Asbestos News Roundup: 8.12.11

August 12th, 2011. 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: Charles W. Davis Jr., is suing 79 companies alleging that they are responsible for his father’s lung cancer and resulting death in July 2009.

On July 24, 2009, Charles W. Davis Sr., was diagnosed with lung cancer on July 24, 2009 and died just four days later, according to the lawsuit.

Charles W. Davis Jr., alleges that the defendant companies exposed his father to asbestos and asbestos-containing products which resulted in his developing lung cancer. Davis Sr., worked at Allied Chemical as an operator and foreman for 34 years, from 1945 to 1979, and it was during this time that he was exposed to asbestos-containing products and fibers.

The 79 defendants are being sued upon theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, misrepresentation and post-sale duty to warn, according to the suit.

The 79 defendants named in the suit are: 3M Company; A.O. Smith Corporation; A.W. Chesterton Company; Ajax Magnethermic Corporation; Allied Chemical Corporation; AmChem Products; Armstrong International; Ashland, Inc.; Aurora Pump Company; BW IP, Inc.; Catalytic Construction Company; Certainteed Corporation; Cleaver-Brooks Company, Inc.; Copes-Vulcan, Inc.; Crane Co.; Dravo Corporation; Eaton Electrical, Inc.; Flowserve Corporation; Flowserve US, Inc.; FMC Corporation; Foster Wheeler Energy Corporation; Gardner Denver, Inc.; General Electric Company; General Refractories Company; Gordon Gasket & Packing Co.; Goulds Pumps, Inc.; Greene Tweed & Company; Grinnell, LLC; Hercules, Inc.; Honeywell International f/k/a Allied Signal, Inc.; Honeywell International, Inc.; Honeywell International, Inc. as successor-in-interest to Semet Solvay; Howden North America, Inc.; IMO Industries, Inc.; Industrial Holdings Corporation; Ingersoll Rand Company; Insul Company, Inc.; Invensys Systems, Inc.; ITT Corporation; J.H. France Refractories; McJunkin Corporation; Metropolitan Life Insurance Company; Nagle Pumps; National Service Industries Venture, Inc.; Nitro Industrial Coverings, Inc.; Ohio Valley Insulating Company; Owens-Illinois, Inc.; Pneumo Abex Corporation; Premier Refractories, Inc.; Rapid American Corporation; Rhone-Poulenc, Inc.; Riley Power, Inc.; Rockwell Automations, Inc.; Roper Pump Company; Rust Constructors, Inc.; Rust Engineering & Construction, Inc.; Rust International, Inc.; Schneider Electric USA, Inc.; Spirax Sarco, Inc.; State Electric Supply Company; Sterling Fluid Systems, LLC; Sundyne Corporation; SVI Corporation; Swindell Dressier International Company; Tasco Insulations, Inc.; The William Powell Company; Tyco Flow Controls Inc.; Union Boiler Company; Union Carbide Chemical and Plastics Company, Inc.; Uniroyal, Inc.; United Engineers & Constructors and Washington Group International; Viacom, Inc.; Viking Pump, Inc.; Vimasco Corporation; Warren Pump; West Virginia Electric Supply Company; Yarway Corporation; Zenith Pumps; and Zurn Industries, LLC.

Asbestos Law

Buffalo, NY: Two companies and nine people have been indicted by a federal grand jury for violations of the Clean Air Act that took place during the alleged asbestos removal project at the vacant Kensington towers housing project. Three of the nine people indicted were government inspectors during the time the violations took place.

A press release from the United States Attorney’s Office for Western New York states ” The U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury has returned a 23-count Indictment charging two companies and nine individuals with various federal felony charges relating to the asbestos abatement project conducted at the Kensington Towers apartment complex, 1827 Fillmore Avenue, Buffalo, New York. The companies charged with criminal violations are identified as Johnson Contracting of WNY, Inc. (Johnson Contracting) and JMD Environmental, Inc. (JMD). The individual defendants include Ernest Johnson, 39, and Rai Johnson, 32, both from Buffalo, NY and the President and Supervisor of Johnson Contracting (respectively); Evan Harnden, 42, a supervisor of JMD and Brian Scott, 31, JMD project monitor, both from North Tonawanda; and Henry Hawkins, 41, of Buffalo, NY and Chris Coseglia, 25, of Niagara Falls, NY; also project monitors of JMD.”

Reportedly, the 23 indictments allege the defendants conspired to violate the Clean Air Act and to defraud the United States by (among other things) by failing to conduct proper air sampling, and by creating false visual inspection reports certifying that all asbestos had been removed from the buildings. The companies and individual defendants are also charged with violations of the Clean Air Act based on their roles as project monitors during the final visual inspection process at the buildings and making and using false documents during the course of the asbestos abatement activities including generating false inspection reports stating that all asbestos had been removed from the six towers, when they knew that in fact some asbestos remained on site. (WGRZ.com)

Tags: Asbestos, Asbestos Mesothelioma, asbestos_mesothelioma

This was posted on Friday, August 12th, 2011 at 11:34 am and is filed under Asbestos Mesothelioma, Emerging Issues . Feel free to respond, or trackback. Read our comments policy.