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Asbestos Lawsuit History Many asbestos victims have been helped by lawyers such as Stanley Levy. Tampa asbestos attorneys suffering from asbestos-related illnesses like mesothelioma can sue companies that mined or manufactured asbestos. Nellie Kershaw filed the first 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 due to fibrosis of her lungs, which was caused by exposure to asbestos. The First Cases Asbestos is a hazardous mineral that has afflicted or killed thousands of people over time. Asbestos claims are filed for a variety of reasons, but the majority involve those who were exposed to asbestos in their 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 like talcum powder. People who were exposed to asbestos could be afflicted with a variety of illnesses, including mesothelioma and lung cancer, and other respiratory conditions. While some of these illnesses are serious and may be fatal, many people have been able receive compensation for their injuries. This is largely because most countries have laws that require companies that create dangerous substances to warn those who may be hurt by them. The first asbestos lawsuit was filed in 1929, and involved a woman named Anna Pirskowski. She was suffering from shortness of breathe and a thickening of the tissue around the fingertip (known as clubbing). She received a settlement worth $75,000 in what is believed to be the first-ever class action lawsuit that dealt with asbestos. In the years following in the years that followed, more and more asbestos lawsuits were filed. Some of these cases were very large, and many attorneys began to specialize in asbestos litigation. They only took on cases that were important. Kazan Law was one firm that was focusing on this in the latter part of the 80s. Other lawsuits were won by people who had suffered from other asbestos-related illnesses like asbestosis or pleural plaques. The disease that caused them was very like mesothelioma which makes it simpler to prove for lawyers. These claims also led to the revelation of secret documents that revealed how manufacturers of asbestos products tried to conceal the risks. In 1989 the Asbestos Ban & Phase Out Rule was issued. The Second Cases As the number diagnosed with asbestos-related diseases grew the number of victims and their families began filing lawsuits. These lawsuits were filed against businesses that mined asbestos, manufactured asbestos-containing products, or sold asbestos-containing goods. Additionally, mesothelioma patients made claims against companies who designed and constructed the buildings where they worked including power plants, shipyards, factories and refineries. The correlation between asbestos exposure and the development of mesothelioma is strong. In the early 1980s the legal fights over asbestos lawsuits got more intense and the courts began to rule on various aspects of the case process. For example, a federal court ruled that only individuals suffering from a malignant asbestos-caused illness such as mesothelioma, or lung cancer are eligible to bring lawsuits against the producers of the asbestos products they used. This ruling, referred to as Borel V. Fibreboard Paper Products Corp. was a major setback 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 companies. Kershaw, a factory worker from Rochdale, England, was diagnosed with lung issues caused by her close exposure to raw asbestos fibers. She tried to get her employer to pay for the treatment. However, the company refused. Kershaw passed away at the age of 33 from lung fibrosis. The second wave of asbestos cases focused on those who worked in construction sites and were exposed to various kinds of asbestos-containing building materials, including fireproofing sprays, drywall products and textures. Asbestos lawyers also brought successful cases against companies who produced equipment that contained asbestos-containing materials, such as boilers and pumps. During this time, many documents that implicated asbestos companies were uncovered. These documents proved their involvement in conspiracies and fraud. The documents included personal files 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 conceal asbestos' dangers and deflect efforts to educate the public. The discovery of these, and other forms of corporate fraud and collusion in the early and mid-1980s led to a flurry of class action settlements and other attempts at limiting asbestos liability for asbestos companies. These attempts were met with fierce resistance from plaintiffs’ attorneys and their clients as well as the public. The Third Cases By the 1970s, asbestos companies had lost the ability to keep information about the devastating effects of mesothelioma and the other asbestos-related illnesses from the public. This was due in large part to the fact that the connection between asbestos and ailments like asbestosis, mesothelioma and other respiratory ailments began receiving attention from major national publications instead of small medical journals or industry newsletters. Once the connection between asbestos and serious diseases was well established, victims began making lawsuits against asbestos producers. One of the main factors that pushed more asbestos lawsuits in 1970s was a court decision that allowed plaintiffs to utilize the legal theory of strict liability. Previously asbestos lawsuits, plaintiffs had to prove that asbestos manufacturers were negligent in the way they caused their asbestos exposures. However, in the 1973 case of Borel v. Fibreboard, a judge decided that asbestos manufacturers were accountable for any injuries caused by their products if the company knew that their product was dangerous and failed to warn its employees or the general public about the dangers. In the wake of this ruling, a number of asbestos-related companies have filed for bankruptcy, a procedure which allows a company to reorganize itself in bankruptcy court, set funds aside in trusts to pay for asbestos claims, and then continue to be in operation. Johns-Manville is a notable case, since it was slammed with a variety of lawsuits brought by former factory workers who were suffering from asbestosis, lung cancer, and mesothelioma. Kazan Law brought several cases against the manufacturer and was able to win punitive damages against it. Asbestos litigation has grown since then 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 apparent to those diagnosed. Additionally certain victims have been forced to wait for years to receive compensation from insurance companies after their employers were found liable. The US Supreme Court has dealt with numerous cases involving settlements for class actions that asbestos companies offered as a way to limit their liability, and it has also pondered the question of whether or not it is possible to hold individual defendants liable for injuries caused by asbestos. The Fourth Case Asbestos is an incredibly dangerous mineral that has killed or sickened hundreds of thousands of people over the years. It's also a material that was used extensively by companies that knew it was dangerous and they continued to make use of it in their manufacturing processes. As the legal system handles these asbestos lawsuits and asbestos lawsuits, there are always new developments. One of the most important legal developments is a decision known as Lubbe v Cape Plc, which set the precedent for victims to sue multinational corporations in their home jurisdictions to recover compensation. Most of the time, these cases involve exposure to asbestos in the second degree. Workers who handle asbestos at work may transfer it to their family members or spouses. The family members suffer from mesothelioma and other asbestos-related diseases. This kind of case is the basis for a variety of lawsuits filed by families of victims in the present. Asbestos lawyers can aid families file a lawsuit against the company responsible for their loved ones' asbestos injuries. Another major development in asbestos litigation is the rise of class action lawsuits. These asbestos lawsuits allow victims to seek justice with the aid of a lawyer experienced in the complicated legal issues that these cases bring. While many asbestos attorneys have advocated for this type 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 asbestos-related class actions. The most recent significant development in asbestos litigation was the filing of a lawsuit filed by Massachusetts residents against four companies over the way they handled asbestos removal and disposal. The lawsuit claimed that the companies had violated state law by not properly disposing of asbestos and failing to protect residents from harmful dust. Asbestos litigation has been going on for decades and it's likely that it will continue to be well into the future. The asbestos industry has tried to avoid responsibility through legal arguments based on technicalities and also by attempting to pass legislative solutions which would hinder victims from seeking justice. It appears that many victims, as well as their lawyers are determined to see justice served.