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How To Save Money On Asbestos Lawsuit History
Asbestos Lawsuit History


Many asbestos victims have received assistance from lawyers such as Stanley Levy. Patients suffering from asbestos-related diseases, 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 was diagnosed with health issues. She died at the age of 33 of fibrosis of the lung caused by asbestos exposure.

The First Cases

Asbestos, a dangerous mineral, has afflicted and killed thousands throughout the years. Asbestos claims can be filed for many reasons, but they usually involve those who were exposed to asbestos at work. This includes employees who worked in factories that produced asbestos-related products or at the construction sites of buildings with asbestos. It can also be people who were exposed to asbestos through household products such as talcum powder.

Exposure to asbestos can cause various diseases which include mesothelioma, lung cancer, and other respiratory ailments. While some of these ailments are serious and may be fatal, a lot of people have been able to obtain compensation for their injuries. Most countries have laws requiring manufacturers of dangerous substances to inform anyone who might be injured.

The first asbestos lawsuit, filed in 1929, involved a woman by the name of Anna Pirskowski. She was suffering from shortness of breath and thickening of the tissue around the fingertip (known as clubbing). She received a settlement amounting to $75,000 in what is believed to be the first class action lawsuit that involved asbestos.

Asbest lawsuits continued to be filed in the years following. Asbestos litigation became a very broad area of law and many lawyers began to specialize in asbestos litigation. They only would take on cases that were very important. Chesapeake asbestos attorneys You Tube that took on this was Kazan Law, which in the late 1980s started to concentrate on the bringing of cases on behalf of people with mesothelioma.

Other lawsuits were won by people who suffered from other asbestos-related diseases like asbestosis or pleural plaques. The disease that caused them was like mesothelioma which makes it simpler to prove for lawyers. These claims led to the disclosure of secret documents that revealed how asbestos manufacturers tried to conceal their risks. This led to the Asbestos Ban and Phase Out Rule being enacted in 1989.

The Second Case

As the number of people suffering from asbestos-related diseases grew, patients and their families began filing lawsuits against companies that mined, made or sold asbestos-containing products. Mesothelioma sufferers also filed claims against companies who designed and constructed the structures that they worked in, including shipyards, power plants and refineries. The connection between mesothelioma and asbestos exposure is solid.

In the early 1980s the legal litigation over asbestos lawsuits started to get more intense and the courts made rulings on a variety of aspects of the litigation process. For example a federal court decided that only individuals suffering from malignant asbestos-related disease such as mesothelioma or lung cancer are eligible to file lawsuits against the producers of the asbestos products they used. This ruling, dubbed Borel v. Fibreboard Paper Products Corp. was a major setback for defendants in asbestos litigation.

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, a factory worker from Rochdale, England, was diagnosed with lung problems due to her exposure to asbestos fibers. She attempted to convince her employer to pay for the treatment. However, the company refused. Kershaw passed away at 33 years old from lung fibrosis.

The second round of asbestos lawsuits centered on those who were exposed to various types asbestos-containing building products, such as fireproofing sprays, and drywall products. Asbestos lawyers also prevailed in lawsuits against companies who manufactured the equipment that utilized asbestos-containing products, such as boilers and pumps.

During this time, a number of incriminating documents were discovered that proved asbestos companies were involved in conspiracy and fraud. These 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 hide the fact that asbestos was dangerous and to deflect efforts to inform the public about the dangers.

The discovery of these, and other forms of corporate fraud and collusion in the early and mid-1980s caused a surge of class action settlements as well as other attempts at limiting asbestos liability for asbestos-related companies. These attempts were met by fierce resistance from plaintiffs’ attorneys as well as their clients and the general public.

The Third Cases

By the 1970s asbestos companies could no longer hide the deadly effects of asbestos-related illnesses like mesothelioma from the public. This was due to the fact that the connection between asbestos and illnesses like asbestosis, mesothelioma and other respiratory ailments began getting attention from major national publications instead of just small industry newsletters or medical journals. When the links between asbestos and serious illness were well established and patients began filing lawsuits against asbestos manufacturers.

One of the primary factors that pushed an increase in asbestos lawsuits in the 1970s was a ruling by the courts which allowed plaintiffs to apply the legal theory of strict liability. Plaintiffs in asbestos cases used to be required to prove that asbestos producers were negligent for exposing them. However in the 1973 case of Borel v. Fibreboard, a judge ruled that asbestos manufacturers were liable for any injuries they caused if the company knew that their product was unsafe and did not inform its employees or the general public about its dangers.

Following this ruling, a lot of asbestos producers were forced to file for bankruptcy. This allows a company, even if still in operation, to organize itself in bankruptcy court and put money in trusts to pay asbestos claimants. Johns-Manville is an example. It was the victim of numerous lawsuits brought by former factory workers who suffered from asbestosis, mesothelioma, and lung cancer. Kazan Law set several cases against the manufacturer and was able to win punitive damage verdicts against the company.

Asbestos lawsuits have increased since then because of the increasing number of asbestos-related diseases. Asbestos litigation can be complicated because the diseases caused by asbestos can take years to manifest and aren't always obvious to those who have been diagnosed.

Some victims have also been waiting for years to receive reimbursement from insurance companies, even after their employers were found liable. The US Supreme Court has dealt with a variety of cases involving class action settlements that asbestos companies offered in an attempt to limit their liability and has also looked into the question of whether or not it is possible to hold individuals responsible for asbestos-related injury.

The Fourth Case

Asbestos, a mineral which is extremely hazardous, has sickened and killed hundreds of thousands over the many years. It's also a substance that was extensively used by companies who knew it was deadly and they continued to make use of it in their manufacturing processes.

As the legal system handles asbestos lawsuits, there are always new developments. One of the most important legal developments is the ruling Lubbe v. Cape Plc. This set the precedent for victims to sue multinational corporations in their home countries to recover compensation.

These cases typically involve secondary asbestos exposure. This occurs when employees who handle asbestos while on the job transfer it to their spouses or children living at home. Family members are affected by mesothelioma as well as other asbestos-related diseases.

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

The rise of class action lawsuits is a significant development in asbestos litigation. These asbestos lawsuits allow victims to seek justice with the aid of a lawyer who is familiar with the complex legal issues that these cases raise.

Certain asbestos lawyers are against this type of litigation. There have been numerous initiatives to pass legislation that limit the use class actions in asbestos lawsuits.

The most recent 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 disposing of asbestos properly and failing to safeguard residents from toxic dust.

Asbestos litigation is a long-standing problem that will likely persist for many decades to come. The asbestos industry has attempted to avoid liability through technical legal arguments, and by trying to pass legislative remedies that would prevent victims from seeking justice. However, it appears that many victims and their lawyers are determined to get justice.

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