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Asbestos Lawsuit History Lawyers such as Stanley Levy have helped many asbestos victims. People with mesothelioma and other asbestos-related diseases can sue companies that produced, mined or used asbestos or asbestos-containing products. The first asbestos lawsuit was filed by Nellie Kershaw. She suffered health issues while working in an asbestos fiber plant in England. She passed away at the age of 33 due to fibrosis of her lungs, which was caused by asbestos exposure. The First Cases Asbestos is a hazardous mineral that has afflicted or killed thousands of people over time. Asbestos claims can be filed for many reasons, but they generally involve those who were exposed to asbestos at work. This can include workers at factories that made asbestos-related items as well as those who worked on the construction of buildings that contain asbestos, and even those who were exposed to secondhand asbestos from contaminated household products such as talcum powder. Exposure to asbestos can cause a variety of diseases which include mesothelioma, lung cancer, and other respiratory problems. Although some of these diseases are very serious and can be fatal, many have been able to obtain compensation for their injuries. Most countries have laws requiring companies that produce dangerous substances to warn anyone who could be injured. The first asbestos lawsuit, filed in 1929, was filed by a woman with the name of Anna Pirskowski. She was suffering from breath shortness and thickening in the tissue around the fingertip (known as clubbing). She was awarded an amount of $75,000 in settlement, which is believed to be the first class action lawsuit filed in connection with asbestos. Asbest lawsuits continued to be filed in the years following. Asbestos litigation grew into a large area of law, and many attorneys started to specialize in asbestos litigation. They only took on cases that were serious. Kazan Law was one firm that was focusing on this in the late 80s. Other lawsuits were won by individuals who had been diagnosed with other asbestos-related diseases like asbestosis or pleural plaques. The disease that caused them was similar to mesothelioma making it more straightforward to prove for lawyers. These allegations led to the public disclosure of secret documents that showed the ways asbestos product manufacturers attempted to hide the risks they carry. This led to the Asbestos Ban and Phase Out Rule being enacted in 1989. The Second Case As the number of people diagnosed with asbestos-related diseases grew, victims and families began filing lawsuits. These lawsuits were filed against businesses that mined asbestos, manufactured asbestos-containing products or sold asbestos-containing products. Mesothelioma sufferers also filed claims against companies that created and built the buildings in which they worked including shipyards, power plants and refineries. The connection between mesothelioma and asbestos exposure 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 litigation process. A federal court, for example, ruled that only those suffering from asbestos-related malignancies like mesothelioma and lung cancer were eligible to sue the manufacturers of asbestos products. This ruling, dubbed Borel v. Fibreboard Paper Products Corp. is a major setback for asbestos lawsuit defendants. At the same time, Nellie Kershaw from Rochdale in England was the first to file what is now seen as the first known lawsuit against asbestos-related companies. Kershaw, who had been diagnosed with lung problems due to her close contact with raw asbestos fibers, tried to get the firm she worked for to pay for her medical treatments. The company refused. Kershaw passed away at 33 years old from fibrosis of her lungs. The second wave of asbestos-related cases focused on those who worked in construction sites and were exposed 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, such as boilers and pumps. During this time, a variety of documents that implicated asbestos companies were discovered. These documents proved 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 revealed a plot between these two companies to hide the dangers of asbestos and to thwart efforts to warn the public. The discovery of these and other forms of corporate fraud and conspiracy in the early to mid-1980s caused a surge of class action settlements and other attempts to limit asbestos liability for asbestos companies. These attempts were met by fierce resistance from plaintiffs’ attorneys, their clients and the public. The Third Case By the 1970s, asbestos firms had lost the ability to keep information about the devastating effects of mesothelioma as well as other asbestos-related diseases from the public. This was due in large part to the fact major national journals began paying attention to the connection between asbestos, mesothelioma and other respiratory diseases, instead of small industry medical journals and newsletters. Once asbestos-related serious illnesses were established, victims began filing lawsuits against asbestos manufacturers. In the 1970s, a decision by the courts that allowed plaintiffs the recourse to strict liability as a legal principle 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. However in the 1973 case of Borel v. Fibreboard, a judge declared that asbestos producers were responsible for any injuries they caused if the company knew that their product was dangerous and did not inform its employees or the general public about the dangers. After the ruling, a number 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 to put funds into trusts to pay asbestos claimants. Johns-Manville was a particularly noteworthy case because it was the subject of numerous lawsuits brought by former factory workers suffering from asbestosis, lung cancer, and mesothelioma. Kazan Law brought several cases against the manufacturer and was able obtain punitive damages verdicts against it. Asbestos litigation has increased in the past few years due to the growing number of asbestos-related illnesses. Asbestos cases can be complicated, as the illnesses that they cause can take a long time to manifest and aren't always evident 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 to be responsible. The US Supreme Court has dealt with several cases involving class action settlements that asbestos companies offered as a way to limit their liability and has also looked into the issue of whether it is possible to hold individual defendants liable for injuries caused by asbestos. The Fourth Cases Asbestos, a mineral that is extremely dangerous has killed and sickened hundreds of thousands over the decades. It's also a product that was used extensively by companies who knew it was deadly and they continued to make use of it in their manufacturing processes. As the legal system deals asbestos lawsuits and asbestos lawsuits, there are always new developments. One of the most significant legal developments is a ruling called Lubbe v. Cape Plc, which set the precedent for victims to sue multinational companies in their home jurisdictions to recover compensation. Often, these cases involve secondary exposure to asbestos. This occurs when employees who handle asbestos on the job pass it to their spouses or children living at home. Costa Mesa asbestos attorneys suffer from mesothelioma and other asbestos-related diseases. This kind of case is the basis for many lawsuits brought by the families of victims in the present. Asbestos attorneys can help families file a claim against the responsible parties for the asbestos injuries of their loved ones. Another significant advancement in asbestos litigation has been the rise of class action lawsuits. These asbestos lawsuits permit victims to pursue justice with the assistance of a lawyer familiar with the complex legal issues that these cases raise. Certain asbestos attorneys are against this kind of litigation. There have been numerous attempts at passing legislation to restrict the use of class actions in asbestos lawsuits. The latest major advancement in asbestos litigation is the filing of a suit by Massachusetts residents against four companies over their handling of asbestos removal and disposal. The lawsuit claimed that the companies violated the law of the state by not disposing of asbestos properly and failing to protect residents from the harmful dust. Asbestos litigation is a long-running issue that is likely to continue for many decades to come. The asbestos industry has attempted to avoid accountability by bringing up technical legal arguments and attempting to pass legislative remedies which would stop victims from seeking justice. However, it seems that many victims and their attorneys are determined to see justice served.