestos-related illnesses such as mesothelioma can sue companies who mined asbestos, made or used asbestos.

Nellie Kershaw was the first to file an asbestos lawsuit. She worked at a factory that made asbestos fibers in England and developed health issues. She died at the age of 33 due to fibrosis in her lungs, which was caused by asbestos exposure.

The First Cases

Asbestos, a hazardous mineral, has infected and killed thousands throughout the years. Asbestos claims are filed for many reasons, but the majority involve people who have been exposed to asbestos at work. This can include workers at factories that made asbestos-related items 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.

Those who were exposed to asbestos could be afflicted with a variety of illnesses like mesothelioma, lung cancer, and other respiratory conditions. Many people have received compensation for their injuries even though some these diseases can be fatal. This is largely because most countries have laws that require companies that create dangerous substances to inform those who could be injured 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 range of symptoms, including breathlessness and thickening of the tissue around the fingers, which is called clubbing. She was awarded an amount of $75,000 in settlement and is believed to be the first class action lawsuit in relation to asbestos.

In the years that followed in the years that followed, more and more asbestos lawsuits were filed. Asbestos litigation became a very broad area of law and many attorneys began to specialize in asbestos litigation. They only took on cases that were extremely serious. Kazan Law was one firm that specialized in this area in the late 80s.

Other lawsuits were won by those who had suffered from other asbestos-related illnesses like asbestosis or plaques in the pleural cavity. The condition that caused them was very similar to the mesothelioma, making it more straightforward to prove for lawyers. These claims led to the release of secret documents which showed how asbestos manufacturers tried to hide their risks. In 1989, the Asbestos Ban & Phase Out Rule was issued.

The Second Cases

As the number diagnosed with asbestos-related illnesses grew, victims and families began filing lawsuits. These lawsuits were filed against businesses who mined asbestos, made asbestos-containing products, or sold asbestos-containing goods. Mesothelioma victims also filed claims against companies that created and built the buildings that they worked in, including power plants, shipyards and refineries. The link between mesothelioma and asbestos exposure is very strong.

In the early 1980s the legal dispute over asbestos lawsuits began to escalate and the courts made rulings on a variety of aspects of the process. A federal court, for example, ruled that only those suffering from malignant asbestos-caused diseases like mesothelioma and lung cancer were able to bring a lawsuit against the makers of asbestos products. This ruling, known as Borel v. Fibreboard Paper Products Corp. is a major setback for asbestos lawsuit defendants.

Around the same time, Nellie Kershaw, a factory worker from Rochdale, England, filed what is considered the first well-known legal case against asbestos companies. Kershaw, who had been diagnosed with lung ailments due to her frequent contact with raw asbestos fibers, attempted to get the company she worked for to cover her treatment. However, the company refused. Kershaw passed away in her 30s from fibrosis.

The second round of asbestos cases focused on workers who worked at construction sites and were exposed types of asbestos-containing building materials, including fireproofing sprays, drywall products and textures. Asbestos attorneys also brought successful cases against companies that produced equipment that contained asbestos-containing materials, such as boilers and pumps.

During this time, many documents pertaining to asbestos companies were uncovered. These documents revealed their involvement in conspiracies and fraud. These 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 revealed a conspiracy between these two companies to hide asbestos' dangers and to thwart efforts to warn the public.

In the mid-1980s to early-1990s, when these and other forms corporate fraud and conspiracy were exposed, a wave class action settlements was launched, along with other attempts were made to limit asbestos liability by asbestos companies. These efforts were met with fierce opposition from plaintiffs' lawyers and their clients, as as the general public at large.

The Third Cases

In the 1970s, asbestos companies were no longer able conceal the devastating effects of asbestos-related diseases like mesothelioma from the public. This was largely due to the fact that the connection between asbestos and diseases like mesothelioma, asbestosis, and respiratory diseases like asthma began getting attention from major national publications instead of small medical journals or industry newsletters. After the links between asbestos and serious illnesses were established and the victims began filing lawsuits against asbestos manufacturers.

In the 1970s, a court ruling which allowed plaintiffs to make recourse to strict liability as a legal concept was one of the main factors that led to an increase in asbestos lawsuits. Plaintiffs in asbestos cases used to have to prove that asbestos manufacturers were negligent in exposing them. In the 1973 case Borel v. Fibreboard a judge ruled asbestos manufacturers liable for any injuries resulting from their products if they knew their product was dangerous but did not warn their employees or the general public about its dangers.

After the ruling, a number of asbestos producers were forced to file for bankruptcy. This procedure allows a business, while still in operation, to organize itself in bankruptcy court and to put money into trusts to pay asbestos claimants. Johns-Manville was an especially notable case, since it was hit with numerous lawsuits brought by former factory workers who were suffering from asbestosis, lung cancer and mesothelioma. Kazan Law brought several cases against the manufacturer and was able to win punitive damages verdicts against it.

Since then asbestos litigation has continued to increase due to the growing number of people suffering from asbestos-related diseases. Asbestos litigation is often complex because the illnesses caused by asbestos can take a long time to manifest and are not always apparent to those who are diagnosed.

Some victims have had to wait years for compensation from insurance companies, even after their employers were found responsible. The US Supreme Court has addressed various cases where asbestos companies sought to limit their liability by offering class action settlements. It has also considered whether individual defendants could be held liable for injuries resulting from asbestos.

The Fourth Cases

Asbestos, a mineral which is extremely harmful, has sickened and killed hundreds of thousands over the years. Asbestos was also extensively used by manufacturers who knew it was dangerous yet continued to make use of it.

As the legal system deals with these asbestos lawsuits and asbestos lawsuits, new developments take place all the time. One of the most significant legal developments is a decision known as Lubbe v. Cape Plc, which set an example that allows asbestos victims to sue multinational corporations in their home jurisdictions to recover compensation.

Often, these cases involve secondary exposure to asbestos. This is when those who handle asbestos on the job pass it to their spouses or children living at home. The family members are affected by mesothelioma as well as other asbestos-related illnesses.


Many lawsuits are filed today by the families of victims of this type of case. Asbestos lawyers can aid families file a lawsuit against the company that is responsible for their loved ones' asbestos-related injuries.

asbestos trust fund payouts of class-action lawsuits is a major change in asbestos litigation. These asbestos lawsuits give victims the opportunity to seek justice through the help of an attorney well-versed in the complicated legal issues these cases bring up.

Certain asbestos attorneys are against this type of litigation. In fact there have been numerous attempts to pass legislation restricting the use of asbestos-related class actions.

The latest major advancement in asbestos litigation is the filing an action by Massachusetts residents against four companies for how they handled asbestos removal and disposal. The lawsuit alleged that the companies violated the law of the state by not properly disposing of asbestos and failing to protect residents from harmful dust.

Asbestos litigation has been a long-running issue that will likely continue for a long time. The asbestos industry has attempted to avoid responsibility through legal arguments that are technical and also by attempting to pass legislative solutions that would prevent victims from seeking justice. It seems that many victims, as well as their lawyers are determined to get justice acted upon.

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