Emerging Issues Archive

Asbestos News Roundup: 6.3.13 – Asbestos & Summer Renovations

June 7th, 2013. 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.

Summer Renovation and Asbestos Exposure Risk

As summer heats up, many people may be considering a home renovation—large or small— decks, garden sheds, new siding or roofs—even new rooms.

But before you go smashing through walls and ripping out old insulation, piping and wiring or roofing tiles—do your homework. Dangers may lurk within the walls, ceilings or floors. If your home is older, chances are it contains asbestos.

For example, asbestos siding was commonly used in construction years ago, making older homes a danger zone for asbestos mesothelioma. Like flooring, siding material was covered by asbestos to make it more durable and fire retardant. When these materials are disturbed—ripped off or torn out for example, they release asbestos fibers into the air, which people in immediate proximity then breathe in.

Equally important, when considering renovations, is hiring a reputable contractor who has the appropriate qualifications and licensing to remove asbestos.

Asbestos Lawsuits

Charleston, WV: The Newsomes, a couple from Jackson, OH, have filed an asbestos lawsuit naming 42 companies they claim are responsible for Ronald Newsome’s lung injury diagnosis. On September 10, 2012 Mr. Newsome was diagnosed with asbestosis and pleural plaques, according to his lawsuit.

Ronald Newsome worked as a mixer, laborer and at other various trades from 1958 until 1992. Both he and his wife, Patsy Newsome, allege the defendants exposed him to asbestos and/or asbestos-containing products during this period.

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

Additionally, certain defendants are also being sued as premises owners and as Ronald Newsome’s employers for deliberate intent/intentional tort.

The 42 defendants include 3M Company; A.W. Chesterton Company; Brand Insulations Inc.; CBS Corporation; Certainteed Corporation; Cleaver Brooks Company Inc.; Columbus McKinnon Corporation; Copes-Vulcan Inc.; Crane Company; and Crown, Cork & Seal USA Inc. (wvrecord.com)

Charleston, WV: 67 companies have been named as defendants in an asbestos lawsuit brought by a couple who allege the companies are responsible for a lung injury caused by asbestos exposure. John B. Kenyon was diagnosed with bilateral pleural plaques, on May 11, 2011, according to the lawsuit.

Mr. Kenyon and his wife, Peggy E. Kenyon, allege he was exposed to asbestos and/or asbestos-containing products during his employment as an estimator, warehouse employee/delivery person and sales person form 1964 until 2002.

The Kenyons are suing the defendants for negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentation and post-sale duty to warn.

Certain defendants are also being sued as premises owners and as Kenyon’s employers for deliberate intent/intentional tort, according to the suit.

The Kenyons are seeking a jury trial to resolve all issues involved. The 67 defendants include 3M Company; 4520 Corporation Inc.; A.W. Chesterton Company; Aurora Pump Company; Bechtel Corporation; Borg-Warner Corporation; Brand Insulations Inc.; Buffalo Pumps Inc.; BW/IP Inc.; and CBS Corporation. (wvrecord.com)

Tags: Asbestos, asbestos lawsuit, Asbestos Mesothelioma
Posted in Asbestos Mesothelioma, Emerging Issues | No Comments »

Law News For You: Reality TVM – Mesh Implant Victims Speak Out

June 5th, 2013. By AbiK

Tags: Incontinence, Mesh Implant Lawsuit, POP, SUI, TVM lawsuit, TVT Lawsuit
Posted in Defective Products, Drugs/Medical, Emerging Issues, lawsuits | No Comments »

Asbestos News Roundup: 5.30.13 – Asbestos in Schools

May 31st, 2013. 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 in Schools—Did You Know?

Federal law requires schools to conduct an initial inspection using accredited inspectors to determine if asbestos-containing building material is present and develop a management plan to address the asbestos materials found in the school buildings.

Schools are also required to appoint a designated person who is trained to oversee asbestos activities and ensure compliance with federal regulations. Finally, schools must conduct periodic surveillance and re-inspections of asbestos-containing building material, properly train the maintenance and custodial staff, and maintain records in the management plan.

Local education agencies must keep an updated copy of the asbestos management plan in its administrative office and at the school which must be made available for inspection by parents, teachers, and the general public.

For more information about federal asbestos regulations visit: http://www.epa.gov/asbestos/lawsregs.html

Asbestos Lawsuits

Pittsburgh, PA: Frank Kozlowski and his wife, Marie, of Melbourne Beach, Fl, have filed a short-form complaint in the master asbestos litigation docket in Philadelphia on April 26 against 17 companies that they allege are responsible for exposing Frank to asbestos dust and fibers. This exposure, they plaintiffs claim, is responsible for Frank’s recent lung cancer diagnosis.

According to the lawsuit, Frank Kozlowski was a pack-a-day smoker from 1957 to 2006, and was diagnosed as having lung cancer by his Florida physician on Januray 21, 2013.

Mr. Kozlowski worked as a laborer from 1959 to 1962, at the Portsmouth Naval Yard in New Hampshire from 1963 to 1967, and as an auto worker at Ed Roth & Sons in Glassboro, NJ, in 1968, the complaint states. The suit also states Frank did additional automobile work throughout the 1970s, and spent time working at both the Bremerton Naval Yard and Naval Station Norfolk during the early-to-mid 1960s.

The following defendants are named in the complaint: Air & Liquid Systems Corp., Aurora Pump Co., Borg-Warner Corp., Byron Jackson Pumps, CertainTeed Corp., Dana Companies LLC, Foster Wheeler LLC, General Electric Co., Georgia Pacific LLC, Honeywell International Inc., IMO Industries Inc., Maremont Corp., Metropolitan Life Insurance Co., Owens-Illinois Inc., Pneumo Abex LLC, and Warren Pumps LLC.

The Kozlowskis are seeking damages as set forth in the master asbestos litigation at Philadelphia’s Common Pleas Court. The case ID number is 130404113. (pennsylvaniarecord.com)

Charleston, WV: 48 companies have been named as defendants by a couple who allege they are responsible for the husband’s diagnoses of lung cancer and asbestosis. On September 12, 2011, Kenneth Joseph Morris was diagnosed with lung cancer and asbestosis on April 30, according to their asbestos lawsuit. The Morrises claim the 48 defendants exposed Kenneth Morris to asbestos-containing products during his employment as an electrician from 1964 until 2001. According to the lawsuit, Morris smoked cigarettes for 30 years, but quit in 2001.

The defendants are being sued based on theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentation and post-sale duty to warn, according to the suit, and certain defendants are also being sued as premises owners and as Kenneth Morris’ employers for deliberate intent/intentional tort.

The 48 defendants in the suit include: 3M Company; A.W. Chesterton Company; Aurora Pump Company; Brand Insulations Inc.; Buffalo Pumps Inc.; CBS Corporation; Certainteed Corporation; Cleaver Brooks Company Inc.; Columbus McKinnon Corporation; and Copes-Vulcan Inc. Kanawha Circuit Court case number: 13-C-924 (wvrecord.com)

Tags: Asbestos, asbestos lawsuit, Asbestos Settlement, asbestosis, mesothelioma
Posted in Asbestos Mesothelioma, Emerging Issues, lawsuits | No Comments »

The Kid’s Alright: #FreePatBrown if you Believe in Freedom of Speech

May 29th, 2013. By AbiK

This kid’s onto something. Unfortunately, he’s also out of something: school. He was apparently suspended for exercising his First Amendment rights. Here’s the story…

Pat Brown is young. He’s engaged. No, not as in heading to the altar—he’s socially aware and he’s participating in the dialog about his local school board budget. That would be the Cicero-North Syracuse (CNS) High School 2013-2014 budget, which hasn’t yet passed—it was rejected by voters last week.

Pat Brown, student at CNS High, is a concerned student; and he should be—according to a report at CNN, the CNS school board had warned that if the budget isn’t passed, cuts would be necessary—to things like athletic programs, extra-curricular activities and even the elimination of some teacher positions. Things that create and support a robust learning environment for students.

Pat Brown is just a kid—he’s 18, but for all intents and purposes, he’s a high school kid. But he employed the one thing—most likely the only thing—that he could to make his voice, and the voice of his fellow students, heard: he created #shitCNSshouldcut. Humorous, in a shitmydadsays kind of way? Yes. A welcome mat for a wide range of both constructive and negative suggestions? Absolutely. But he achieved the most important thing—he got the conversation going and undoubtedly helped raise awareness among the budget’s main constituency, the student body of CNS High.

But the story doesn’t end there. Sure there were tweets using the hashtag. You can imagine the range of comments—but what really set this story in motion is that Brown, himself, tweeted that CNS High’s executive principal should be let go. And that was apparently a no-no. Result? A three-day suspension for Brown. According to his own Twitter stream, he’s out till this Thursday (5/30).

Now, what’s interesting here is that while some reports indicate that Brown was on his cell phone in class—which in many schools would lead to some form of disciplinary action, though perhaps not immediate suspension—that doesn’t appear to be the impetus for the suspension. According to the CNN article, Brown says he was “called into the office and told he would be suspended for three days for harassing the principal, using a mobile phone in class and disrupting the learning environment.”

There’s the key: “harassing the principal”.

Harassing? It was Brown’s personal opinion that the executive principal is not performing up to snuff. He tweeted it. Unless there’s a serious chunk of the story that isn’t being reported, that doesn’t sound like harassment—it sounds like free speech.

Earlier, I said this kid is onto something. Here’s evidence of that—he tweeted this on May 25th:

“People who are comparing this to me insulting my future employer need to realize one thing…I do not work for my principal.”

You got that right. It’s taxpayer dollars that are paying the school administration’s and teacher’s salaries. And it’s not the principal who determines how the U.S. Constitution is to be interpreted (shameless plug: that would be for trial lawyers and the USSC to handle.)

Given that, perhaps the best suggestion for a CNS school budget cut came from @Rant_rant_rant:

“#shitcnsshouldcut Cut U.S. History classes, since the North Syr. school district no longer acknowledges the Constitution.”

Of course, I’m being facetious. But the tweeter’s got a point.

We’ll have to see where this story nets out, but in the meantime, a new hashtag has emerged: #FreePatBrown.

Tags: #FreePatBrown, #shitCNSshouldcut, Cicero North Syracuse School District, CNS High School, first amendment, freedom of speech, Pat Brown
Posted in Discrimination, Emerging Issues, Human/Civil Rights | No Comments »

13 TGI Fridays Targeted In Drink Scam Investigation

May 28th, 2013. By AbiK

Given news of late, Clifton, NJ may not be the best location to grab a burger and a drink. First, the Tick Tock Diner on Route 3 winds up with a manager being charged in a plot to torture, rob and kill the owner of the diner. Apparently, as NJ diners go, the Tick Tock is a far cry from Rosie’s Diner—Rosie’s was the NJ diner where the Bounty ‘quicker picker upper’ commercials from the ’70s & ’80s were filmed (though, Chelsea Clinton did do some campaign stomping at the Tick Tock in 2008 for her mom).

That gem was then followed by a Tick Tock Diner waitress filing sexual harassment charges against the same manager (somehow conjures up visions of that—groan—line, “got some fries with that shake?”, doesn’t it?)

And now, NorthJersey.com reports the Clifton TGI Fridays—literally a stone’s throw away from the Tick Tock Diner—is being investigated, along with 12 other TGI Fridays restaurants in NJ, for consumer fraud—specifically, switching out premium-brand liquor with non-premium brands in order to trick customers into paying more for their bar drinks.

According to the NJ State Division of Alcohol and Beverage Control (ABC), drink subbing costs consumers hundreds of thousands of dollars a year.

TGI Fridays, to be fair, is not the only target of the ABC investigation in NJ. And to be fair, this was Ricky Richardson, president of Friday’s USA, statement in response to the investigation:

“We consider the alleged actions detailed by the New Jersey Division of Alcoholic Beverage Control to be very disturbing. If accurate, they would represent a violation of our company’s values and our extensive bar and beverage standards which are designed to deliver the highest guest experience in our restaurants.”

Richardson continued, “We have zero tolerance for actions that undermine the trust of our guests and call into question the reputation we have built up over the past 48 years.”

The list of establishments being investigated as part of “Operation Swill” includes Railroad Cafe (East Rutherford), The Brick House (Wyckoff), Sunset Tavern (Burlington), Graziano’s Ristorante (Chesilhurst), Brunswick Grove (East Brunswick), Villari’s Lakeside (Gloucester Township), Yesterdays (Marmora), Italian Affair (Glassboro), Bells Tavern (Lambertville), Murrays (Dover), Sona Thirteen (Morristown), Blackthorn Restaurant (Parsippany), Ruby Tuesday (Bridgewater), Cafe 34 (Matawan), Applebee’s (Kearny), and Cucina Calandara (Fairfield). The 13 TGI Fridays are in Clifton, East Windsor, Old Bridge, North Brunswick, East Hanover, Piscataway, Freehold, Marlboro, Hazlet, Linden, Hamilton, Springfield, and West Orange.

Sadly, this is not the first time we’re reporting on a NJ restaurant trying to pull the ol’ switcheroo on its drinking clientele. Remember Laguna Grill and Martini Bar?

And sadly, this time, switching out the top shelf booze for lesser quality booze is the least of anyone’s concerns…

Some of the targeted establishments have allegedly taken things to a new level. A NorthJersey.com report states that some of the samples taken from confiscated liquor bottles showed evidence of dirty water and rubbing alcohol. Cheers!

The ABC investigation has been going on a year and has included taking statements from employees and also reviewing sales and invoice records for about twenty liquor “brands of interest”. And, of course, samples have been taken—150 of them—using the True Spirit Authenticator (yes, such a thing apparently exists). According to the NJ Office of the Attorney General, of the 150 samples taken, 30 were not the brand they claimed to be. Twenty percent of top-shelf bottle samples isn’t exactly a low percentage.

The penalty for drink-subbing typically involves a liquor license suspension (and potentially a fine, as in the case of Laguna Grill and Martini Bar). Suspensions range in length depending on whether its a first-time violation or second or third—and keep in mind, a violation occurs when just one drink is poured; so multiple violations can be derived from just one bottle.

Tags: Consumer Fraud, Drink Subbing, NJ State Division of Alcohol and Beverage Control, TGI Fridays, Tick Tock Diner
Posted in Consumer Fraud, Emerging Issues | 1 Comment »