lawsuits Archive

Asbestos News Roundup: 3.8.13 – Second-Hand Asbestos Risk

March 8th, 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 Disease Risk for Family Members

The recent case of a woman in her 70s who died from mesothelioma has highlighted how asbestos dust represented a danger not just to those who worked in heavy industry, but also to their wives and children.

The 78-year old women succumbed to asbestos mesothelioma which she developed as a result of having breathed in second-hand asbestos fibers as she shook out the work clothes of her husband and son, who worked at a power station.

There are many cases of family members developing asbestos disease as a result of secondary asbestos exposure—secondary exposure caused, for example, by wives beating their husband’s dusty overalls as they hung on a washing line, or shaking them off in a doorway before putting them in a washing machine. Their husbands worked in industries such as mining, ship-building, construction, plumbing and electrical.

Children and even grandchildren have also been put at risk, running up to a returning parent to give them a hug as they return from work, or sitting on their knee as they wear their dusty work clothes. The risk of loved ones being accidentally exposed is unfortunate and just adds to the tragic legacy of asbestos. But as this latest case shows, it is something that family members need to be made aware of.

Asbestos Lawsuits

Charleston, WV: A couple from Kentucky has filed an asbestos lawsuit naming 57 companies they allege are responsible for Arthur Benjamin Jr.’s recent diagnosis of asbestosis.

Mr. Benjamin Jr. was diagnosed with asbestosis on August 20, 2012.

Benjamin and his wife, Jackie L. Benjamin, allege the defendants exposed Mr. Benjamin to asbestos and/or asbestos-containing products during his career as a laborer from 1968 until 2001.

The defendants are being sued based upon the theories of 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 Arthur Benjamin’s employers for deliberate intent/ intentional tort, according to the lawsuit.

The 57 defendants in the suit include: 3M Company; A.K. Steel Corporation; Ashland, Inc.; A.W. Chesterton Company; Amdura Corporation; Bucyrus International, Inc.; CBS Corporation; Caterpillar, Inc.; Clark Equipment Company; and Certainteed Corporation

Asbestos Settlements

New York, NY: A $35 million settlement has been reached in an asbestos personal injury lawsuit brought by Ivo John Peraica, an asbestos removal worker who died in December from cancer caused by asbestos. The New York Supreme Court jury that heard Peraica’s case returned its verdict Friday, awarding the multi-million dollar settlement to the Croatian-born worker.

Peraica, of Queens, worked for eight years for New York-area contractors removing asbestos insulation from boilers, pumps, and other equipment. He died from complications related to Mesothelioma, a cancer whose only known cause is exposure to toxic asbestos fibers.

Peraica was represented by mass tort and personal injury lawyers Jerry Kristal, Adam Cooper, and Danny R. Kraft, Jr. of the firm Weitz & Luxenberg, P.C. The lawsuit claimed that Peraica’s disease was caused by years of inhaling the asbestos dust stirred up each time he stripped asbestos insulation from the equipment at his jobsites—equipment which, according to testimony, was devoid of any warnings about the dangers of asbestos.

The sole defendant at the time of the verdict—industrial products manufacturer Crane Co—argued that other companies and even Peraica himself were responsible for his exposure to asbestos, but the jury ultimately heaped blame on the Stamford, CN-based company, saying it had acted with reckless disregard for consumers’ safety.

Peraica, a Local 12 Heat and Frost Insulators union member, worked removing asbestos for almost a decade: from the week he moved his family to New York from Croatia in 1978 until he stopped doing asbestos removal work in 1986. Peraica’s widow, Milica, survives him, as do three daughters, one of whom testified at trial to her father’s pain and suffering.

Peraica was unable to testify in person, but before he died on December 28, provided four days’ worth of deposition testimony that Weitz & Luxenberg’s trial team was able to read into evidence.

By the time Peraica’s trial was underway, he was too sick to take part in it. Kraft, a lawyer in Weitz & Luxenberg’s asbestos unit, told the jury Peraica was “a fighter” who would do anything it took to testify in his trial, but likely would be unable to as he quickly deteriorated under medical care.

“This verdict is important because it shows we reached the jury,” Kraft said. “We were able to impress upon them how important it is to hold companies accountable for failing to protect workers like Mr. Peraica. Companies like Crane Co. made millions knowing that workers handling their products would come in contact with asbestos, but never provided warnings. What’s even more alarming is that Crane Co. admitted at trial to having knowledge about the dangers of asbestos that dates to the 1930s. Weitz & Luxenberg isn’t comfortable with that fact, and I don’t think the jury was either.”

Peraica’s case began as a consolidated trial of seven plaintiffs against a number of large corporate defendants. By the time the jury began deliberations, the other plaintiffs and defendants had resolved their cases, leaving only Peraica and his claim against Crane Co.

The trial was held in New York State Supreme Court before Justice Martin Schulman.

Tags: Asbestos, Asbestos Exposure, asbestos law, asbestos lawsuit, Asbestos Mesothelioma
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Asbestos News Roundup: 3.1.13 – Veterans & Asbestos

March 1st, 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.

US Veterans and Merchant Marines at Risk for Asbestos Disease

Beginning in the 1930s, nearly all ships built by the US Navy—including submarines—contained insulation or other machine parts containing asbestos. From that time, until the 1970s, when the US Navy stopped using asbestos in shipbuilding, thousands of US Navy Veterans and former Merchant Marines who served during World War II, the Korean War, the Vietnam War and other conflicts were exposed to harmful levels of asbestos, placing them at risk of developing mesothelioma, lung cancer, asbestosis or other asbestos diseases. Shipyard workers, boiler mechanics, electricians and pipefitters who handled asbestos products are also at risk of developing asbestos-related diseases.

Because of the long latency period of the disease, it may take up to 30 years—or more—before Veterans who were exposed to asbestos begin to develop the first symptoms of mesothelioma or other asbestos-related cancers.

Many Veterans who were exposed to asbestos during their time in the military have filed lawsuits against the companies who manufactured asbestos products and the equipment that utilized these products on board US Navy and Merchant Marine ships. In their lawsuits, the Veterans’ alleged they were not warned about the risks of asbestos exposure, even when the companies who manufactured these asbestos products were fully aware of the danger they posed.

Asbestos Lawsuits

Jefferson County, TX: Chevron, Exxon Mobil and Shell Oil are among the companies facing an asbestos lawsuit brought by the widow and children of Louis Darjean who died from asbestos-related lung cancer. According to the lawsuit Darjean was exposed to asbestos through his work as a supervisor at the defendants’ refineries. The lawsuit claims that during his work, Louis Darjean was exposed to asbestos fibers and dust, which caused his disease and subsequent death, the complaint says.

Pamela Herbert, Mary Darjean and Ricky Darjean also name Huntsman Petrochemical, Guard-line, Triplex, Elliott Turbomachinery, Yarway Corporation and Zurn Industries as defendants in their asbestos lawsuit, alleging they knew about the harms of asbestos for decades, but failed to warn Louis Darjean of the product’s danger and failed to ensure that its employees were not exposed to the carcinogen. (setexasrecord.com)

Charleston, WV: 55 companies have been named as defendants in an asbestos lawsuit brought by a man who claims they are responsible for his asbestos-related lung injury.

Charles William Dawson has been diagnosed with asbestosis, which, he alleges in his lawsuit, is a result of his exposure to asbestos and/or asbestos-containing products during his employment at various job sites in West Virginia from 1960 until 2010.

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.

Dawson is seeking a jury trial to resolve all issues involved. He is being represented by Bronwyn I. Rinehart of James F. Humphreys & Associates.

The 55 defendants named in the suit include: 3M Company; Aleris International, Inc.; A.W. Chesterton Company; Borg-Warner Corporation; Brand Insulations, Inc.; CBS Corporation; Certainteed Corporation; Cleaver Brooks Company; Columbus McKinnon Corporation; and Copes-Vulcan, Inc. (wvrecord.com)

Charleston, WV:  A couple from Huntington have named 61 companies as being responsible for Robert Leon Null’s recent diagnosis of asbestosis. Mr. Null was diagnosed with asbestosis on February 7, 2011, according to the Null’s asbestos lawsuit.

The lawsuit claims that it was during his employment as an insulator and machinist, from 1959 until 2013, that Mr. Null was exposed to asbestos and/or asbestos-containing products.

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.

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

The 61 defendants named in the suit are: 3M Company; A.W. Chesterton Company; American Electric Power Company Inc.; American Electric Power Service Corporation; Appalachian Power Company; Ashland Inc.; Beazer East Inc.; Borg-Warner Corporation; Brand Insulations Inc.; Certainteed Corporation; Cleaver-Brooks Inc.; Cooper Industries Inc.; Copes-Vulcan Inc.; Crane Co.; Crown Cork & Seal USA Inc.; Dravo Corporation; Eaton Electrical Inc.; Flowserve Corporation; FMC Corporation; Ford Motor Company; Foster Wheeler Energy Corporation; General Electric Company Inc.; Genuine Parts Company; Georgia Pacific Corporation; Goulds Pumps Inc.; Grinnell LLC; Hercules Inc.; Honeywell International; IMO Industries Inc.; Industrial Holdings Corporation; Ingersoll-Rand Company; ITT Corporation; Lockheed Martin Corporation; Mack Trucks Inc.; McJunkin Corporation; Metropolitan Life Insurance Company; Nitro Industrial Coverings Inc.; Ohio Valley Electric Corporation; Ohio Valley Insulating Company Inc.; Owens-Illinois Inc.; Rapid American Corporation; Riley Power Inc.; Rockwell Automation Inc.; Rust Constructors Inc.; Rust Engineering & Construction Inc.; Sargent & Lundy, LLC; Schneider Electric; State Electric Supply Company; Sterling Fluid Systems (USA) LLC; Tasco Insulations Inc.; UB West Virginia Inc.; Union Carbide Chemical & Plastics Company; Uniroyal Inc.; United Conveyer Corporation; United Engineers & Constructors and Washington Group International; Viacom Inc.; Vimasco Corporation; Warren Pumps Inc.; West Virginia Electric Supply Company; Yarway Corporation; and Zurn Industries Inc. (wvrecord.com)

 

Tags: Asbestos, Asbestos Exposure, asbestos law, asbestos lawsuit, Asbestos Mesothelioma
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Asbestos News Roundup: 2.21.13 – Asbestos in Schools

February 21st, 2013. By LucyC

This week’s asbestos news roundup includes all the 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

Charleston, WV: Thelma Absten has filed an asbestos lawsuit naming 44 companies as defendants responsible for her late husband’s lung cancer and resulting death.

Diagnosed with lung cancer on Jan. 10, 2011, Delmer Absten subsequently died on April 15, according to the lawsuit.

Mrs. Absten alleges her late husband worked as a laborer and carpenter from 1964 to 2003, and it was as a result of this work that he was exposed to asbestos and/or asbestos-containing products. She claims the defendants failed to warn husband of the dangers of asbestos.

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.

The 44 companies named as defendants include 3M Company; A.W. Chesterton Company; Beazer East, Inc.; Certainteed Corporation; Cleaver-Brooks, Inc.; Dravo Corporation; FB Wright Company; FMC Corporation; Foster Wheeler Energy Corporation; and General Electric Company.

Charleston, WV: 55 companies have been named as defendants responsible for the asbestos-related death of Virginia Sue Thompson’s late husband, Lonnie Jay Thompson.

In her lawsuit Mrs. Thompson alleges Mr. Thompson was diagnosed with lung cancer on February 17, 2011, from which he died on October 14, 2011. She further alleges that it was during her late husband’s career as a drywall installer, carpenter and pipefitter (1963 – 1999) that he was exposed to asbestos and/or asbestos-containing products.

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.

The 55 companies named as defendants include: 3M Company; A.C.F. Industries, LLC; Borg-Warner Corporation; Brand Insulations, Inc.; CBS Corporation; Certainteed Corporation; Cleaver Brooks Company, Inc.; Columbus McKinnon Corporation; Copes-Vulcan, Inc.; and Crane Company.

Asbestos Law

San Francisco, CA: The U.S. Environmental Protection Agency has fined six Arizona school districts a combined total of $94,575 for Asbestos Hazard Emergency Response Act (AHERA) violations. More than 15,000 children attend the 25 schools not in compliance with the federal AHERA in these districts.

During inspections conducted in 2011, EPA inspectors discovered numerous violations, from failing to inspect facilities for asbestos containing materials, failing to re-inspect campuses with known asbestos containing materials, and failing to have an Asbestos Management Plan. All of the school districts have since taken necessary actions to comply with the law, with the cost of compliance reducing the penalties in most cases to zero.

“Asbestos in schools has the potential to harm the health of students, teachers, and maintenance workers,” said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest. “EPA takes these violations seriously, and we are satisfied the schools have now conducted inspections and put their asbestos plans in place.”

Each school district is allowed to subtract properly documented costs of complying with the regulations from the penalty amount. The six school districts are:

• Apache Junction Unified School District (Pinal County): fined $21,675, but this was reduced to $7,933 because of the school district’s cost of achieving compliance.

• St. John’s Unified School District (Apache County): fined $14,195, reduced to $824 by the school district’s cost of achieving compliance.

• Florence Unified School District (Pinal County): fined $31,705, but no cash payment was due because the documented costs of compliance exceeded the penalty.

• Vernon Elementary School District (Apache County): fined $2,700, but no cash payment was due because the documented costs of compliance exceeded the penalty.

• McNary Elementary School District (Fort Apache Indian Reservation): fined $14,200, but no cash payment was due because the documented costs of compliance exceeded the penalty.

• Round Valley Unified School District (Apache County): fined $10,100, but no cash payment was due because the documented costs of compliance exceeded the penalty.

Tags: Asbestos, Asbestos Exposure, asbestos law, asbestos lawsuit, Asbestos Mesothelioma
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Chubby Checker Sues Over Penis Size Predictor App

February 15th, 2013. By AbiK

So there’s a couple of apps out there that’ll predict a guy’s penis size based on his shoe size. Yes, it’s that old (and questionable) wives’ tale now appearing on smartphones everywhere—God knows how many times you’ve been out and about and needed to estimate some guy’s penis size…

But one of the penis size apps involves Chubby Checker, and a lawsuit.

Haven’t heard of that app? But you’ve heard of Chubby Checker, right? Well, the music legend has been battling Hewlett-Packard (HP) and Palm over the use of his stage name—Chubby Checker (real name Ernest Evans)—a name which he just happens to have trademarked—for this app that “converts” shoe size to penis size. Yes, the app is called “The Chubby Checker”.

You can’t fault the real Checker for wanting zero connection to the app—not just because it’s probably one of the stupidest apps that’s ever been created (like, how long do you think anyone would use it? maybe 4-5 times max while slinging back some drinks at happy hour?), and not just because it’s a trademark infringement issue; but take a look at the app description:

FOR ENTERTAINMENT!!! Any of you ladies out there just start seeing someone new and wondering what the size of there member is. Well now you can right now from your phone. All you need to do is find out the man’s shoe size and plug it in and don’t worry where your from because The Chubby Checker supports shoe measurements of different regions and types. Now with The Chubby Checker there is no need for disappointment or surprise…

Who the heck wrote this? Yes, there are people out there that even spell-check cannot help. And here’s a screenshot of what you’ll get you once you “input” your man’s shoe size:

Verdict on the Chubby Checker app: Not So Sweet.

Given that The Chubby Checker app has only had 2,364 downloads—which is like less than the average graduating class size at many US universities—it’s not as though anyone’s really clamoring for ability to estimate penis size. A good thing for Checker.

Unfortunately, though, Checker had already sent a cease and desist letter to both HP and Palm that apparently went unanswered and certainly unheeded. So now he’s suing.

For those wondering about the other penis sizer app of note, it’s called The Predicktor (ha-ha get it?) and, rather than being targeted toward women, this one’s aimed at men—for those insecure moments when a guy wonders how he measures up. At least from a screenshot perspective, The Predicktor measures up better than The Chubby Checker:

Created by Canadian doc, Dr. Chris Culligan, the Predicktor claims to share “scientific journal articles reporting on men’s health and sexuality. This includes the actual distribution of penis size, as found in peer review journals. It also touches on selected literature studying what women really think about men’s genitalia—not the locker room giggles but actual results from surveys.”

Predicktor, which was “on sale” for 99¢ for Valentine’s Day, gauges the size of a man’s erect penis after the user enters his height, sexual orientation and finger length.

Who knew?

Maybe there’ll soon be an Estitmator app for guys wondering how endowed their gals really are…

 

Tags: Chubby Checker, Chubby Checker App, Hewlett Packard, Palm, Predicktor, Trademark Infringement
Posted in Celebrity, Emerging Issues, Intellectual Property, lawsuits | 1 Comment »

Asbestos News Roundup: 2/14/13 – How to Prepare for an Asbestos Lawsuit

February 14th, 2013. By LucyC

This week’s asbestos news roundup includes all the 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.

7 Steps to Prepare to Meet with an Asbestos Lawyer

Were you or someone you loved exposed to asbestos? Do you think you could have an asbestos mesothelioma or asbestos disease claim?

Here are the first things you need to do:

1. Get a clear diagnosis which ideally includes a tissue biopsy; or get a copy of the medical records and diagnostic documents from your loved one’s physicians.

2. Prepare a will. If you, yourself, are a victim of asbestos mesothelioma, it’s best to prepare a will that stipulates which law firm is to represent your case. While no one likes to think of these things, the executor of your will may ultimately need to work with this law firm. Better to identify your law firm rather than risk having multiple lawyers getting involved in the case as a result of various family members seeking to find counsel on your behalf.

3. Write down when and where you believe you or your loved one was exposed to asbestos

4. Write down the name of the company or companies you or your loved one worked for, even if you or your loved one worked as a contractor.

5. Write down the names of fellow workers that knew there may have been asbestos on the job site(s).

6. Contact a lawyer. If you have not already done so, you should meet with an asbestos lawyer and bring all supporting documentation with you.

7. Have the lawyer prepare an affidavit of critical facts for preserving your case.

If you have been diagnosed with asbestos disease, there’s a good chance that your colleagues will also have been exposed. They may even have contacted a lawyer already, and be familiar with the process. If possible, reach out to your former colleagues to find out how they are and what, if anything they may have done or be doing, and if they will support you in your claim.

If you are a spouse of a mesothelioma victim who has recently died from the illness, you and your heirs could have between one to three years from the date of death to file a wrongful death action, which may result in the recovery of substantial monetary damages.

Filing an asbestos claim and recovering damages can help with costs such as medical and funeral expenses. Damages can include:

• Lost income

• Medical expenses

• Pain or suffering

• Loss of love, services and sexual relations from a spouse (also called consortium)

Asbestos News

Billings MT: A panel of scientists have endorsed draft results that find that exposure to even a minute amount of asbestos can lead to lung illnesses such as asbestos mesothelioma and asbestosis. On the heels of this announcement, Federal officials have stated that they expect to have finished a risk study to guide the cleanup of the infamous asbestos mining town called Libby, Montana, by 2014. The document will establish when cleanup work will end at the WR Grace & Co vermiculite mine outside Libby. Hundreds of residents of Libby, and people living nearby the infamous mine, have died from asbestos exposure directly related to the mine. Dozens more people have become ill with asbestos-related disease.

So far, the cleanup, which began in 1999, has cost over $447 million. According to the Associated Press (AP), between 80 and 100 properties in Libby are lined up for cleanup to begin. Cleanup also remains to be done in several hundred properties and that list could grow significantly depending on the outcome of the risk study.

Cleanup work began in Libby after the WR Grace mine closed in 1990. The benchmark used by the Environmental Protection Agency (EPA) in establishing risk for lung illness from asbestos exposure at the site was lung scarring. And importantly, in the report just released, the scientists confirm that the EPA made the right call. That finding could have far reaching implications, possibly affecting dozens of sites across the country that received vermiculite asbestos from the WR Grace mine for processing into home insulation products.

EPA toxicologist Deborah McKean said she did not expect a significant change to the agency’s determination that exceeding extremely low levels of airborne asbestos—0.00002 fibers of the mineral per cubic centimeter—raises the risk of lung-scarring, the AP reported. “She added that final exposure standards won’t be established until additional work is done.

Meanwhile, Libby remains under a novel public health emergency declaration issued in 2009 by EPA administrator Lisa Jackson. Because asbestos disease can take up to 50 years to manifest, the deaths from asbestos exposure at and around the town are expected to continue for decades. (thewesternnews.com)

Tags: Asbestos, Asbestos Exposure, asbestos law, asbestos lawsuit, Asbestos Mesothelioma, Libby MT
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