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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 produced, mined or used asbestos and asbestos-containing products. Nellie Kershaw filed the first asbestos lawsuit. She developed health issues while working in an asbestos fiber factory in England. She died at 33 due to fibrosis of her lungs, caused by exposure to asbestos. The First Cases Asbestos, a hazardous mineral, has sickened and killed thousands of people over the years. Asbestos claims are filed for many reasons, but the majority involve those who were exposed to asbestos in their work. This includes those who worked in factories that produced asbestos-related products or at the construction site of buildings that contain asbestos. It could also include people who were exposed to asbestos through household products such as talcum powder. Exposure to asbestos can trigger many different illnesses, including mesothelioma, lung cancer and other respiratory issues. While some of these ailments are extremely serious and could be fatal, many people have been able to receive compensation for their injuries. The majority of countries have laws that require companies that create dangerous substances warn anyone who could be injured. The first asbestos lawsuit that was filed in 1929 included a woman by the name of Anna Pirskowski. She suffered from breath shortness and 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 involving asbestos. In the years following, more and more asbestos lawsuits were filed. Asbestos litigation became a large area of law, and many lawyers began to specialize in asbestos litigation. They only took on cases that were extremely serious. Kazan Law was one firm that specialized in this area in the late 80s. Other lawsuits have been won by individuals who suffered from asbestos-related ailments such as asbestosis or plaques in the pleural region. This is because the disease that caused these was similar to mesothelioma, making it easier for lawyers to prove. These claims also led to the revelation of secret documents that demonstrated the way asbestos producers attempted to conceal the dangers. In 1989 the Asbestos Ban & Phase Out Rule was issued. The Second Case As the number diagnosed with asbestos-related diseases grew, victims and families began filing lawsuits. These lawsuits were filed against businesses that mined asbestos, manufactured asbestos-containing products or sold asbestos-containing products. Additionally, mesothelioma patients filed claims against the companies who designed and constructed the buildings they worked in like shipyards, power plants factories and refineries. The link between asbestos exposure and mesothelioma development is solid. In the early 1980s the legal fights over asbestos lawsuits got more ferocious, and courts began to rule on a variety of aspects of case processes. For example a federal court decided that only people suffering from a malignant asbestos-caused disease such as mesothelioma or lung cancer are able to file an action against the makers of asbestos-related products they employed. This ruling, dubbed Borel v. Fibreboard Paper Products Corp., was a major setback to asbestos plaintiffs. At around the same time, Nellie Kershaw, a factory worker from Rochdale, England, filed what is believed to be the first well-known legal case against asbestos-related companies. Kershaw was diagnosed with lung ailments caused by her close contact with raw asbestos fibers, tried to get the firm she worked for to pay for her treatments. The company, however, refused. Kershaw died in her 30s of fibrosis. The second wave of asbestos-related cases focused on workers who worked at construction sites and were exposed types of asbestos-containing building materials such as fireproofing sprays, drywall materials and textures. Asbestos lawyers also brought successful cases against companies that produced equipment that contained asbestos-containing materials, such as pumps and boilers. During this time, numerous incriminating documents were discovered that revealed asbestos companies were involved in a scheme of fraud and. 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 the scheme of these companies to cover up the fact that asbestos was dangerous and to suppress efforts to inform the public about these dangers. The discovery of these and other types of corporate fraud and collusion in the early to mid-1980s led to a flurry of class action settlements and other attempts at limiting asbestos liability for asbestos-related companies. These efforts were met with a fierce resistance from plaintiffs' attorneys and their clients, as as the general public at large. The Third Case In the 1970s, asbestos companies were no longer able cover up the dangers of asbestos-related diseases such as mesothelioma from the public. This was due in large part to the fact major national journals began paying attention to the connection between mesothelioma, asbestos, and other respiratory diseases, rather than small industry medical journals and newsletters. After the links between asbestos and serious illness were well established and the victims began filing lawsuits against asbestos manufacturers. In Albany asbestos lawsuits , a court decision that allowed plaintiffs the recourse to strict liability as a legal concept was among the major factors that led to an increase in asbestos lawsuits. In the past, plaintiffs in asbestos cases had to prove that asbestos manufacturers were negligent in creating their exposure to asbestos. In the 1973 case of Borel v. Fibreboard a judge ruled asbestos manufacturers accountable for any injuries caused by their products if they knew that their product was dangerous but did not warn their employees or the general public about its dangers. Following this ruling, a lot of asbestos producers were forced to file for bankruptcy. This allows a business, while still in operation, to reorganize itself in bankruptcy court and to put funds into trusts to pay asbestos claimants. Johns-Manville is one of the most notable examples. It was a victim of numerous lawsuits brought by former employees who were suffering from asbestosis, mesothelioma and lung cancer. Kazan Law set several cases against the manufacturer and was able obtain punitive damages verdicts against the company. Asbestos lawsuits have increased since then because of the increasing number of asbestos-related diseases. Asbestos cases can be complicated, as the illnesses they cause can take years to manifest and are not always evident to those who have been diagnosed. In addition, some 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 addressed various cases where asbestos companies tried to limit their liability by offering settlements in class action. It also has discussed whether individual defendants could be held liable for injuries caused by asbestos. The Fourth Case Asbestos, a mineral which is extremely harmful, has sickened and killed hundreds of thousands of people over the years. It's also a material that was extensively used by companies who knew it was deadly and they continued to make use of it in their manufacturing processes. As the legal system tackles asbestos lawsuits, new developments are taking place all the time. One of the most significant legal developments is the ruling Lubbe v. Cape Plc. This set a precedent allowing victims to sue multi-national companies in their home countries for compensation. Most of the time, these cases are accompanied by secondary exposure to asbestos. This happens when workers who work with asbestos on the job pass it to their spouses or children at home. Family members suffer from mesothelioma and other asbestos-related diseases. This kind of case is the basis of many lawsuits filed by families of victims today. Asbestos lawyers can assist families file a claim against the company that is responsible for their loved ones' asbestos-related injuries. Another significant development in asbestos litigation is the rise of class action lawsuits. These asbestos lawsuits permit victims to pursue justice with the assistance of a lawyer who is experienced in the complicated legal issues these cases bring. While asbestos lawyers have advocated for this type of lawsuit, there are some who oppose it. There have been several attempts at passing legislation to limit the use of class actions in asbestos lawsuits. The most recent major change in asbestos litigation was the filing of a lawsuit filed by Massachusetts residents against four companies regarding how they handled asbestos abatement and disposal. The lawsuit alleged that the companies had violated the law of the state by not disposing of asbestos properly and failing to protect residents from toxic dust. Asbestos litigation has been ongoing for decades and it will continue to do so for a long time to come. The asbestos industry has attempted to avoid liability through legal arguments that are technical, and by trying to pass legislative remedies that would prevent victims from seeking justice. But, it appears that a lot of victims and their lawyers are determined to get justice.