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Asbestos Lawsuit History Many asbestos victims have received assistance from lawyers like Stanley Levy. Patients suffering from asbestos-related diseases like mesothelioma can sue companies that mined or manufactured asbestos. The first asbestos lawsuit was filed by Nellie Kershaw. She worked at a factory that made asbestos fibers in England and developed health problems. She died at 33 due to fibrosis in her lungs. It was caused by asbestos exposure. The First Cases Asbestos, a dangerous mineral, has afflicted and killed thousands of people throughout the years. Asbestos claims can be filed for many reasons, but they typically involve those who were exposed to the substance at work. This includes employees who worked in factories that made asbestos-related products, or on the construction sites of buildings that contain asbestos. It can also include those who were exposed to asbestos through household products such as talcum powder. Exposure to asbestos can lead to many different illnesses that include lung cancer, mesothelioma and other respiratory ailments. Many have received compensation for their injuries even though some these diseases are fatal. This is because many countries have laws that require companies that create dangerous substances to inform those who may be hurt by them. The first asbestos lawsuit that was filed in 1929 was filed by a woman with the name of Anna Pirskowski. She was suffering from a variety of symptoms, including shortness of breath and thickening of the fingertip tissue, which is called clubbing. She received a settlement worth $75,000 in what is believed to be the first class action lawsuit that involved asbestos. Asbest lawsuits continued to be filed in the years following. Asbestos litigation became a very broad area of law and many attorneys began to specialize in asbestos litigation. They only accepted cases that were very important. One firm that was involved in this was Kazan Law, which in the latter half of the 1980s began to focus on the bringing of cases on behalf of people who had mesothelioma. Other lawsuits have been won by people who suffered from asbestos-related illnesses like asbestosis and plaques in the pleural cavity. The condition that caused them was very similar to mesothelioma which makes it more straightforward to prove for lawyers. These claims also led to the disclosure of secret documents that demonstrated how asbestos-related manufacturers attempted to conceal the dangers. This led to the Asbestos Ban and Phase Out Rule being issued in 1989. The Second Cases As the number of people suffering from asbestos-related diseases grew, patients and their families began bringing lawsuits against companies that mined, made or sold asbestos-containing products. Mesothelioma victims also filed lawsuits against companies that designed and constructed the structures in which they worked such as shipyards, power plants and refineries. The link between asbestos exposure and mesothelioma growth is solid. By the early 1980s, the legal litigation over asbestos lawsuits started to get more intense and the courts made rulings on a variety of aspects of the litigation process. For example, a federal court ruled that only people suffering from a malignant asbestos-caused disease such as mesothelioma or lung cancer are able to file a lawsuit against the manufacturers of asbestos-related products they employed. This ruling, dubbed Borel v. Fibreboard Paper Products Corp. was a major setback to asbestos lawsuit defendants. Around the same time, Nellie Kershaw, a factory worker from Rochdale, England, filed what is considered the first legal claim that is well-known against asbestos companies. Kershaw was diagnosed with lung ailments due to her close contact with raw asbestos fibers, attempted to convince the company she worked for to pay for her medical treatments. The company refused. Kershaw passed away in her 30s from fibrosis. The second phase of asbestos lawsuits centered on workers exposed to different types asbestos-containing building products, such as fireproofing sprays, and drywall products. Asbestos lawyers also successfully brought cases against companies that manufactured the equipment that utilized asbestos-containing materials, such as boilers and pumps. During this time, numerous documents that were incriminating were found that revealed asbestos companies were involved in conspiracy and fraud. This 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 conspiracy between these companies to hide the dangers of asbestos and deflect efforts to educate 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 limit asbestos liability by asbestos companies. These attempts were met with strong opposition from plaintiffs' lawyers and their clients, as as the general public in general. The Third Case By the 1970s, asbestos companies had lost the ability to keep information on the fatal effects of mesothelioma and other asbestos-related diseases from the general public. This was due in large part to the fact major national publications began to pay attention to the connection between asbestos, mesothelioma and other respiratory diseases, rather than small industry newsletters and medical journals. After Cincinnati asbestos lawyers -related serious illness were well established and the victims began filing lawsuits against asbestos-related companies. In the 1970s, a decision by the courts which allowed plaintiffs to make recourse to strict liability as a legal theory was among the major reasons for an increase in asbestos lawsuits. Plaintiffs in asbestos cases would have to prove that asbestos manufacturers were negligent in exposing them to. In the 1973 case Borel v. Fibreboard a judge ruled asbestos manufacturers liable for any injuries that resulted from their products if they knew that their product was unsafe, but did not inform their employees or the general public about the dangers. Following this ruling, many asbestos-related companies filed for bankruptcy, a process that allows a business to reorganize itself in bankruptcy court, and put money in trusts to pay asbestos claims and still operate. Johns-Manville is a notable example, as it was the subject of numerous lawsuits from former factory workers 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 increased in the past few years because of the increasing number of asbestos-related diseases. Asbestos cases can be complicated due to the ailments they cause can take decades to manifest themselves and aren't 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 to be responsible. The US Supreme Court has dealt with several 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 individual defendants liable for asbestos-related injuries. The Fourth Case Asbestos is a highly dangerous mineral, which has caused the death or sickness of hundreds of thousands of people over the years. Asbestos was also extensively used by manufacturers who knew it was a risk, but continued to employ it. As the legal system handles these 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 multinational companies in their home countries to recover compensation. Most of the time, these cases are accompanied by secondary exposure to asbestos. Workers who work with asbestos work may pass it on to their families or spouses. The family members then suffer from mesothelioma, or other asbestos-related illnesses. This type of case is the basis for a variety of lawsuits filed by families of victims of asbestos today. Asbestos attorneys can help families bring a claim against companies responsible for the asbestos-related injuries suffered by their loved relatives. Another major development in asbestos litigation is the increase in 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 that these cases present. While many asbestos attorneys have advocated for this type of litigation, there are some who oppose it. There have been numerous attempts at passing legislation to restrict the use of class actions in asbestos lawsuits. The most recent major change in asbestos litigation was the filing of a suit by Massachusetts residents against four companies concerning how they dealt with asbestos abatement and disposal. The lawsuit claimed that the firms did not follow state laws by not disposing asbestos properly and failing to protect residents from toxic dust. Asbestos litigation has been going on for a long time and 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 remedies that would stop victims from seeking justice. It appears that a lot of victims, and their lawyers are determined to get justice acted upon.