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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 mined, manufactured, or used asbestos and asbestos-containing products. The first asbestos lawsuit was filed by Nellie Kershaw. She worked at a factory that spun asbestos fibers in England and developed health issues. She passed away at the age of 33 due to fibrosis that had developed in her lungs. It was caused by asbestos exposure. The First Cases Asbestos is a hazardous mineral that has ill-treated or killed thousands of people over the course of time. Asbestos claims are filed for a variety reasons, but most often involve people who have been exposed to asbestos at work. This includes workers at factories that produced asbestos-related products, people who worked in the construction of buildings containing asbestos and even those who were exposed to asbestos from household products that were contaminated, such as talcum powder. People who were exposed to asbestos may be afflicted with a variety of diseases including mesothelioma, lung cancer, and other respiratory conditions. While some of these illnesses are extremely serious and could be fatal, many people have been able to receive compensation for their injuries. The majority of countries have laws that require companies that create dangerous substances inform anyone who might be injured. The first asbestos lawsuit that was filed in 1929 was filed by a woman with the name of Anna Pirskowski. She was suffering from a range of ailments, including shortness of breath and thickening of the tissue around the fingers, known as clubbing. She received a settlement amounting to $75,000 in what is believed to be the first-ever class action lawsuit involving asbestos. Asbest lawsuits continued to be filed in the years following. Asbestos litigation became a very broad area of law and many lawyers started to specialize in asbestos litigation. This meant that they dealt with the most serious cases. Kazan Law was one firm that specialized in this area in the late 80s. Other lawsuits have been won by those who suffered from asbestos-related illnesses like asbestosis and pleural plaques. The condition that caused them was similar to mesothelioma which makes it easier to prove for lawyers. These claims led to the disclosure of secret documents that showed how asbestos product manufacturers tried to hide the risks they carry. In 1989, the Asbestos Ban & Phase Out Rule was enacted. The Second Case As the number of people diagnosed with asbestos-related diseases grew the number of victims and their families began bringing lawsuits. These lawsuits were filed against companies that mined asbestos, produced asbestos-containing products or sold products containing asbestos. Mesothelioma patients also filed lawsuits against companies that designed and constructed the structures where they worked such as power plants, shipyards and refineries. The connection between asbestos exposure and mesothelioma development is very strong. In the early 1980s the legal battle over asbestos lawsuits began to escalate and the courts made decisions on various aspects of the case process. For instance a federal court ruled that only people suffering from a malignant asbestos-caused disease like mesothelioma or lung cancer are eligible to file an action against the makers of the asbestos products they employed. The ruling, dubbed Borel v. Fibreboard Paper Products Corp., was a major setback for defendants in asbestos litigation. Around the same time, Nellie Kershaw, a factory worker from Rochdale, England, filed what is believed to be the first legal claim that is well-known against asbestos-related companies. Kershaw was diagnosed with lung issues due to her frequent contact with raw asbestos fibers, attempted to get the company she worked for to pay for her treatments. The company was unable to pay. Kershaw passed away at 33 years old of fibrosis of her lungs. Apple Valley asbestos lawsuits of asbestos-related cases focused on workers who worked at construction sites and were exposed kinds of asbestos-containing building materials, including fireproofing sprays, textures and drywall products. Asbestos lawyers also brought successful cases against companies that manufactured equipment that used asbestos-containing materials, such as boilers and pumps. During this period, numerous documents that implicated asbestos companies were uncovered. 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 the plot of these companies to cover up the fact that asbestos was dangerous and to thwart efforts to inform the public about these dangers. The discovery of these and other types of corporate fraud and conspiracy in the mid- to late 1980s sparked a wave of class action settlements and other efforts to limit asbestos liability for asbestos-related companies. These attempts were met with strong opposition from plaintiffs' lawyers and their clients, as well as from the public at large. The Third Cases In the 1970s, asbestos-related companies had lost the ability to hide information about the deadly effects of mesothelioma and the other asbestos-related diseases from the public. This was due in large part to the fact that major national publications began paying attention to the link between mesothelioma, asbestos, and other respiratory diseases, rather than small industry medical journals and newsletters. After asbestos-related serious illnesses were established, victims 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 that allowed plaintiffs to use the legal theory of strict liability. Plaintiffs in asbestos cases used to have to prove that asbestos producers were negligent for exposing them. However, in the 1973 case of Borel v. Fibreboard, a judge ruled that asbestos manufacturers were responsible for any injuries their products caused when the company knew their product was unsafe 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 business, while still in operation, to organize its affairs in bankruptcy court and put money in trusts to pay asbestos claimants. Johns-Manville was an especially notable example, as it was slammed with a variety of lawsuits filed by former factory workers suffering from asbestosis, lung cancer, and mesothelioma. Kazan Law brought several cases against the manufacturer, and was able to obtain punitive damages verdicts against it. Asbestos lawsuits have increased in the past few years due to the growing number of asbestos-related illnesses. Asbestos lawsuits are often complicated, as the illnesses they cause can take decades to manifest themselves and aren't always obvious to those diagnosed. Some victims have also been forced to wait for years for compensation from insurance companies even after their employers were found to be responsible. The US Supreme Court has dealt with a variety of cases involving class action settlements that asbestos companies offered in an attempt to limit their liability, and has also looked into the issue of whether it is possible to hold individual defendants liable for asbestos-related injury. The Fourth Case Asbestos is an incredibly dangerous mineral that has caused the death or sickness of hundreds of thousands of people over the years. It's also a product that was extensively used by companies that knew it was dangerous, and yet they continued to employ it in their manufacturing processes. As the legal system handles asbestos lawsuits with a constant stream of new developments. One of the most important legal developments is the ruling Lubbe v. Cape Plc. This set the precedent for victims to sue multi-national companies in their home countries to recover compensation. Often, these cases involve secondary exposure to asbestos. This is when those who work with asbestos while on the job transfer it to their spouses or children living at home. The family members then suffer from mesothelioma and other asbestos-related diseases. Many lawsuits are filed by the families of victims based on this type of case. Asbestos lawyers can help families file a claim against the company that is responsible for their loved ones' asbestos injuries. The rise of class-action lawsuits is a significant development in asbestos litigation. These asbestos lawsuits allow victims to pursue justice with the assistance of a lawyer experienced in the complicated legal issues that these cases bring. Some asbestos attorneys are against this type of litigation. In actual fact there have been numerous attempts to pass legislation that would limit the use of asbestos class actions. 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 removal and disposal. The lawsuit alleged the companies violated state laws by not properly disposing of asbestos and failing to protect residents from the harmful dust. Asbestos litigation has been ongoing for a long time and it will continue to be for a long time to come. The asbestos industry has tried to avoid liability through technical legal arguments, and by trying to pass legislative solutions which would hinder victims from seeking justice. It appears that a lot of victims, as well as their lawyers are determined to see justice served.