Buzzwords De-Buzzed: 10 Different Ways For Saying Asbestos Lawsuit History
Asbestos Lawsuit History
Many asbestos victims have been helped by lawyers such as Stanley Levy. People with mesothelioma and other asbestos-related diseases can sue companies who produced, mined or used asbestos and asbestos-containing products.
Nellie Kershaw filed the first asbestos lawsuit. She worked in a factory that spun asbestos fibers in England and developed health problems. She passed away at the age of 33 due to fibrosis in her lungs. It was caused by asbestos exposure.
The First Cases
Asbestos is a hazardous mineral that has sickened or killed thousands of people over time. Asbestos claims can be filed for many reasons, but they typically involve people who were exposed to the substance at work. This includes employees who worked in factories that produced asbestos-related products, or on the construction site of buildings containing asbestos. It could also include people who were exposed asbestos through household products such as talcum powder.
Anyone who was exposed to asbestos can develop a number of different diseases including mesothelioma, lung cancer and other respiratory diseases. While some of these ailments are very serious and can be fatal, many people have been able to obtain compensation for their injuries. This is largely because most countries have laws that require companies who create dangerous substances to inform those who could be hurt by them.
The first asbestos lawsuit was filed in 1929 and included a woman named Anna Pirskowski. She suffered from shortness of breathe and thickening of the tissue around the fingertip (known as clubbing). She was awarded an amount of $75,000 in settlement and is believed to be the first class action lawsuit filed in the field of asbestos.
In the years that followed there were a lot of asbestos lawsuits were filed. Some of these cases were quite large, and a lot of attorneys began to specialize in asbestos litigation. They only would take on cases that were serious. One company that took on this was Kazan Law, which in the latter half of the 1980s began to focus on taking on cases for people with mesothelioma.
Other lawsuits were won by individuals who suffered from other asbestos-related diseases like asbestosis or plaques in the pleural cavity. The condition that caused them was very similar to mesothelioma which makes it more straightforward to prove for lawyers. These claims also led to the disclosure of secret documents that demonstrated the way asbestos producers attempted to conceal the dangers. This led to the Asbestos Ban and Phase Out Rule being announced in 1989.
The Second Cases
As the number of people suffering from asbestos-related diseases increased, victims and their families began bringing lawsuits against companies that mined, manufactured or sold asbestos-containing products. Mesothelioma patients also filed claims against companies who designed and constructed the buildings where they worked including power plants, shipyards and refineries. The link between asbestos exposure and mesothelioma development is strong.
By the early 1980s, the legal litigation over asbestos lawsuits started to get more intense and the courts made decisions on various aspects of the case process. A federal court, for instance decided that only those suffering from malignant asbestos-related diseases like mesothelioma or lung cancer were eligible to bring a lawsuit against the makers of asbestos products. This ruling, also known as Borel V. Fibreboard Paper Products Corp. was an important setback in asbestos litigation.
At around the same time, Nellie Kershaw, a factory worker from Rochdale, England, filed what is thought to be the first well-known legal claim against asbestos companies. Kershaw, a factory worker from Rochdale in England, was diagnosed with lung issues caused by her frequent exposure to asbestos fibers in raw form. Kershaw tried to convince her employer to pay for the treatment. However, the company refused. Kershaw died at the age of 33 from fibrosis of her lungs.
The second wave of asbestos cases focused on those who worked in construction sites and were exposed to different types of asbestos-containing building materials, including fireproofing sprays, textures and drywall products. Asbestos lawyers also won cases against companies that made the equipment that utilized asbestos-containing materials, like pumps and boilers.
During this time, a number of incriminating documents were uncovered that demonstrated asbestos companies' involvement in fraud and conspiracy. The documents include the personal files of Johns-Manville President Sumner Simpson and correspondence from the general attorney of another asbestos producer, Raybestos Manhattan. These documents revealed a plot 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 conspiracy in the mid- to late 1980s led to a flurry of class action settlements and other attempts at limiting asbestos liability for asbestos-related companies. These attempts were met by massive opposition from plaintiffs' attorneys, their clients and the general public.
The Third Case
In the 1970s, asbestos-related companies had lost the ability to hide information about the deadly effects of mesothelioma and the other asbestos-related illnesses from the public. This was largely due to the fact that the link between asbestos and diseases such as mesothelioma, asbestosis and other respiratory problems started getting attention from major national publications instead of small medical journals or industry newsletters. Once the links between asbestos and serious illnesses were well-established and patients began making lawsuits against asbestos producers.
One of the main factors that pushed increased asbestos lawsuits in the 1970s was a ruling by the courts which allowed plaintiffs to apply the legal concept of strict liability. In the past, plaintiffs in asbestos cases had to prove that asbestos manufacturers were negligent in creating their asbestos exposures. However, in the 1973 case of Borel v. Fibreboard, a judge ruled that asbestos manufacturers were accountable for any injuries caused by their products when the company knew their product was hazardous and did not warn its employees or the public about its dangers.
In the wake of this ruling, a number of asbestos producers have filed for bankruptcy, a procedure that allows businesses to be reorganized in bankruptcy court, and put money aside in trusts to cover asbestos claims and still continue to operate. Johns-Manville is a notable case, since it was slammed with a variety of lawsuits filed by former workers who suffered from asbestosis, lung cancer, and mesothelioma. Kazan Law set several cases against the manufacturer and was able obtain punitive damages verdicts against the company.
Since the time asbestos litigation has continued to grow as a result of the growing number of people suffering from asbestos-related illnesses. Asbestos lawsuits are often complicated, as the illnesses they cause can take decades to manifest and are not always evident to those who have been diagnosed.
Additionally there have been cases where victims were 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 several cases in which asbestos companies tried to limit their liability by offering settlements for class actions. It also has considered whether individual defendants could be held liable for injuries resulting from asbestos.
The Fourth Case
Asbestos is a very dangerous mineral, which has sickened or killed hundreds of thousands of people over the many years. Asbestos was also used extensively by manufacturers who were aware of its dangers however they continued to employ it.
As the legal system handles these asbestos lawsuits, there are always new developments. One of the most important legal developments is a decision called Lubbe v. Cape Plc, which set a precedent that allows victims to sue multinational companies in their home jurisdictions to recover compensation.
Redding asbestos lawyers result in secondary exposure to asbestos. This occurs when employees who handle asbestos on the job transfer it to their spouses or children living at home. The family members are affected by mesothelioma as well as other asbestos-related diseases.
This type of case is the basis for many lawsuits filed by families of victims of asbestos today. Asbestos lawyers can help families file a claim against the company that is responsible for their loved ones' asbestos injuries.
The emergence of class-action lawsuits is a significant development in asbestos litigation. These asbestos lawsuits permit victims to seek justice with the aid of a lawyer who is familiar with the complex legal issues these cases present.
Some asbestos attorneys are opposed to this type of litigation. There have been numerous attempts at passing legislation to limit the use class actions in asbestos lawsuits.
The most recent major development in asbestos litigation was the filing of a lawsuit by Massachusetts residents against four companies over the way they handled asbestos abatement and disposal. The lawsuit claimed that the companies did not follow state laws in not properly disposing asbestos and failing residents from the harmful dust.
Asbestos litigation has been a long-running problem that will likely persist for many decades to come. The asbestos industry has attempted to avoid accountability by making legal arguments that are technical and by trying to pass legislative solutions that would prevent the victims from seeking justice. It seems that many victims, as well as their lawyers, are determined to see justice done.