Asbestos Lawsuit History

Many asbestos victims have received help from lawyers such as Stanley Levy. Patients suffering from mesothelioma and asbestos-related diseases can sue companies that produced, mined, or used asbestos and asbestos-containing products.

Nellie Kershaw was the first to file an asbestos lawsuit. She worked in a factory that made asbestos fibers in England and was diagnosed with health issues. She passed away at the age of 33 of fibrosis in the lung due to asbestos exposure.

The First Cases

Asbestos, a hazardous mineral, has infected and killed thousands of people over the years. Asbestos claims are filed for many reasons, but they usually involve those who were exposed to asbestos at work. This includes employees who worked in factories that made asbestos-related products or at the construction sites of buildings that contain asbestos. It could also include people who were exposed to asbestos by using household products, such as talcum powder.

Anyone who was exposed to asbestos may develop a number of different illnesses like mesothelioma, lung cancer, and other respiratory conditions. Many have been compensated for their injuries even though some these diseases can be fatal. Most countries have laws requiring companies that produce dangerous substances to inform anyone who might be injured.

The first asbestos lawsuit was filed in 1929, and included a woman named Anna Pirskowski. She was suffering from a variety of symptoms, including shortness of breath and the thickening of the tissue around the fingers, which is called clubbing. She was awarded a settlement of $75,000 and is believed to be the first class action lawsuit filed in connection with asbestos.

In the years following, more and more asbestos lawsuits were filed. Some of the cases grew very large, and many attorneys began to specialise in asbestos litigation. This meant that they took on the most serious cases. One firm that was involved in this was Kazan Law, which in the late 1980s began to focus on taking on cases for mesothelioma patients.

Other lawsuits were won by people who suffered from other asbestos-related diseases such as asbestosis or plaques in the pleural cavity. The condition that caused them was similar to mesothelioma and therefore simpler to prove for lawyers. These claims also led to the disclosure of secret documents that showed how manufacturers of asbestos products tried to conceal the risks. In 1989, the Asbestos Ban & Phase Out Rule was enacted.

The Second Cases


As the number diagnosed with asbestos-related diseases grew, victims and families began to file lawsuits. These lawsuits were filed against businesses who mined asbestos, made asbestos-containing products or sold products containing asbestos. In addition, mesothelioma sufferers filed claims against the companies that designed and constructed the structures where they worked, such as shipyards, power plants, factories and refineries. The connection between asbestos exposure and mesothelioma development is strong.

In the early 1980s, the legal litigation over asbestos lawsuits grew more ferocious, and courts began to rule on a variety of aspects of the litigation process. For example a federal court decided that only people suffering from a malignant asbestos-caused illness such as mesothelioma, or lung cancer are able to file an action against the makers of asbestos-related products they employed. This ruling, also referred to as Borel V. Fibreboard Paper Products Corp. was an important setback in asbestos litigation.

Around the same time, Nellie Kershaw, a factory worker from Rochdale, England, filed what is thought to be the first legal claim that is well-known against asbestos-related companies. Kershaw, who had been diagnosed with lung issues due to her frequent contact with asbestos fibers, tried to get the firm she worked for to cover her treatment. However, the company refused. Kershaw passed away in her 30s from fibrosis.

The second wave of asbestos 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 won lawsuits against companies who manufactured the equipment that utilized asbestos-containing materials, like pumps and boilers.

During this time, many documents pertaining to asbestos companies were uncovered. These documents showed their involvement in conspiracy and fraud. Tallahassee asbestos attorney 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 hide the dangers of asbestos and to thwart efforts to warn the public.

In the mid-1980s to early-1990s, when these and other forms corporate fraud and conspiracy were discovered, a wave class action settlements was launched and other attempts made to reduce asbestos liability by asbestos companies. These attempts were met by fierce resistance from plaintiffs’ attorneys as well as their clients and the general public.

The Third Cases

In the 1970s, asbestos companies could no longer hide the deadly effects of asbestos-related diseases like mesothelioma from the public. This was due to the fact that the connection between asbestos and ailments such as mesothelioma, asbestosis and respiratory diseases like asthma began getting attention from major national publications instead of small medical journals or newsletters for industry. As soon as the link between asbestos and serious illness was well established, victims began filing lawsuits against asbestos producers.

In the 1970s, a court ruling which allowed plaintiffs to make use of strict liability as a legal concept was one of the main reasons for an increase in asbestos lawsuits. Plaintiffs in asbestos cases would be required to prove that asbestos manufacturers were negligent in exposing them. In the 1973 case Borel v. Fibreboard a judge ruled asbestos manufacturers accountable for any injuries that resulted from their products if they knew their product was unsafe, but did not inform their employees or the general public about its dangers.

After this ruling, many asbestos producers filed for bankruptcy. This procedure allows a business, while still in operation, to reorganize itself in bankruptcy court and put money in trusts to pay asbestos claimants. Johns-Manville is one of the most notable examples. It was hit by numerous lawsuits filed by former factory employees who were suffering from asbestosis, mesothelioma and lung cancer. Kazan Law brought several cases against the manufacturer and was able to win punitive damages verdicts against it.

Asbestos lawsuits have increased in the past few years due to the growing number of asbestos-related illnesses. Asbestos litigation is often complex due to the fact that the ailments caused by asbestos can take years to manifest and aren't always obvious to those who have been diagnosed.

Some victims have been waiting for years to receive compensation from insurance companies, even after their employers were found liable. The US Supreme Court has dealt with a variety of cases involving settlements for class actions that asbestos companies offered to try to limit their liability, and it has also considered the question of whether or not it is possible to hold defendants accountable for asbestos-related injury.

The Fourth Case

Asbestos is a highly dangerous mineral, which has caused the death or sickness of hundreds of thousands of people over the decades. Asbestos was also used extensively by companies who knew it was dangerous, but continued to use it.

As the legal system tackles these asbestos lawsuits new developments are taking place constantly. One of the most significant legal developments is a ruling known as Lubbe v. Cape Plc, which set an example that allows asbestos victims to sue multinational corporations in their home jurisdictions for compensation.

In most cases, these situations are accompanied by secondary exposure to asbestos. Workers who handle asbestos at work may transfer it to their families or spouses. The family members are affected by mesothelioma as well as other asbestos-related illnesses.

Many lawsuits are filed by the families of victims based on this kind of situation. Asbestos attorneys can help families bring a claim against the companies that caused the asbestos-related injuries suffered by their loved relatives.

Another big advancement in asbestos litigation is the rise of class action lawsuits. These asbestos lawsuits allow victims to seek justice with the help of a lawyer who is experienced in the complicated legal issues that these cases bring.

Certain asbestos attorneys are against this type of litigation. There have been numerous initiatives to pass legislation that limit the use class actions in asbestos lawsuits.

The most recent major change in asbestos litigation is the filing of an action by Massachusetts residents against 4 companies for how they handled asbestos removal and disposal. The lawsuit claimed that the companies in violation of state law by not disposing asbestos properly and exposing residents to the harmful dust.

Asbestos litigation has been a long-running problem that will likely persist for many decades to come. The asbestos industry has tried to avoid responsibility by bringing up technical legal arguments and attempting to pass legislative remedies which would stop victims from seeking justice. But, it appears that a lot of victims and their lawyers are determined to see justice done.