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Asbestos Lawsuit History Lawyers like Stanley Levy have helped many asbestos victims. Patients suffering from asbestos-related diseases such as mesothelioma are able to sue companies that mined or manufactured asbestos. The first asbestos lawsuit was filed by Nellie Kershaw. She worked in a plant that spun asbestos fibers in England and developed health problems. She died at 33 due to fibrosis of her lungs, which was caused by asbestos exposure. The First Cases Asbestos is a dangerous mineral that has sickened or killed thousands of people over the years. Asbestos claims are filed for a variety of reasons, but the majority involve those who were exposed to asbestos at work. This includes employees who worked in factories that produced asbestos-related products or at the construction site of buildings with asbestos. It could also include those who were exposed to asbestos by using household products, such as talcum powder. Exposure to asbestos can cause many different illnesses that include mesothelioma, lung cancer and other respiratory ailments. Many people have been compensated for their injuries even though some these diseases can be fatal. The majority of countries have laws that require companies that create dangerous substances inform anyone who might be injured. The first asbestos lawsuit was filed in 1929. It involved a woman named Anna Pirskowski. She was suffering from a number of symptoms, including breathlessness and thickening of the fingertip tissue which is called clubbing. She received a settlement worth $75,000 in what is believed to be a first class action lawsuit that involved asbestos. Asbest lawsuits continued to be filed throughout the years that followed. Some of these cases were very large, and many attorneys began to specialise in asbestos litigation. They only would take on cases that were serious. One firm that was involved in this was Kazan Law, which in the late 1980s started to concentrate on taking on cases for mesothelioma patients. Other lawsuits were won by people who suffered from other asbestos-related illnesses like asbestosis or pleural plaques. The disease that caused them was very similar to mesothelioma which makes it easier to prove for lawyers. These allegations led to the public disclosure of secret documents which showed how asbestos manufacturers tried to hide the risks they carry. In 1989 the Asbestos Ban & Phase Out Rule was enacted. The Second Cases As the number of people suffering from asbestos-related diseases grew, patients and their families began bringing lawsuits against companies that mined, made or sold asbestos-containing products. Mesothelioma patients also filed lawsuits against companies that created and built the buildings where they worked, including shipyards, power plants and refineries. The link between asbestos exposure and mesothelioma development is strong. In the early 1980s, the legal battle over asbestos lawsuits began to escalate and the courts made rulings on a variety of aspects of the litigation process. A federal court, for instance, ruled that only those suffering from malignant asbestos-related diseases such as mesothelioma and lung cancer were eligible to take on asbestos manufacturers. products. This ruling, also known as Borel V. Fibreboard Paper Products Corp. was a major setback in asbestos litigation. At around the same time, Nellie Kershaw, a factory worker from Rochdale, England, filed what is believed to be the first well-known legal claim against asbestos-related companies. Kershaw was an employee in a factory in Rochdale in England, was diagnosed with lung problems caused by her frequent exposure to asbestos fibers. Kershaw tried to convince her employer to pay for the treatment. However, the company refused. Kershaw passed away in her 30s from fibrosis. The second wave 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 made the equipment that utilized asbestos-containing products, such as boilers and pumps. During this time, many documents pertaining to asbestos companies were uncovered. These documents showed their involvement in conspiracy and fraud. The documents included personal documents of Johns-Manville President Sumner Simpson and correspondence from the general attorney for another asbestos producer, Raybestos Manhattan. These documents revealed a conspiracy between these companies to hide the dangers of asbestos and suppress efforts to warn the public. In the early and mid-1980s When these and other forms of corporate fraud and conspiracy were discovered, a wave class action settlements was launched and other attempts were made to limit asbestos liability were made by asbestos companies. These efforts were met with a fierce resistance from plaintiffs' attorneys and their clients, as as the public at large. The Third Cases By the 1970s, asbestos firms had lost the ability to hide information on the fatal effects of mesothelioma and the other asbestos-related illnesses from the 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 illnesses, as opposed to small industry newsletters and medical journals. Once the links between asbestos and serious illness were well established, victims began filing lawsuits against asbestos manufacturers. One of the main push factors that led to increased asbestos lawsuits in the 1970s was a ruling by the courts that allowed plaintiffs to use the legal concept of strict liability. Plaintiffs in asbestos lawsuits used to be required to prove that asbestos producers were negligent for exposing them. In the 1973 case Borel v. Fibreboard a judge ruled asbestos producers liable for any injuries caused by their products if they knew that their product was unsafe, but did not warn their employees or the general public about the dangers. Following this ruling, many asbestos manufacturers have filed for bankruptcy, a process that allows businesses to reorganize in bankruptcy court, put money aside in trusts to cover asbestos claims, and then continue to operate. Johns-Manville is a noteworthy case because it was the subject of numerous lawsuits filed by former workers who suffered from asbestosis, lung cancer and mesothelioma. Kazan Law brought several cases against the manufacturer and was able get punitive damages verdicts against it. Since the time, asbestos litigation has continued to increase due to the rising number of victims suffering from asbestos-related ailments. Asbestos litigation is often complex because the diseases caused by asbestos can take a long time to manifest and aren't always obvious to those who have been diagnosed. Additionally there have been Ontario asbestos lawyers where victims were forced to wait for years to receive compensation from insurance companies after their employers were found accountable. The US Supreme Court has addressed a number of cases where asbestos companies sought to limit their liability by offering settlements for class actions. The court has also discussed whether individual defendants could be held accountable for injuries resulting from asbestos. The Fourth Cases Asbestos, a mineral that is extremely hazardous, has sickened and killed hundreds of thousands of people over the decades. It's also a material that was extensively used by companies who knew it was dangerous but continued to use it in their manufacturing processes. As the legal system tackles asbestos lawsuits new developments are taking place constantly. One of the most important legal developments is a ruling known as Lubbe v Cape Plc, which set the precedent for victims to sue multinational corporations in their home jurisdictions to recover compensation. In most cases, these situations involve secondary exposure to asbestos. This is when those who work with asbestos on the job pass it to their spouses or children at home. Family members suffer from mesothelioma and other asbestos-related diseases. Many lawsuits are filed by the families of victims based on this kind of case. Asbestos lawyers can aid families file a lawsuit against the company that is responsible for their loved ones' asbestos-related injuries. The rise of class-action lawsuits is a significant development in asbestos litigation. These asbestos lawsuits give victims the chance to pursue justice with the assistance of an attorney who is well-versed in the complicated legal issues that these cases raise. While asbestos lawyers have pushed for this type of litigation, there are some who oppose it. There have been several attempts to pass legislation to limit the use of class actions in asbestos lawsuits. The most recent major change in asbestos litigation is the filing of a suit by Massachusetts residents against four companies for handling asbestos removal and disposal. The lawsuit claimed that the companies in violation of state law by not properly disposing of asbestos and failing residents from toxic dust. Asbestos litigation has been going on for decades and it's likely that it will continue to do so for a long time to come. The asbestos industry has tried to avoid accountability by using legal arguments based on technicalities and attempting to get legislative remedies passed that would block victims from seeking justice. However, it seems that many victims and their attorneys are determined to see justice served.