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Asbestos Lawsuit History Many asbestos victims have received help from lawyers like Stanley Levy. People suffering from asbestos-related illnesses such as mesothelioma can sue companies that mined or manufactured asbestos. Nellie Kershaw filed her first asbestos lawsuit. She developed health issues while working in an asbestos fiber manufacturing plant in England. She died at age 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 time. Asbestos claims can be filed for many reasons, but they typically involve those who were exposed to the substance at work. This could include workers in factories that made asbestos-related products, people who worked in the construction of buildings with asbestos, or who were exposed to secondhand asbestos from household products contaminated with asbestos such as talcum powder. Exposure to asbestos can cause a variety of illnesses which include mesothelioma, lung cancer, and other respiratory problems. While some of these illnesses are extremely serious and could be fatal, many have been able to obtain compensation for their injuries. This is due to the fact that most countries have laws that require companies that create dangerous substances to inform those who may be injured by them. The first asbestos lawsuit that was filed in 1929 involved a woman by the name of Anna Pirskowski. She was suffering from a variety of ailments, including shortness of breath and thickening of the tissue around the fingers, called clubbing. She received a settlement amounting to $75,000 in what is believed to be a first-ever class action lawsuit that dealt with asbestos. Asbest lawsuits continued to be filed in the years that followed. Asbestos litigation became a very large area of law, and many lawyers began to specialize in asbestos litigation. They only took on cases that were important. One company that took on this was Kazan Law, which in the latter half of the 1980s began to focus on the bringing of cases on behalf of people with mesothelioma. Other lawsuits were won by people who suffered from other asbestos-related diseases such as asbestosis or pleural plaques. The condition that caused them was very similar to mesothelioma making it easier to prove for lawyers. These claims also led to the disclosure of secret documents that revealed how manufacturers of asbestos products tried to hide the dangers. In 1989 the Asbestos Ban & Phase Out Rule was enacted. The Second Cases As the number of people diagnosed with asbestos-related illnesses grew the number of victims and their families began filing lawsuits. These lawsuits were filed against companies who mined asbestos, made asbestos-containing products or sold products containing asbestos. Mesothelioma patients also filed lawsuits against companies who designed and constructed the structures that they worked in including shipyards, power plants, and refineries. The correlation between asbestos exposure and mesothelioma development is strong. In the early 1980s, legal fights over asbestos lawsuits got more ferocious and courts began to rule on a variety of aspects of case processes. For instance a federal court decided that only individuals suffering from malignant asbestos-related disease like mesothelioma or lung cancer are able to file lawsuits against the producers of asbestos-related products they employed. This ruling, dubbed Borel v. Fibreboard Paper Products Corp. was a major setback to asbestos plaintiffs. At the same time, Nellie Kershaw from Rochdale in England filed what is regarded as the first well-known lawsuit against asbestos-related companies. Kershaw, an employee in a factory in Rochdale in England, was diagnosed with lung issues caused by her close exposure to asbestos fibers in raw form. She tried to get her employer to cover the cost of treatment. However, the company refused. Kershaw passed away at 33 years old from fibrosis of her lungs. The second round of asbestos lawsuits centered on those who were exposed to various types of asbestos-containing building products like fireproofing sprays and drywall products. Asbestos lawyers also prevailed in cases against companies that manufactured the equipment that used asbestos-containing materials, such as pumps and boilers. During this period, numerous documents incriminating asbestos companies were discovered. These documents revealed their involvement in conspiracies and fraud. The documents included the personal documents 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 early to mid-1980s led to a flurry of class action settlements and other attempts to limit asbestos liability for asbestos-related companies. These attempts were met by strong opposition from plaintiffs' attorneys as well as their clients and the public. The Third Cases In the 1970s, asbestos-related companies had lost the ability to keep information about the devastating effects of mesothelioma and other asbestos-related diseases from the general public. This was largely due to the fact that the connection between asbestos and illnesses such as mesothelioma, asbestosis and respiratory diseases like asthma began getting attention from major national publications instead of small industry newsletters or medical journals. When asbestos-related serious illnesses were established, victims began filing lawsuits against asbestos-related companies. In the 1970s, a court ruling that allowed plaintiffs the recourse to strict liability as a legal concept was among the major factors that led to an increase in asbestos lawsuits. Plaintiffs in asbestos lawsuits used to be required to prove that asbestos producers were negligent in exposing them. However in the 1973 case of Borel v. Fibreboard, a judge decided that asbestos manufacturers were liable for any injuries they caused in the event that the company knew their product was unsafe and did not warn its employees or the public about its dangers. Following this ruling, a lot of asbestos producers were forced to file for bankruptcy. This allows a business, while still in operation, to reorganize itself in bankruptcy court and place funds into trusts to pay asbestos claimants. Johns-Manville is a notable example, as it was slammed with a variety of lawsuits brought by former workers who suffered from asbestosis, lung cancer and mesothelioma. Kazan Law set several cases against the manufacturer, and was able to win punitive damage verdicts against the company. Since then Shreveport asbestos lawyers has continued to increase due to the rising number of victims suffering from asbestos-related ailments. 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. 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 various cases where asbestos companies sought to limit their liability by offering class action settlements. It also has considered whether individual defendants can be held accountable for asbestos related injury. The Fourth Cases Asbestos is an incredibly hazardous mineral that has sickened or killed hundreds of thousands of people over the years. Asbestos was also extensively used by manufacturers who knew it was a risk however they continued to employ it. The legal system is able to handle these asbestos lawsuits and asbestos lawsuits, there are always new developments. One of the most important legal developments is the ruling Lubbe v Cape Plc. This set a precedent allowing victims to sue multi-national companies in their home countries to recover compensation. These cases often involve secondary asbestos exposure. This happens when workers who work with asbestos on the job transfer it to their spouses or children living at home. Family members suffer from mesothelioma and other asbestos-related diseases. This type of situation is the basis of many lawsuits filed by families of victims of asbestos today. Asbestos lawyers can help families file a lawsuit against the company that is responsible for their loved ones' asbestos-related injuries. Another big development in asbestos litigation has been the increase in class action lawsuits. These asbestos lawsuits permit victims to seek justice with the aid of a lawyer who is experienced in the complicated legal issues that these cases bring. While many asbestos attorneys have advocated for this type of litigation, there are those who are against it. In fact there have been numerous attempts to pass legislation that would limit the use of class actions in asbestos cases. The most recent major development in asbestos litigation is the filing of a lawsuit by Massachusetts residents against 4 companies for handling asbestos removal and disposal. The lawsuit claimed that the firms violated state laws by not disposing asbestos properly and exposing residents to toxic dust. Asbestos litigation has been going on for decades and it's likely that it will continue to be well into the future. The asbestos industry has tried to shield itself from responsibility by bringing up technical legal arguments and attempting to pass legislative solutions which would stop victims from seeking justice. However, it seems that many victims and their lawyers are determined to get justice.