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Asbestos Lawsuit History Lawyers like Stanley Levy have helped many asbestos victims. Patients suffering from asbestos-related diseases such as mesothelioma are able to sue companies that mined asbestos, made or used asbestos. The first asbestos lawsuit was filed by Nellie Kershaw. She worked at a factory that spun asbestos fibers in England and was diagnosed with health issues. She died at 33 due to fibrosis that had developed in her lungs. It was caused by asbestos exposure. The First Cases Asbestos, a hazardous mineral, has sickened and killed thousands of people over the years. Asbestos claims can be filed for various reasons, but they usually involve people who were exposed to the substance at work. This includes those who worked in factories that made asbestos-related products or at the construction sites of buildings with asbestos. It could also include people who were exposed to asbestos through household products like talcum powder. Anyone who was exposed to asbestos could develop a number of different diseases including mesothelioma, lung cancer, and other respiratory ailments. While some of these ailments are extremely serious and could be fatal, many have been able receive compensation for their injuries. This is because many countries have laws that require companies who create dangerous substances to warn those who could be injured by them. The first asbestos lawsuit that was filed in 1929 involved a woman by the name of Anna Pirskowski. She was suffering from a number of symptoms, including breathlessness and thickening of the fingertip tissue called clubbing. She received a settlement amounting to $75,000 in what is believed to be the first class action lawsuit that involved asbestos. In Trenton asbestos attorneys that followed in the years that followed, more and more asbestos lawsuits were filed. Asbestos litigation grew into a broad area of law and many lawyers started to specialize in asbestos litigation. They only would take on cases that were extremely important. Kazan Law was one firm that was focusing on this in the late 80s. Other lawsuits were won by people who had been diagnosed with other asbestos-related diseases such as asbestosis or plaques in the pleural cavity. This is due to the fact that the disease that caused these was very similar to mesothelioma and therefore easier for lawyers to prove. These allegations led to the public disclosure of secret documents which showed the ways asbestos product manufacturers attempted to hide their risks. In 1989 the Asbestos Ban & Phase Out Rule was issued. The Second Cases As the number diagnosed with asbestos-related diseases grew, victims and families began bringing lawsuits. These lawsuits were filed against companies that mined asbestos, produced asbestos-containing products, or sold asbestos-containing goods. Additionally, mesothelioma patients filed claims against the companies that designed and built the buildings where they worked including power plants, shipyards, refineries and factories. The connection between mesothelioma and asbestos exposure is strong. In the early 1980s the legal fights over asbestos lawsuits got more ferocious and courts began to rule on many aspects of the litigation process. A federal court, for example decided that only those suffering from asbestos-related malignancies such as mesothelioma and lung cancer were able to bring a lawsuit against the makers of asbestos products. This ruling, dubbed Borel v. Fibreboard Paper Products Corp. was a major setback for asbestos lawsuit defendants. Around the same time, Nellie Kershaw, a factory worker from Rochdale, England, filed what is considered the first well-known legal claim against asbestos companies. Kershaw was diagnosed with lung problems due to her close contact with asbestos fibers, attempted to get the company she worked for to pay for her treatments. The company refused. Kershaw passed away in her 30s from fibrosis. The second wave of asbestos cases focused on those who worked in construction sites and were exposed to different types of asbestos-containing building products, including fireproofing sprays, drywall products and textures. Asbestos lawyers also won lawsuits against companies who manufactured the equipment that used asbestos-containing products, such as pumps and boilers. During this time, many documents incriminating asbestos companies were discovered. These documents revealed their involvement in conspiracies and fraud. These included the personal records of Johns-Manville president Sumner Simpson, as well as correspondence from the general counsel of another asbestos manufacturer, Raybestos Manhattan. These documents revealed a plot between these companies to conceal asbestos' dangers and deflect efforts to educate the public. In the mid-1980s to early-1990s in the 1980s, when these and other forms of corporate fraud and conspiracy were exposed, a wave class action settlements was launched, along with other attempts made to limit asbestos liability by asbestos companies. These attempts were met with strong resistance from plaintiffs' attorneys and their clients, as as from the public in general. The Third Cases In the 1970s, asbestos-related companies had lost the ability to conceal 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 major national journals began paying attention to the link between mesothelioma, asbestos, and other respiratory diseases, rather than small industry medical journals and newsletters. As soon as the link between asbestos and serious illness was established, patients started filing lawsuits against asbestos manufacturers. In the 1970s, a court ruling that allowed plaintiffs the use of strict liability as a legal theory was one of the main reasons for an increase in asbestos lawsuits. Previously, plaintiffs in asbestos cases required proof that asbestos manufacturers were negligent in creating their exposure to asbestos. However in the 1973 case of Borel v. Fibreboard, a judge decided that asbestos manufacturers were accountable for any injuries their products caused in the event that the company knew their product was dangerous and did not warn its employees or the general public about the dangers. Following this ruling, a lot of asbestos producers were forced to file for bankruptcy. This procedure permits a business, even though it is still in operation, to organize its affairs in bankruptcy court and put money in trusts to pay asbestos claimants. Johns-Manville was a particularly notable example, as it was the subject of numerous lawsuits brought by former factory workers suffering from asbestosis, lung cancer and mesothelioma. Kazan Law brought several cases against the manufacturer and was able get punitive damages against it. Asbestos lawsuits have increased in the past few years due to the rising number of asbestos-related illnesses. Asbestos cases are often complex due to the ailments that they cause can take a long time to manifest themselves and aren't always apparent to those who are diagnosed. Additionally, some victims have been forced to wait for years to receive compensation from insurance companies after their employers were found to be responsible. The US Supreme Court has dealt with several cases involving class action settlements 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 individual defendants liable for asbestos-related injuries. The Fourth Case Asbestos, a mineral that is extremely dangerous has killed and sickened hundreds of thousands over the decades. Asbestos was also extensively used by companies who were aware of its dangers, but continued to use it. As the legal system handles these asbestos lawsuits and asbestos lawsuits, new developments take place all the time. One of the most significant legal developments is the ruling Lubbe v. Cape Plc. This set an example for asbestos victims to sue multi-national companies in their home countries to recover compensation. These cases typically involve secondary asbestos exposure. This is when those who work with asbestos on the job transfer it to their spouses or children living at home. The family members suffer from mesothelioma and other asbestos-related diseases. Many lawsuits are filed today by the families of victims based on this type of case. Asbestos lawyers can assist families file a claim against the companies that caused the asbestos injuries of their loved relatives. Another significant change in asbestos litigation is the increase in class action lawsuits. These asbestos lawsuits offer victims the opportunity to seek justice through the help of an attorney who is well-versed in the complicated legal issues that these cases raise. Certain asbestos lawyers are opposed to this type of litigation. In fact there have been a number of attempts to pass legislation restricting the use of asbestos-related class actions. The latest major change in asbestos litigation is the filing of a lawsuit by Massachusetts residents against 4 companies over their handling of asbestos removal and disposal. The lawsuit alleged the companies in violation of state law in not properly disposing asbestos and exposing residents to toxic dust. Asbestos litigation has been going on for decades and it's likely that it will continue to do so throughout the years to come. The asbestos industry has attempted to avoid responsibility by bringing up technical legal arguments and by trying to pass legislative remedies that would block victims from seeking justice. It appears that many victims, as well as their lawyers are determined to see justice acted upon.