Emerging Issues Archive
Asbestos News Roundup: 5.23.13 – Oklahoma Tornado Asbestos Risk
May 23rd, 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 Debris After F5 Tornado in Moore, OK
Photographs of the devastation wreaked by the F5 tornado that tore through the town or Moore, OK earlier this week, cannot accurately convey the full risk residents face as they begin cleaning up. Apart from sharp metal and electrical debris, contaminated water, lead paint and broken glass, there is the very real risk exposure to asbestos.
As was done following the tornado that flattened Joplin, MO, nearly two years ago to the day, the experts are warning that many of the homes in Moore were built with asbestos. In Joplin, 2,600 tons of asbestos debris were removed following the 2011 tornado. A similar scenario could be facing residents of Moore.
There was a building boom in Moore in the 1960s and 1970s, at least a decade before the dangers of asbestos became publicly known, and a time when asbestos was widely used in the construction industry. Many houses and other buildings in Moore likely contain asbestos—in roofing tiles, electrical insulation, toilet gaskets, furnaces, and dry wall mud, for example.
Because the chronic health effects of asbestos exposure may not become apparent for up to 30 years, the experts are recommending caution when cleaning up—wearing gloves and masks at a minimum.
You can find comprehensive recommendations for cleanup can be found at the Oklahoma Department of Environmental Quality’s website: http://www.deq.state.ok.us/tornado/tornado.html
Asbestos Lawsuits
New York, NY: An asbestos lawsuit has been filed on behalf of Moriah Center, NY, resident, Norman Westover in the New York Supreme Court’s 4th Judicial District in Schenectady to recover damages for Mr. Westover’s lung cancer, which, according to the lawsuit, was allegedly caused by asbestos exposure.
According to the filed complaint, Mr. Westover was allegedly exposed to dangerous asbestos fibers on a daily basis during his twenty-plus-year career at the International Paper Mill located in Ticonderoga, NY. International Paper purchased the pulp mill, which had been operating on the western shores of Lake Champlain near the Vermont border since the late 19th century, in 1926. In the late 1960s, International Paper began decommissioning the original mill and, in 1971, opened a new mill at the location which is still operating today. The mill produces 850 tons of paper a day, employs approximately 600 workers and contracts with 650 loggers and truckers in New York and Vermont.
International Paper was formed in 1898 upon the merger of 18 paper mills in the northeast. The company was responsible for supplying 60% of the newsprint in the country. International Paper’s Hudson River Mill, located in nearby Corinth, where the Sacandaga River joins the Hudson, was a major pioneer in the development of the modern paper industry in the late 19th century. In the early 20th century, the Hudson River Mill was one of International Paper’s largest plants and served both as the company’s principal office and a place where paper workers helped shape the direction of the industry’s early labor movement.
As per the lawsuit papers, during his tenure at International Paper, Mr. Westover worked in both the original and new mill and he held a variety of positions that allegedly exposed him to asbestos fibers used in connection with mill machinery, including, but not limited to, cutters, dryers, rollers, boilers, pumps, and valves. Mr. Westover was also allegedly exposed to asbestos that was used in an abundance to insulate component parts of the original and new mill and the related piping and wiring. (digitaljournal.com)
Jefferson County, TX: Chevron USA is facing an asbestos lawsuit filed by the children of the late Nathan Guillory. In their lawsuit, Randall Guillory, Lindall Guillory and Beth Harper allege the company exposed their father, Nathan Guillory, to asbestos dust and fibers. As a result, he developed asbestos related diseases and died on May 23, 2011.
The suit alleges Chevron knew for decades that asbestos could cause cancer and yet still allowed employees to work around the mineral without warning them of the dangers.The plaintiffs are suing to recover exemplary damages. (setexasrecord.com)
Asbestos Lawsuits and Bankruptcy
In a recent ruling, US Bankruptcy Judge Judith K. Fitzgerald in Wilmington, Delaware has determined that Bondex International Inc., the bankrupt unit of Rust-Oleum maker RPM International Inc. (RPM), may owe current and future victims of asbestos poisoning $1.17 billion.
Bloomberg USA is reporting that “the judge sided with lawyers representing asbestos claims and rejected the method Bondex and Specialty Products Holding Corp. used to estimate they owed no more than $575 million.”
“We decline to accept debtors’ novel approach in this case,” Fitzgerald wrote in her opinion.
In May, 2010, Bondex and Specialty Products filed for bankruptcy in May 2010. (Bloomberg.com)
Would You Kill this Dog? Rallying for the ‘Defense’ after a Dog Bite Injury
May 16th, 2013. By AbiK
A death sentence for a 7-year old Sheltie is causing a stir in upstate New York—so much so that there’s a Facebook page dedicated to getting a stay of execution for the pup. What’s interesting in this case, too, is that normally we hear of dog bite injury lawyers representing the dog bite victim; this time, the attorney is representing the dog owner.
Back on March 27th, Natalie Beratta’s dog, Jack (at left), bit her four-year-old granddaughter in the cheek. There were no witnesses to the attack except for the little girl—and she needed four stitches to close the wound. According to the “Help Save Jack” Facebook page, the cheek bite was Jack’s first offense (though one news report does quote Beratta referring to the dog as “nippy”; ok, a lot of dogs are “nippy”).
Hard to know what happened—some surmise the child may have startled or provoked the dog in some way. That we’ll never know. But the series of events that followed the dog bite injury have created a groundswell of support for the dog and his owners—including the sale of t-shirts that read, “I’ve got Jack’s back”.
So how did a dog who’s been described as “friendly” and “gentle” come to be on death row?
It all started with a 911 call.
Once Beratta’s daughter, the child’s mother, called 911, and the little girl was taken to the hospital where she was treated. The 911 call apparently resulted in the animal control officer, Nick Morosco, being notified, which then resulted in Jack winding up at the Steven Swans Humane Society where he was to be quarantined, by law, for ten days.
But things didn’t stop there.
The next stop was New Hartford (NY) Town Court. Beratta, according to the Facebook page, thought she was heading to court because Jack had not been licensed (note to dog owners—get your dog licensed, it’s the law), however, the license was the least of her worries. Rather, Judge James Van Slyke ruled that the dog should be put to death. The judge’s decision was in accordance with what NY law stipulates–that any domestic animal determined to be “dangerous” be euthanized.
Needless to say, the ruling came as a bit of a shock to Beratta and her family.
The family is now appealing the judge’s decision—which otherwise would’ve had Jack put down on April 6th. Until the appeal of the case is heard, Jack remains at Stevens Swan Humane Society, which WIBX950.com reports is costing the family $40 per day—and Jack may need to stay at the shelter for up to sixty days until the appeal is heard.
Given that the family didn’t have an attorney–why would they have thought they needed one?—and given the now costly and time-consuming position they now find themselves in in order to try and appeal the judge’s decision, what happened next is interesting.
According to the Facebook page, a New York attorney—who is only referred to as “Louis”—has taken on Jack’s case pro bono. Here is an excerpt from the Facebook page:
“An attorney by the name of Louis, read the article which was posted by Dana on the WKTV’s Facebook page and offered his services Pro-bono. Louis currently lives in NYC, but is originally from this area..and he obviously has a love for dogs!! He is a very busy man but has taken his time to help us with this case.”
Mind you, Beratta is just trying to keep Jack alive—she isn’t wanting to bring him back home and risk any other possible incidents. In fact, according to WKTV, Beratta has found a home for him in a neighboring county.
“They’re older people,” Beratta told WKTV. “They don’t have any children and we made the arrangement to have him go there and we can see the dog whenever we want. So it’s a safe situation for everybody. He’s a wonderful pet, a wonderful pet. I mean, he’s been in our family. He’s our family member.”
While Beratta awaits the appeal decision, local supporters of Jack have also created a petition at change.org.
Judge To Hearst Interns: Sorry, Sue for Yourself; No Class Action Lawsuit Here
May 14th, 2013. By AbiK
Was this any surprise? The one-time Hearst intern, Xuedan Wang, aka Diana Wang—who sued Hearst (Xuedan Wang v. The Hearst Corporation, U.S. District Court for the Southern District of New York, No. 12cv793) claiming that she and other interns at the various Hearst magazines were unfairly misclassified—has not been granted the class action lawsuit status she was after.
Wang’s initial lawsuit claimed that her unpaid internship at Harper’s Bazaar violated the federal Fair Labor Standards Act (FLSA) and New York state labor laws. (For the record, the U.S. Labor Department states that unpaid internships must be educational and “for the benefit of the intern.”)
Now, forget about the fact that many of us have done internships and we completely “got” what we willingly signed up for: on-the-job training for zero (or very low) pay and a nice addition to a resume. What Wang’s complaint stated was that, “Unpaid interns are becoming the modern-day equivalent of entry-level employees, except that employers are not paying them for the many hours they work.” Earth to Wang et al, internships at top magazines in NYC—as well as at many other places—have always been about entry-level tasks being performed by unpaid wannabes. It’s a tit-for-tat arrangement—the company gets some help, the intern scores experience and a credential. No one promised glamour and prestige—or any pay.
So somewhere along the path from Baby Boomer, to Gen X, to Gen Y/Millennials, it would appear the definition of “intern” has changed. Here are some (non-legal) definitions from Merriam-Webster and TheFreeDictionary.com, respectively, as the word relates to labor:
- an advanced student or graduate usually in a professional field (as medicine or teaching) gaining supervised practical experience (as in a hospital or classroom)
- someone, as a student or recent graduate, working as an apprentice or trainee to gain practical experience in an occupation
Seems an intern gets “practical experience”. No mention of a paycheck. And, might I add, if a paycheck were what Wang et al were after, here’s a tip: apply for a job. (fyi, here’s Merriam’s definition of “job”: “a piece of work; especially : a small miscellaneous piece of work undertaken on order at a stated rate” —note the words “stated rate”).
But, of course, why pay your dues in a highly competitive industry when you can try to file a class action lawsuit because, unlike the millions of interns who preceded you, YOU are special? Btw, if that sounds jaded or sarcastic—note that according to a Facebook page dedicated to Wang’s intern class action lawsuit attempt, she “worked seven unpaid internships before she got fed up.” SEVEN folks. At that rate, it’s kind of hard to point the finger at anyone else but Wang—and it starts to look like maybe she needed some career coaching.
If you don’t think living a fashion intern’s “Groundhog Day” x7 reveals enough about Wang’s (insert “misguided”?) approach to breaking into the glam world of haute couture and ready-to-wear, check out these Wang quotes from a NY Magazine article, “The Norma Rae of Fashion Interns”, that ran when the class action was initially filed (apologies to the real Norma Rae, Crystal Lee Sutton)—the quotes hint at a sad naivete about not only working in fashion, but also about work in general:
“I’d been dreaming of standing in their offices for fifteen years,” she says. “I was so ready to give everything I had. I couldn’t imagine that the dream of mine was becoming real.”
“This was going to be my only ticket to the industry,” she says. “I didn’t have unlimited resources. I was going to make the time worthwhile. I was going to be remembered by people.”
“I was so uncomfortable and stressed out,” she says. “It was hard to get people to understand how an intern could be stressed out, but the editors constantly stressed that this was a real job and if this went wrong or if that happened, it would be my fault.
Kind of makes you think of that sad sack who’s putting all his hopes and dreams on that one Powerball lottery ticket…sure you gotta be in it to win it, but you also have to have a realistic view of your chances.
Regardless of all that, this is indeed, about a class action lawsuit and as such, it needed to go through the rigorous review for certification. And that means that from a legal perspective, in order for there to be a “class” established for the lawsuit, certain requirements need to be met: numerosity, commonality, typicality and adequacy of representation.
According to Reuters, the judge who presided over the employment misclassification filing, U.S. District Judge Harold Baer, found that the “former interns failed to meet the bar set out in the Supreme Court’s landmark 2011 case Dukes v. Wal-Mart to constitute a class action. Specifically, Baer found that the interns did not meet the standards of commonality and predominance needed to be considered a class.”
How so?
Baer explained in his decision, “Here, while a close question, the commonality requirement is not satisfied because plaintiffs cannot show anything more than a uniform policy of unpaid internship.” That included the fact that the interns in the proposed class worked for different magazines and performed different tasks. Reuters reports that Baer also denied the plaintiffs’ motion for summary judgment on whether they met the definition of an employee.
So what now?
Well, Wang et al can now try to sue Hearst individually—not as a class. Though it’s unlikely that many will choose to do so as the interns were seeking minimum wage—and the cost to litigate such a case for a net return of minimum wage minus attorney fees is probably just not worth going to the mat for…
With Golf Cart Accidents on the Rise, how Stupid can you be in a Golf Cart?
May 6th, 2013. By AbiK
Apparently pretty stupid!
Given a top speed of around 15 miles per hour, golf carts aren’t exactly the speed racers that come to mind when you think about potentially dangerous accidents. But it’s that very image that can also create a false sense of safety for those who operate and/or ride in a golf cart.
Not all that long ago golf carts were simply that: carts used for playing golf. And they conjured up a speed demon image right up there with Fred Flintstone’s footmobile–only swapping out foot calluses for golf cleats. But with an increase in planned communities—particularly in Florida, California, Arizona, or Peachtree City, GA—as well as an increase in use on corporate and college campuses—golf carts have become more prevalent. And who ever imagined the day that homes would be built with custom golf cart garages?
Well, the increase in popularity has seemingly given way to an increase in golf cart injuries, too. According to an article in Herald Tribune Golf (June, 2012), the American Journal of Preventive Medicine reported that injuries from being hit by or falling off of golf carts spiked 132 percent from 1990 to 2006. That translated to nearly 150,000 people, ranging in age from 2 months to 96 years, getting hurt in golf cart accidents over that time period.
Why the increase?
Let’s start with the fact that the golf cart is the new town cruiser—less work than a taking a bicycle; less of a pain than taking a car. But, unlike a car, in some states—Alabama, California, Iowa, Kansas, Rhode Island, and Vermont—the minimum age to sit behind the golf cart wheel is thirteen. In Florida, it’s fourteen. The rest of the states put the minimum age to drive a golf cart at fifteen. That’s not to say that a teen can’t be a responsible driver. But one only needs to take a look at the above video to understand how teen stupidity can contribute to a golf cart accident.
On the flip side, there’s no maximum driving age. Of course, it’s not like every state has an age limit—or even just a vision test—for older car drivers either. But it’s a safe bet that some elderly drivers should not be putting the pedal to the metal regardless of vehicle size or speed.
Unfortunately, golf cart accidents can lead to some pretty serious injuries—including death. A sharp turn, for example, can cause passengers to fall out leading to spinal injury, fracture or concussion. But even seemingly harmless behavior like hanging a leg out over the side of the golf cart or forgetting to put the brake in the locked position when getting out of the golf cart can lead to injury as well. And it goes without saying that once alcohol and/or drugs are involved, stupidity usually follows…
So now that golf cart season is actually all seasons, golf cart safety needs to become an all-season concern as well.
Hey Airbus, Fat People in Aisle Seats is No Solution
April 18th, 2013. By AbiK
Did you hear the latest? Airbus announced recently that they’ll offer the option of installing wider aisle seats on their A320’s to accommodate heavier, aka fat, fliers. This, in response to all the hullabaloo lately over the notion of charging super-size passengers a premium for airline tickets (The Independent has coined a new moniker for this class: “McPassengers“.)
The plan, which Airbus states is in response to “trends in demographics”, is to offer the Airbus A320 with aisle seats that are two inches wider. Where’s the extra width coming from—as let’s face it, there is finite space to work with in the cabin? Apparently from the center and window seats!
That’ll go over like a fart in church, guaranteed.
Can’t help but recall the image of Steve Martin sitting next to John Candy in “Planes, Trains and Automobiles” (see clip above). Granted, Candy gives new meaning to ‘passenger from hell’—but still.
At any rate, let’s play this out. Assume an airplane with wider aisle seats—to be sold to wider passengers at a premium. A “normal” sized person purchases the center or window seat, sans premium. All I need to say to exemplify that this will not be an ideal scenario is one word: bathroom.
Forget about your seating comfort during 95% of the flight when you’re sitting there, still undoubtedly scrunched or your personal space infringed upon—and it will be, as adding two inches—go ahead right now and look at a ruler—will not accommodate a mass amount of additional girth. Forget all about that. Think about the 5% of in-flight time that center- and window-seat passengers will have to get up to either relieve themselves or relieve their aching backs, thereby making the aisle-seat passenger get up—or necessitating an ungraceful attempt to maneuver around him or her. This will not make for good “how was your flight?” customer satisfaction scores.
It’s just sheet common sense.
Of course, there are other angles to this. Is it discrimination to steal from the thin and give to the fat without discounting the thin’s ticket price? Initial reports on this don’t indicate that there would be such discounts. Only that the wider seats would be sold at a higher price.
Then, will there be weigh-ins? Or something that measures body dimensions in such a way as to ensure that only heavier people will have access to those wider aisle seats? Or, could thinner people purchase those seats at a premium to ensure they aren’t going to be squished in-flight? And, if so, what if all the aisle seats are taken up and a fat person wants that seat—does the thinner person get bumped? or moved to first-class for the inconvenience?
Wider aisle seats at the expense of thinner individuals’ seat width is not the market segmentation solution here. It disregards the classic “don’t make your issue my issue” maxim of harmonious human coexistence. And that’s never a good thing at a cruising altitude of 30,000 feet.
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