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Asbestos Lawsuit History Many asbestos victims have received help from lawyers such as Stanley Levy. People suffering from asbestos-related illnesses like mesothelioma can sue companies that mined asbestos, made or used asbestos. The first asbestos lawsuit was filed by Nellie Kershaw. She worked in a plant that spun asbestos fibers in England and developed health issues. She died at age 33 of fibrosis in the lungs caused by asbestos exposure. The First Cases Asbestos is a dangerous mineral that has ill-treated or killed thousands of people over the years. Asbestos claims can be filed for a variety of reasons, but they generally involve those who were exposed to the substance at work. This could include workers in factories that made asbestos-related items or those working on the construction of structures 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 issues. Many have been compensated for their injuries, even though some of these diseases are fatal. This is due to the fact that most countries have laws that require companies who create dangerous substances to warn those who may be injured by them. The first asbestos lawsuit that was filed in 1929 included a woman by the name of Anna Pirskowski. She suffered from shortness of breathe and thickening in the tissue around the fingertip (known as clubbing). She was awarded a settlement of $75,000 that is believed to be the first class action lawsuit in connection with asbestos. In the years following there were a lot of asbestos lawsuits were filed. Asbestos litigation became a broad area of law and many attorneys started to specialize in asbestos litigation. They only took on cases that were very serious. Whittier asbestos lawsuits was one firm that was focusing on this in the late 80s. Other lawsuits have been won by those who suffered from asbestos-related illnesses such as asbestosis or plaques in the pleural region. The disease that caused them was very like mesothelioma which makes it easier to prove for lawyers. These claims also led to the revelation of secret documents that demonstrated how asbestos-related manufacturers tried to conceal the 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 disease increased the number of victims and their families began bringing lawsuits. These lawsuits were filed against businesses that mined asbestos, produced asbestos-containing products or sold products containing asbestos. Mesothelioma victims also filed lawsuits against companies who designed and constructed the structures where they worked, including shipyards, power plants and refineries. The link between asbestos exposure and mesothelioma growth is very strong. In the early 1980s the legal litigation over asbestos lawsuits grew more ferocious, and courts began to rule on many aspects of the case process. For example a federal court ruled that only individuals suffering from malignant asbestos-related disease like mesothelioma or lung cancer are able to bring lawsuits against the producers of asbestos-related products they employed. This ruling, known as Borel v. Fibreboard Paper Products Corp. is an important setback for asbestos lawsuit defendants. The same time, Nellie Kershaw from Rochdale in England was the first to file what is now seen as the first well-known lawsuit against asbestos companies. Kershaw, an employee in a factory in Rochdale, England, was diagnosed with lung problems caused by her close exposure to raw asbestos fibers. Kershaw tried to convince her employer to pay for the treatment. The company was unable to pay. Kershaw passed away in her 30s from fibrosis. The second wave of asbestos-related cases focused on workers who worked in construction sites and were exposed to various types of asbestos-containing building products, including fireproofing sprays, textures and drywall products. Asbestos lawyers also prevailed in cases against companies that made the equipment that used asbestos-containing materials, like boilers and pumps. During this time, a number of documents that were incriminating were found that demonstrated asbestos companies were involved in a scheme of fraud and. The documents included the 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. The discovery of these, and other forms of corporate fraud and conspiracy in the mid- to late 1980s sparked a wave of class action settlements as well as other attempts at limiting asbestos liability for asbestos companies. These efforts were met with fierce resistance from plaintiffs’ attorneys as well as their clients and the general public. The Third Case In the 1970s, asbestos companies were no longer able to hide the deadly effects of asbestos-related illnesses like mesothelioma from the general public. This was largely due to the fact that the link between asbestos and diseases like mesothelioma, asbestosis, and respiratory diseases like asthma began receiving attention from major national publications instead of just small medical journals or industry newsletters. As soon as the link between asbestos and serious illness was well-established, victims began filing lawsuits against asbestos manufacturers. In the 1970s, a court decision 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 would have to prove that asbestos manufacturers were negligent in exposing them. In the 1973 case of Borel v. Fibreboard a judge ruled asbestos producers 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, many asbestos manufacturers have filed for bankruptcy, a procedure which allows a company to reorganize in bankruptcy court, set funds aside in trusts to pay for asbestos claims, and then continue to be in operation. Johns-Manville was a particularly notable example, as it was slammed with a variety of lawsuits brought by former factory workers who were 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. Asbestos litigation has grown since then due to the growing number of asbestos-related illnesses. Asbestos cases are often complex, as the illnesses they cause can take years to manifest and are not always obvious to those diagnosed. A few victims have been forced to wait for years for reimbursement from insurance companies even after their employers were found responsible. The US Supreme Court has dealt with a variety of cases involving settlements for class actions that asbestos companies offered in an attempt to limit their liability, and it has also pondered the issue of whether it is possible to hold defendants accountable for asbestos-related injuries. The Fourth Cases Asbestos, a mineral that is extremely harmful has killed and sickened hundreds of thousands over the years. It's also a substance 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 new developments are taking place every day. One of the most significant 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. These situations usually result in secondary exposure to asbestos. Workers who work with asbestos work may transfer it to their families or spouses. The family members then suffer from mesothelioma and other asbestos-related diseases. This type of case is the basis for many lawsuits brought by the families of victims today. Asbestos lawyers can assist families bring a claim against the companies that caused the asbestos injuries of their loved family members. The rise of class-action lawsuits is another major development in asbestos litigation. These asbestos lawsuits provide victims the opportunity to seek justice through the help of an attorney well-versed in the legal issues these cases bring up. While asbestos lawyers have pushed for this type of litigation, there are also some who oppose it. In actual fact there have been a number of attempts to pass legislation that would limit the use of class actions in asbestos cases. The most recent major change in asbestos litigation is the filing an action by Massachusetts residents against 4 companies for how they handled asbestos removal and disposal. The lawsuit claimed that the firms did not follow state laws by not disposing asbestos properly and failing residents from toxic dust. Asbestos litigation has been going on for decades and it will continue to do so for a long time to come. The asbestos industry has attempted to avoid responsibility by making legal arguments that are technical and attempting to pass legislative remedies that would prevent the victims from seeking justice. It seems that many victims, and their lawyers are determined to see justice acted upon.