How To Save Money On Asbestos Lawsuit History
Asbestos Lawsuit History
Lawyers such as Stanley Levy have helped many asbestos victims. People with mesothelioma and other asbestos-related diseases can sue companies who mined, manufactured or used asbestos or asbestos-containing products.
The first asbestos lawsuit was filed by Nellie Kershaw. She worked in a factory that spun asbestos fibers in England and developed health problems. She passed away at the age of 33 from fibrosis of the lungs caused by asbestos exposure.
The First Cases
Asbestos, a hazardous mineral, has afflicted and killed thousands of people throughout the years. Asbestos claims can be filed for many reasons, but they typically involve those who were exposed to the substance at work. This includes workers at factories that produced asbestos-related products or those working in the construction of buildings containing asbestos and even those who were exposed to secondhand asbestos from contaminated household products like talcum powder.
Exposure to asbestos can lead to many different illnesses which include mesothelioma, lung cancer, and other respiratory problems. Although some of these diseases are extremely serious and could 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 was filed in 1929 and was filed by a woman whose name was Anna Pirskowski. She was suffering from a number of symptoms, including breathlessness and thickening of the fingertip tissue, also known as clubbing. She was awarded an amount of $75,000 as a settlement that is believed to be the first class action lawsuit filed in relation to asbestos.
Asbest lawsuits continued to be filed throughout the years that followed. Asbestos litigation grew into a vast area of law and many attorneys started to specialize in asbestos litigation. Rialto asbestos lawsuits meant that they only dealt with the most serious cases. One firm that was involved in this was Kazan Law, which in the late 1980s began to focus on the bringing of cases on behalf of mesothelioma patients.
Other lawsuits were won by people who had been diagnosed with other asbestos-related diseases like asbestosis or plaques in the pleural cavity. This is because the condition that caused these was very similar to mesothelioma, making it simpler for lawyers to prove. These claims also led to the revelation of secret documents that revealed the way asbestos producers tried to conceal the risks. This led to the Asbestos Ban and Phase Out Rule being enacted in 1989.
The Second Cases
As the number diagnosed with asbestos-related diseases grew, victims and families began bringing lawsuits. These lawsuits were brought against companies who mined asbestos, made asbestos-containing products or sold products containing asbestos. Mesothelioma sufferers also filed claims against companies who designed and constructed the buildings where they worked, including power plants, shipyards and refineries. The correlation between asbestos exposure and mesothelioma's development is strong.
In the early 1980s, the legal dispute over asbestos lawsuits began to get more intense and the courts made rulings on a variety of aspects of the case procedure. For example a federal court ruled that only those suffering from malignant asbestos-related disease like mesothelioma or lung cancer are able to bring a lawsuit against the manufacturers of asbestos-related products they employed. This ruling, known as Borel v. Fibreboard Paper Products Corp. was an important setback for defendants in asbestos litigation.
At the same time, Nellie Kershaw, a factory worker from Rochdale, England, filed what is believed to be the first well-known legal case against asbestos companies. Kershaw, who had been diagnosed with lung problems caused by her close contact with asbestos fibers, tried to get the company she worked for to cover her treatment. The company, however, refused. Kershaw passed away in her 30s from fibrosis.
The second round of asbestos cases focused on those who worked in construction sites and were exposed to different kinds of asbestos-containing building materials such as fireproofing sprays, drywall products and textures. Asbestos attorneys also brought successful cases against companies that produced equipment that contained asbestos-containing material, such as boilers and pumps.
During this time, a variety of documents pertaining to asbestos companies were discovered. These documents showed their involvement in conspiracies and fraud. This 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 companies to hide asbestos' dangers and deflect efforts to educate the public.
The discovery of these and other types of corporate fraud and conspiracy in the early to mid-1980s sparked a wave of class action settlements as well as other attempts at limiting asbestos liability for asbestos-related companies. These attempts were met with fierce resistance from plaintiffs' attorneys and their clients, as as the public in general.
The Third Cases
By the 1970s, asbestos-related companies had lost the ability to conceal information about the devastating effects of mesothelioma and other asbestos-related diseases from the general public. This was due in large part to the fact major national publications began paying attention to the connection between mesothelioma, asbestos, and other respiratory diseases, instead of small industry medical journals and newsletters. When asbestos-related serious illnesses were well-established and the victims began filing lawsuits against asbestos-related companies.
One of the primary factors that pushed more asbestos lawsuits in 1970s was a court ruling which allowed plaintiffs to apply the legal theory of strict liability. Plaintiffs in asbestos cases would have to prove that asbestos manufacturers were negligent in exposing them to. However in the 1973 case of Borel v. Fibreboard, a judge decided that asbestos manufacturers were responsible for any injuries they caused when the company knew their product was dangerous and failed to warn its employees or the public about its dangers.
In the wake of this ruling, a number of asbestos manufacturers have filed for bankruptcy, a process that allows a business to be reorganized in bankruptcy court, and put funds aside in trusts to pay asbestos claims, and continue to continue to operate. Johns-Manville was a particularly notable example, as 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 obtain punitive damages against it.
Asbestos litigation has grown since then due to the growing number of asbestos-related diseases. Asbestos litigation can be complicated due to the fact that the ailments caused by asbestos can take a long time to manifest and aren't always obvious to those who have been diagnosed.
In addition certain victims have been forced to wait for years to receive compensation from insurance companies after their employers were found responsible. The US Supreme Court has dealt with numerous cases involving class action settlements that asbestos companies offered in an attempt to limit their liability and it has also pondered the question of whether or not it is possible to hold defendants accountable for injuries caused by asbestos.
The Fourth Case
Asbestos is a highly hazardous mineral that has caused the death or sickness of hundreds of thousands of people over the years. Asbestos was also used extensively by companies who knew it was a risk yet continued to use it.
As the legal system handles these asbestos lawsuits, there are always new developments. One of the most important legal developments is a ruling called Lubbe v Cape Plc, which set an example that allows asbestos victims to sue multinational companies in their home jurisdictions for compensation.
Often, these cases involve secondary exposure to asbestos. This is when those who work with asbestos on the job pass 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 type of case. Asbestos lawyers can assist families file a lawsuit against the company that is responsible for their loved ones' asbestos injuries.
Another significant advancement in asbestos litigation is the rise of class action lawsuits. These asbestos lawsuits permit victims to pursue justice with the aid of a lawyer experienced in the complicated legal issues that these cases raise.
While a lot of asbestos lawyers have advocated for this type of litigation, there are also certain people who do not support it. In fact there have been a number of attempts to pass legislation that would limit the use of asbestos class actions.
The most recent major change in asbestos litigation is the filing a lawsuit by Massachusetts residents against four companies over their handling of asbestos removal and disposal. The lawsuit alleged the companies did not follow state laws in not properly disposing asbestos and failing residents from toxic dust.
Asbestos litigation has been a long-running issue that is likely to continue for a number of decades to come. The asbestos industry has attempted to avoid liability through legal arguments based on technicalities and also by attempting to pass legislative remedies that would prevent victims from seeking justice. It appears that a lot of victims, as well as their lawyers, are determined to see justice served.