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Asbestos Lawsuit History Lawyers like Stanley Levy have helped many asbestos victims. People suffering from asbestos-related illnesses, such as mesothelioma, can sue companies that mined asbestos, made or used asbestos. Nellie Kershaw was the first to file an asbestos lawsuit. She suffered health issues while working in an asbestos fiber factory in England. She died at the age of 33 of fibrosis of the lungs caused by asbestos exposure. The First Cases Asbestos, a hazardous mineral, has infected and killed thousands of people throughout the years. Asbestos claims can be filed for various reasons, but they usually involve those who were exposed to asbestos at work. This includes employees who worked in factories that produced asbestos-related products or on the construction site of buildings with asbestos. It can also include those who were exposed to asbestos through household products like talcum powder. Anyone who was exposed to asbestos can be afflicted with a variety of diseases including mesothelioma, lung cancer, and other respiratory ailments. While some of these ailments 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 manufacturers of dangerous substances to inform anyone who might be injured. The first asbestos lawsuit, filed in 1929, included a woman by the name of Anna Pirskowski. She suffered from breath shortness and thickening of the fingertip tissue (known as clubbing). She was awarded a settlement of $75,000 that is believed to be the first class action lawsuit filed in connection with asbestos. In the years following there were a lot of asbestos lawsuits were filed. Asbestos litigation became a very broad area of law and many lawyers began to specialize in asbestos litigation. They only accepted cases that were important. One firm that did this was Kazan Law, which in the late 1980s began to focus on taking on cases for people who had mesothelioma. Other lawsuits have been won by people who suffered from asbestos-related illnesses such as asbestosis or plaques in the pleural cavity. The disease that caused them was very like mesothelioma which makes it more straightforward to prove for lawyers. These claims led to the release of secret documents that showed how asbestos manufacturers tried to hide their risks. This led to the Asbestos Ban and Phase Out Rule being issued in 1989. The Second Cases As the number of people diagnosed with asbestos-related diseases increased, victims and their families began filing lawsuits against companies that mined, produced or sold asbestos-containing products. Mesothelioma patients also filed lawsuits against companies who designed and constructed the buildings that they worked in, including power plants, shipyards and refineries. The link between mesothelioma and asbestos exposure is solid. By the early 1980s, the legal battle over asbestos lawsuits began to get more intense and the courts made decisions on various aspects of the litigation process. For instance a federal court ruled that only individuals suffering from a malignant asbestos-caused illness such as mesothelioma, or lung cancer are able to bring a lawsuit against the manufacturers of the asbestos products they employed. This ruling, dubbed Borel v. Fibreboard Paper Products Corp., was an important setback for asbestos plaintiffs. Around the same time, Nellie Kershaw, a factory worker from Rochdale, England, filed what is considered the first legal claim that is well-known against asbestos-related companies. Kershaw was an employee in a factory in Rochdale in England, was diagnosed with lung problems due to her exposure to asbestos fibers. She attempted to convince her employer to cover the cost of treatment. The company was unable to pay. Kershaw passed away in her 30s from fibrosis. The second wave of asbestos cases centered on workers who worked at construction sites and were exposed types of asbestos-containing building materials such as fireproofing sprays, drywall products and textures. Asbestos lawyers also filed successful cases against companies that produced equipment that contained asbestos-containing material, such as pumps and boilers. During this time, a number of documents that were incriminating were found that demonstrated asbestos companies have been involved in conspiracy and fraud. This included the personal records of Johns-Manville president Sumner Simpson, as well as correspondence from the general counsel for another asbestos producer, Raybestos Manhattan. These documents revealed a shady alliance between these companies to conceal the dangers of asbestos and deflect efforts to educate the public. In the early and mid-1980s, when these and other forms corporate fraud and conspiracy were exposed In the early to mid-1980s, a wave of class actions settlements was launched, along with other attempts made to reduce asbestos liability by asbestos companies. These attempts were met with fierce opposition from plaintiffs' lawyers and their clients, as well as from the public in general. The Third Cases In the 1970s, asbestos companies were no longer able to hide the deadly effects of asbestos-related diseases like mesothelioma from the public. This was largely due to the fact that the connection between asbestos and illnesses such as mesothelioma, asbestosis and other respiratory problems started getting attention from major national publications instead of small medical journals or newsletters for industry. After the links between asbestos and serious illnesses were established and the victims began making lawsuits against asbestos producers. In the 1970s, a court ruling which allowed plaintiffs to make use of strict liability as a legal theory 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 to. In the 1973 case of Borel v. Fibreboard a judge ruled asbestos manufacturers liable for any injuries that resulted from their products if they knew their product was dangerous but did not warn their employees or the general public about the dangers. Following this ruling, a lot of asbestos producers were forced to file for bankruptcy. This procedure allows a business, while still in operation, to reorganize its affairs in bankruptcy court and to put money into trusts to pay asbestos claimants. Johns-Manville is a notable example, as it was hit with numerous lawsuits from former factory workers suffering from asbestosis, lung cancer, and mesothelioma. Kazan Law set several cases against the manufacturer and was able to obtain punitive damages verdicts against the company. Since the time, asbestos litigation has continued grow due to the increasing number of victims suffering from asbestos-related diseases. Asbestos cases can be complicated due to the ailments they cause can take years to manifest themselves and are not always apparent to those who are diagnosed. Some victims have been forced to wait for years for settlements from insurance companies even after their employers were found responsible. The US Supreme Court has dealt with numerous cases involving class action settlements that asbestos companies offered in an attempt to limit their liability and it has also considered the issue of whether it is possible to hold individuals responsible for asbestos-related injuries. The Fourth Cases Asbestos is a highly hazardous mineral that has sickened or killed hundreds of thousands of people over the years. Asbestos was also used extensively by companies who knew it was a risk however they continued to use it. As the legal system handles asbestos lawsuits and asbestos lawsuits, there are always new developments. One of the most important legal developments is a ruling known as Lubbe v. Cape Plc, which set a precedent that allows victims to sue multinational corporations in their home jurisdictions for compensation. These cases often result in secondary exposure to asbestos. This is when those who work with asbestos on the job pass it to their spouses or children living at home. Family members suffer from mesothelioma and other asbestos-related diseases. This type of case is the basis of many lawsuits filed by families of victims of asbestos today. Asbestos attorneys can help families bring a claim against the companies that caused the asbestos injuries of their loved family members. Champaign asbestos lawsuits of class action lawsuits is another major development in asbestos litigation. These asbestos lawsuits allow victims to seek justice with the help of a lawyer familiar with the complex legal issues these cases raise. While asbestos lawyers have pushed for this kind of lawsuit, there are those who are against it. In actual fact there have been a number of attempts to pass legislation to limit the use of class actions in asbestos cases. The most recent major development in asbestos litigation is the filing a lawsuit by Massachusetts residents against four companies for handling asbestos removal and disposal. The lawsuit claimed that the companies had violated state law by not disposing of asbestos properly and failing to safeguard residents from the harmful dust. Asbestos litigation has been ongoing for a long time and it's likely that it will continue to be well into the future. The asbestos industry has attempted to avoid responsibility through legal arguments that are technical and by trying to pass legislative remedies that would stop victims from seeking justice. However, it seems that many victims and their lawyers are determined to see justice served.