Asbestos News Roundup: 2.2.12

February 2nd, 2012. By LucyC

A roundup of recent asbestos-related news and information that you should be aware of. An ongoing list of reported asbestos hot spots in the US from the Asbestos News Roundup archive appears on our asbestos map.

Asbestos Lawsuits

Charleston, WV: A couple from Ohio has filed an asbestos lawsuit naming 62 companies as defendants. The Sheltons claim the companies are responsible for Mr. Larry E. Shelton’s mesothelioma diagnosis.

Larry E. Shelton was diagnosed with asbestos mesothelioma on November 18, 2011. In his lawsuit, Shelton alleges he was exposed to asbestos during his career as a bricklayer, laborer and roofer between 1964 and 1993.

Shelton claims the defendants knew or should have known of the dangers of associated with asbestos exposure and that the defendants failed to warn him of those dangers.

According to the lawsuit, the defendants are being sued based on theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentations and post-sale duty to warn.

The 62 companies named as defendants are: 3M Company; A.K. Steel Corporation; A.W. Chesterton Company; Ajax Magnethermic Corporation; Allied Chemical Corporation; Amdura Corporation; Atlas Turner, Inc.; Bucyrus International, Inc.; Bechtel Corporation; Catalytic Construction Company; Caterpillar, Inc.; Certainteed Corporation; Clark Equipment Company; Cleaver-Brooks Company, Inc.; Columbus McKinnon Corporation; Crane Co.; Dravo Corporation; Eaton Electrical, Inc.; Elliott Company; Flowserve FSD Corporation; FMC Corporation; Foseco, Inc.; Foster Wheeler Energy Corporation; General Electric Company; Georgia Pacific Corporation; Goulds Pumps, Inc.; Hercules, Inc.; IMO Industries, Inc.; Industrial Holdings Corporation; Ingersoll-Rand Company; Insul Company, Inc.; ITT Corporation; J.H. France Refractories Company; McJunkin Red Man Corporation; Metropolitan Life Insurance Company; Morgan Engineering, Inc.; NACCO Materials Handling Group, Inc.; Nitro Industrial Coverings, Inc.; Oglebay Norton Company; Ohio Valley Insulating Company, Inc.; Owens-Illinois, Inc.; Pettibone/Traverse Lift, LLC; Premier Refractories, Inc.; Rapid American Corporation; Riley Power Inc.; Rockwell Automations, Inc.; Rust Constructors, Inc.; Rust Engineering & Construction, Inc.; Rust International, Inc.; Schneider Electric USA, Inc.; State Electric Supply Company; Sterling Fluid Systems (US) LLC; Sunbeam Corporation; Tasco Insulations, Inc.; The F.D. Lawrence Electric Company; UB West Virginia, Inc.; Uniroyal, Inc.; United Engineers & Constructors and Washington Group International; Viacom, Inc.; Vimasco Corporation; West Virginia State Electric Supply Company; and Yale Materials Handling Corporation. (wvrecord.com)

Charleston, WV: George L. Rawson Sr, and his wife are suing 80 companies they claim are responsible for Mr. Rawson’s lung cancer diagnosis.

Rawson Sr. was diagnosed with asbestos-related lung cancer on January 15, 2010, according to the lawsuit. Rawson alleges that between 1964 and 1997 he was exposed to asbestos through his work as a laborer.

The defendant companies are being sued based on theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentations and post-sale duty to warn, according to the lawsuit.

The 80 companies named as defendants are: A.W. Chesterton Company, Inc.; Air & Liquid Systems Corporation; Ajax Magnethermic Corporation; Allied Glove Corporation; American Bridge Company; Armstrong International, Inc.; Aurora Pump Company; Beazer East, Inc.; Bechtel Corporation; Borg-Warner Corporation; Catalytic Construction Company; Cleaver Brooks Company, Inc.; Columbus McKinnon Corporation; Crane Co.; Dravo Corporation; Eaton Electrical, Inc.; F.B. Wright Company; Fairmont Supply Company; Flowserve FSD Corporation; Flowserve US, Inc.; FMC Corporation; Ford Motor Company; Foseco, Inc.; Foster Wheeler Energy Corporation; General Electric Company; Genuine Parts Company; Geo. V. Hamilton, Inc.; Gordon Gasket & Packing Co.; Goulds Pumps; Graybar Electric Company, Inc.; Grinnell, LLC; Hercules, Inc.; Honeywell International; Honeywell, Inc.; Howden North America, Inc.; I.U. North America, Inc.; IMO Industries, Inc.; Inductotherm Industries, Inc.; Industrial Holdings Corporation; Ingersoll-Rand Company; Insul Company, Inc.; ITT Corporation; John Crane, Inc.; Lockheed Martin Corporation; Mallinckrodt; McJunkin Corporation; Metropolitan Life Insurance Company; Morgan Engineering Systems, Inc.; Mueller Steam Specialty; Nagle Pumps, Inc.; Oglebay Norton Company; Ohio Valley Insulating Company, Inc.; Owens-Illinois, Inc.; P&H Mining Equipment, Inc.; Premier Refractories, Inc.; Rapid American Corporation; Reading Crane; Riley Power, Inc.; Rockwell Automation, Inc.; Rust Constructors, Inc.; Rust Engineering & Construction, Inc.; Rust International, Inc.; Schneider Electric USA, Inc.; Sterling Fluid Systems (USA), LLC; Sunbeam Corporation; Swindell Dressier International Corporation; Tasco Insulations, Inc.; The Alliance Machine Company; The Gage Company; The Rust Engineering Company; The Sager Corporation; The William Powell Company; Thiem Corp.; UB West Virginia, Inc.; United Engineers & Constructors and Washington Group International; Viacom, Inc.; Vimasco Corporation; Warren Pumps, Inc.; Yarway Corporation; and Zurn Industries, LLC. (wvrecord.com)

Charleston, WV: Sixty companies have been named as defendants in an asbestos lawsuit filed by the widow of the late Jimmy Dale Phillips. In her lawsuit, Barbara Phillips claims the defendants are responsible for the lung injury and resulting death of Mr. Phillips.

The lawsuit states that on September 11, 2009, Phillips was diagnosed with lung cancer, from which he died on December 20, 2010. Further, the lawsuit claims the defendants caused Phillips to be exposed to asbestos from 1958 until 1993, during his career as a carpenter and laborer. Barbara Phillips claims the defendants failed to warn her husband of the dangers of asbestos.

The lawsuit alleges theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentations and post-sale duty to warn on the part of the defendants.

The 60 defendants named in the suit are: 3M Company; A.O. Smith Company; A.W. Chesterton Company; B.P. Oil Company; Beazer East, Inc.; Bechtel Corporation; Borg-Warner Corporation; Catalytic Construction Company; Caterpillar, Inc.; Certainteed Corporation; Cleaver-Brooks, Inc.; Crane Co.; Crown Cork & Seal USA, Inc.; Dravo Corporation; Eaton Electrical, Inc.; Flowserve US, Inc.; FMC Corporation; Ford Motor Company; Foster Wheeler Energy Corporation; General Electric Company, Inc.; Genuine Parts Company; Georgia-Pacific, LLC; Goulds Pumps, Inc.; Grinnell, LLC; Honeywell International; IMO Industries, Inc.; Industrial Holdings Corporation; Ingersoll-Rand Company; ITT Corporation; Joy Technologies, Inc.; Lockheed Martin Corporation; McJunkin Corporation; Metropolitan Life Insurance Company; Mobil Corporation; Nagle Pumps, Inc.; National Services Inc.; Nitro Industrial Coverings, Inc.; Ohio Valley Insulating Company, Inc.; Owens-Illinois, Inc.; Pneumo Abex Corporation; Premiere Refractories, Inc.; Rapid American Corporation; Riley Power, Inc.; Rockwell Automations, Inc.; Rust Constructors, Inc.; Rust Engineering & Construction, Inc.; Schneider Electric USA, Inc.; Standard Oil Company, Inc.; Sterling Fluid Systems (USA), LLC; Tasco Insulations, Inc.; the Goodyear Tire & Rubber, Co.; the William Powell Company; UB West Virginia, Inc.; Uniroyal Holdings, Inc.; United Engineers & Constructors and Washington Group International; Viacom, Inc.; Viking Pump Company; Vimasco Corporation; Yarway Corporation; and Zurn Industries, Inc. (wvrecord.com)

Asbestos Settlements

Columbia, MD: W. R. Grace & Co has announced that agreements in principle have been reached among itself, co-proponents of its joint plan of reorganization, BNSF railroad, several insurance companies and the representatives of Libby, MT asbestos personal injury claimants, to settle objections to the joint plan. The agreements in principle are subject to execution of definitive agreements and approval by the U.S. Bankruptcy Court for the District of Delaware. Pursuant to the agreements, the objections to the joint plan by the Libby claimants and BNSF would be settled, and those parties would forego any further appeals to the plan.

Among the items covered in the agreements is a requirement for Grace to turn the currently Grace-operated Libby Medical Program over to a locally administered trust, and to fund the trust with $19.5 million. Grace began the Libby Medical Program in 2000 and has spent more than $20 million on the health care of the participants over the last 11 years. Once the trust assumes responsibility for the Libby Medical Program, Grace will no longer have any operational, funding, or other responsibility for the program.

In addition to amounts funded by Grace under the agreements in principle, settlements involving BNSF, its insurers and the Libby claimants will provide the Libby claimants with additional money. Payments to Libby claimants under the joint plan are not affected by the Grace-Libby agreement regarding Libby Medical Program responsibilities, and would commence shortly after the joint plan becomes effective.

Grace filed for protection under Chapter 11 in 2001. Its joint plan was approved by the U.S. Bankruptcy Court in January 2011. On January 31, 2012, the U.S. District Court issued an order denying all appeals of the confirmation order and affirming the Plan in its entirety. (Businesswire.com)

Tags: Asbestos, asbestos lawsuit, Asbestos Settlement, asbestosis, asbestos_mesothelioma, mesothelioma

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