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Asbestos Lawsuit History
Lawyers like Stanley Levy have helped many asbestos victims. People with asbestos-related diseases such as mesothelioma are able to sue companies that mined or manufactured asbestos.
Nellie Kershaw filed her first asbestos lawsuit. She worked at a factory that made asbestos fibers in England and developed health problems. She died at the age of 33 of fibrosis of the lung caused by asbestos exposure.
The First Cases
Asbestos is a dangerous mineral that has afflicted or killed thousands of people over the years. Asbestos claims are filed for many reasons, but they usually involve people who have been exposed to asbestos in their work. This includes those who worked in factories that produced asbestos-related products or at the construction site of buildings with asbestos. It could also include people who were exposed to asbestos through household products like talcum powder.
People who were exposed to asbestos can develop a variety of diseases including mesothelioma, lung cancer and other respiratory diseases. While some of these illnesses are very serious and can be fatal, a lot of people have been able receive compensation for their injuries. Many countries have laws that require companies that create dangerous substances warn anyone who could be injured.
The first asbestos lawsuit was filed in 1929 and involved a woman named Anna Pirskowski. She was suffering from a number of symptoms, including shortness of breath and the thickening of the fingertip tissue, which is also known as clubbing. She received a settlement worth $75,000 in what is believed to be a first-ever class action lawsuit that dealt with asbestos.
Asbest lawsuits continued to be filed throughout the years that followed. Some of these cases were extremely large, and a number of attorneys began to specialise in asbestos litigation. They only took on cases that were very serious. One firm that was involved in this was Kazan Law, which in the late 1980s began to concentrate on the bringing of cases on behalf of people with mesothelioma.
Other lawsuits have been won by those who suffered from asbestos-related illnesses, such as asbestosis and pleural plaques. This is because the disease that caused these was very like mesothelioma making it more straightforward for lawyers to prove. These claims led to the release of secret documents which showed how asbestos manufacturers tried to hide their risks. This led to the Asbestos Ban and Phase Out Rule being enacted in 1989.
The Second Case
As the number diagnosed with asbestos-related disease increased, victims and families began filing lawsuits. These lawsuits were filed against businesses that mined asbestos, produced asbestos-containing products, or sold asbestos-containing goods. Mesothelioma sufferers also filed lawsuits against companies who created and built the buildings where they worked, including shipyards, power plants 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 many aspects of case processes. A federal court, for instance, ruled that only those suffering from malignant asbestos-related diseases like mesothelioma or lung cancer could take on asbestos manufacturers. products. This ruling, known as Borel v. Fibreboard Paper Products Corp., was a major setback for asbestos lawsuit defendants.
At the same time, Nellie Kershaw from Rochdale in England filed what is now regarded as the first known lawsuit against asbestos-related companies. Kershaw, an employee in a factory in Rochdale, England, was diagnosed with lung problems caused by her frequent exposure to asbestos fibers. Kershaw tried to convince her employer to cover the cost of treatment. But, Deerfield Beach asbestos attorneys was unable to agree. Kershaw died in her 30s from fibrosis.
The second wave of asbestos cases centered on workers who worked at construction sites and were exposed to various kinds of asbestos-containing building materials such as fireproofing sprays, drywall products and textures. Asbestos lawyers also brought successful cases against companies who made equipment that utilized asbestos-containing materials, such as pumps and boilers.
During this time, many documents that implicated asbestos companies were discovered. These documents revealed their involvement in fraud and conspiracies. The documents included the personal files of Johns-Manville President Sumner Simpson and correspondence from the general attorney of another asbestos producer, Raybestos Manhattan. These documents uncovered the conspiracy of these companies to cover up the fact that asbestos was hazardous and to suppress efforts to inform the public of these dangers.
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 efforts to limit asbestos liability for asbestos-related companies. These efforts were met with fierce opposition from plaintiffs' lawyers and their clients, as well as the general public in general.
The Third Case
In the 1970s, asbestos-related companies had lost the ability to hide information about the devastating effects of mesothelioma and the other asbestos-related diseases from the public. This was due in large part to the fact that major national journals began paying attention to the link between asbestos, mesothelioma and other respiratory diseases, instead of small industry medical journals and newsletters. When the links between asbestos and serious illness were well established and patients began filing lawsuits against asbestos-related companies.
One of the primary factors that pushed more asbestos lawsuits in 1970s was a court ruling that allowed plaintiffs to use the legal concept of strict liability. Plaintiffs in asbestos cases used to need to prove that asbestos producers were negligent for 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 inform their employees or the general public about its dangers.
In the wake of this ruling, a number of asbestos manufacturers were forced to file for bankruptcy, a process that allows businesses to be reorganized in bankruptcy court, and put money aside in trusts to pay for asbestos claims, and continue to be in operation. Johns-Manville is a notable example. It was a victim of many lawsuits filed by former factory 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 litigation has increased in the past few years due to the rising number of asbestos-related diseases. Asbestos lawsuits are often complicated, as the illnesses that they cause can take a long time to manifest themselves and aren't always obvious to those diagnosed.
A few victims have been waiting for years to receive reimbursement from insurance companies, even after their employers were found liable. The US Supreme Court has addressed several cases in which asbestos companies tried to limit their liability by offering class action settlements. It has also discussed whether individual defendants can be held accountable for asbestos related injury.
The Fourth Case
Asbestos, a mineral which is extremely harmful, has sickened and killed hundreds of thousands of people over the decades. Asbestos was also used extensively by manufacturers who knew it was dangerous yet continued to make use of it.
As the legal system handles these asbestos lawsuits with a constant stream of new developments. One of the most important legal developments is the decision Lubbe v. Cape Plc. This set the precedent for victims to sue multinational corporations in their home countries for compensation.
Often, these cases involve exposure to asbestos in the second degree. Workers who handle asbestos at work can transfer it to their families or spouses. Family members suffer from mesothelioma and other asbestos-related diseases.
Many lawsuits are filed by the families of victims of this type of case. Asbestos lawyers can help families bring a case against companies responsible for the asbestos-related injuries suffered by their loved ones.
Another significant development in asbestos litigation is the rise of class action lawsuits. These asbestos lawsuits permit victims to pursue justice with the aid of a lawyer who is experienced in the complicated legal issues these cases raise.
Some asbestos attorneys are against this kind of litigation. In fact, there have been several attempts to pass legislation restricting the use of asbestos class actions.
The most recent major advancement in asbestos litigation is the filing of an action by Massachusetts residents against 4 companies over their handling of asbestos removal and disposal. The lawsuit alleged that the companies had violated state law by not disposing of asbestos properly and failing to safeguard residents from toxic dust.
Asbestos litigation has been going on for a long time and it's likely that it will continue to do so for a long time to come. The asbestos industry has attempted to avoid accountability by bringing up technical legal arguments and by trying to pass legislative remedies that would block victims from seeking justice. It appears that many victims, as well as their lawyers are determined to see justice acted upon.
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