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Asbestos Lawsuit History Lawyers such as Stanley Levy have helped many asbestos victims. Patients suffering from mesothelioma and asbestos-related diseases can sue companies that mined, manufactured or used asbestos and asbestos-containing products. Nellie Kershaw filed her first asbestos lawsuit. She worked in a factory that made asbestos fibers in England and developed health problems. She died at 33 due to fibrosis that had developed in her lungs, which was caused by asbestos exposure. The First Cases Asbestos is a dangerous mineral that has ill-treated or killed thousands of people over time. Asbestos claims are filed for many reasons, but they usually involve those who were exposed to asbestos while at work. Memphis asbestos lawsuit includes workers who worked in factories that made asbestos-related products or at the construction site of buildings containing asbestos. It could also include people who were exposed 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. Many have been awarded compensation for their injuries even though some of these diseases are fatal. Many countries have laws that require companies that produce dangerous substances to inform anyone who might be injured. The first asbestos lawsuit that was filed in 1929 included a woman by the name of Anna Pirskowski. She was suffering from a variety of ailments, including breathlessness and thickening of the tissue around the fingers, which is also known as clubbing. She was awarded a settlement of $75,000 that is believed to be the first class action lawsuit in relation to asbestos. Asbest lawsuits continued to be filed in the years that followed. Asbestos litigation became a large area of law, and many attorneys started to specialize in asbestos litigation. This meant that they only dealt with the most serious cases. Kazan Law was one firm that was focusing on this in the late 80s. Other lawsuits were won by those who had suffered from other asbestos-related illnesses such as asbestosis or plaques in the pleural cavity. The disease that caused them was like mesothelioma making it easier to prove for lawyers. These claims led to the disclosure of secret documents that showed the ways asbestos product manufacturers attempted to hide their risks. This led to the Asbestos Ban and Phase Out Rule being enacted in 1989. The Second Cases As the number of people suffering from asbestos-related diseases increased, victims and their families began bringing lawsuits against companies that mined, manufactured or sold asbestos-containing products. Additionally, mesothelioma patients filed lawsuits against the companies that designed and constructed the buildings where they worked, such as shipyards, power plants factories and refineries. The connection between asbestos exposure and mesothelioma's development is strong. In the early 1980s, legal battles over asbestos lawsuits became more ferocious and courts began to rule on many aspects of case processes. For example a federal court ruled that only those suffering from malignant asbestos-related disease like mesothelioma or lung cancer are eligible to file an action against the makers of asbestos-related products they used. This ruling, known as Borel v. Fibreboard Paper Products Corp. is a major setback for asbestos plaintiffs. The same time, Nellie Kershaw from Rochdale in England filed what is now regarded as the first known lawsuit against asbestos-related companies. Kershaw, who had been diagnosed with lung issues caused by her close 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 in her 30s from fibrosis. The second wave of asbestos-related cases focused on those who worked in construction sites and were exposed to different types of asbestos-containing building products, including fireproofing sprays, textures and drywall products. Asbestos lawyers also successfully brought cases against companies that manufactured the equipment that made use of asbestos-containing products, such as boilers and pumps. During this period, numerous documents that implicated asbestos companies were discovered. These documents showed their involvement in conspiracy and fraud. 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 the plot of these companies to conceal the fact that asbestos was dangerous and to thwart efforts to inform the public of these dangers. The discovery of these and other forms of corporate fraud and collusion in the early to mid-1980s led to a flurry of class action settlements as well as other attempts at limiting asbestos liability for asbestos-related companies. These efforts were met with strong resistance from plaintiffs' attorneys and their clients, as as the general public at large. The Third Case By the 1970s, asbestos-related companies had lost the ability to keep information about the devastating effects of mesothelioma as well as other asbestos-related diseases from the general public. This was due to the fact that the connection between asbestos and diseases such as mesothelioma, asbestosis and other respiratory problems started getting attention from major national publications instead of just small medical journals or industry newsletters. Once asbestos-related serious illnesses were established, victims began filing lawsuits against asbestos manufacturers. In the 1970s, a court ruling which allowed plaintiffs to make recourse to strict liability as a legal principle was among the major reasons for an increase in asbestos lawsuits. Plaintiffs in asbestos lawsuits used to need to prove that asbestos manufacturers were negligent for exposing them. However in the 1973 case of Borel v. Fibreboard, a judge ruled that asbestos manufacturers were accountable for any injuries their products caused if the company knew that their product was dangerous and did not inform its employees or the public about its dangers. Following this ruling, a lot of asbestos producers were forced to file for bankruptcy. This procedure allows a company, even if still in operation, to organize itself in bankruptcy court and place money in trusts to pay asbestos claimants. Johns-Manville is an example. It was a victim of many lawsuits filed by former employees who were suffering from asbestosis, mesothelioma and lung cancer. Kazan Law brought several cases against the manufacturer, and was able to get punitive damages verdicts against it. Since the time asbestos litigation has continued increase due to the rising number of victims suffering from asbestos-related diseases. Asbestos litigation can be complicated due to the fact that the ailments caused by asbestos can take a long time to manifest and are not always apparent to those who are diagnosed. A few victims have been waiting for years to receive settlements 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 as a way to limit their liability and has also looked into the issue of whether it is possible to hold individuals responsible for injuries caused by asbestos. The Fourth Cases Asbestos, a mineral that is extremely hazardous, has sickened and killed hundreds of thousands over the years. Asbestos was also extensively used by manufacturers who were aware of its dangers however they continued to use it. As the legal system tackles these asbestos lawsuits, new developments are taking place every day. One of the most important legal developments is a case known as Lubbe v. Cape Plc, which set the precedent for victims to sue multinational companies in their home jurisdictions to recover compensation. In most cases, these situations involve secondary exposure to asbestos. This happens when workers who handle asbestos on the job pass it to their spouses or children living at home. The family members are affected by mesothelioma as well as other asbestos-related diseases. Many lawsuits are filed today by the families of victims based on this kind of case. Asbestos lawyers can help families file a claim against the company responsible for their loved ones' asbestos-related injuries. The rise of class-action lawsuits is a major change in asbestos litigation. These asbestos lawsuits permit victims to seek justice with the assistance of a lawyer who is familiar with the complex legal issues that these cases present. Some asbestos attorneys are against this type of litigation. There have been several attempts to pass legislation to limit the use class actions in asbestos lawsuits. The most recent significant change in asbestos litigation was the filing of a lawsuit filed by Massachusetts residents against four companies over the way they handled asbestos abatement and disposal. The lawsuit claimed that the companies violated state laws by not disposing asbestos properly and failing to protect residents from toxic dust. Asbestos litigation has been ongoing 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 shield itself from responsibility by using legal arguments based on technicalities and attempting to get legislative remedies passed which would stop victims from seeking justice. It seems that many victims, as well as their lawyers, are determined to see justice done.