Settlement Archive

Asbestos News Roundup: 1.5.12

January 5th, 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: Steven D. Westfall has filed an asbestos lawsuit naming 199 companies as defendants. According to the lawsuit, the companies are responsible for Westfall’s father’s asbestosis, asbestos mesothelioma and resulting death.

According to the complaint, Larry D. Westfall was a member of the Laborers Union Local No. 639 and worked throughout West Virginia and elsewhere. During this time he was exposed asbestos-containing materials. Steven Westfall alleges that the defendants failed to exercise reasonable care to warn his father of the danger to which he was exposed by use of the asbestos-containing products.

Steven Westfall further alleges that the defendants failed to inform his father of what would be appropriate clothing and protective apparel for a person who was exposed to or used asbestos-containing products. And, the lawsuit claims that the defendants also failed to inform Larry Westfall of what would be safe and proper methods of handling and using the asbestos-containing products.

The 199 defendants named in the suit are: 20th Century Glove Corporation of Texas; 4520 Corp., Inc.; Air & Liquid Systems Corporation; Ajax Magnethermic Corporation; AK Steel Corporation; Alliance Machine Company; Allied Glove Corporation; American Optical Corporation; Ametek, Inc.; Anderson Greenwood & Co.; Aristech Chemical Corporation; Armstrong

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

LawyersandSettlements.com on Best of the Web

December 2nd, 2011. By AbiK

As we enter the holiday season and anticipate celebrations with family and friends, we also—sadly—are reminded every day of things like shopping scams, defective products, toys with lead in them—the list goes on—that attempt to tarnish everyone’s holiday spirit.

That’s why we’re dedicated to ensuring our readers have the latest legal news—emerging issues, recalls, lawsuits filed, settlement announcements—in order to make informed decisions about whatever issues they may be facing that may require legal help.

We’re proud of our 10+ years of reporting on the legal issues that can, and do, affect each of us every day—and we continue to be proud of our A+ BBB rating.

It’s in that spirit that we’re also proud to announce our inclusion in the Best of the Web directory. We’re in some pretty good company as part of the Best of the Web directory, and we’re honored to be listed among such revered sites.

Thanks to all our readers—you’re the reason we continue to strive to deliver the “best legal news you can use”.

Tags: BBB, Best of the Web Directory, lawyersandsettlements.com, Legal News
Posted in Complaints/Comments, lawsuits, Settlement | No Comments »

Asbestos News Roundup: 11.10.11

November 10th, 2011. By LucyC

Asbestos Lawsuit

Charleston, WV: The widow of Mr. Henry H. Bowling has filed an asbestos lawsuit naming 105 companies as defendants. In her lawsuit, Mrs. Patricia B. Bowling claims the companies are responsible for her late husband’s esophageal cancer and resulting death.

Henry Bowling was diagnosed with esophageal cancer on May 7, 2010, and subsequently died on October 21, 2010, according Mrs. Bowling.

Mrs. Bowling’s asbestos lawsuit alleges that the 105 defendants exposed her husband to asbestos and/or asbestos-containing products during his career as a laborer and crane operator at Armco Steel from 1968 until 1996.

The defendants are being sued based upon 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 105 defendants named in the asbestos lawsuit are: 3M Company; 4520 Corporation, Inc.; A.K. Steel Corporation; A.W. Chesterton Company; Ajax Magnethermic Corporation; Aker Kvaerner, Inc.; Amdura Corporation; Aurora Pump Company; Borg-Warner Corporation; Brand Insulations, Inc.; BWIP, Inc.; Bucyrus International, Inc.; Buffalo Pumps, Inc.; Caterpillar, Inc.; Certainteed Corporation; Clark Equipment Company; Cleaver Brooks Company, Inc.; Columbus McKinnon Corporation; Copes-Vulcan, Inc.; Crane Company; Crown, Cork & Seal USA, Inc.; Dezurik, Inc.; Dow Chemical Company; Dravo Corporation; Durabla Manufacturing Company; Eaton Electrical, Inc.; Fairmont Supply Company; F.B. Wright Company; Flowserve US, Inc. f/k/a Flowserve FSD Corporation f/k/a Durametallic Corp.; Flowserve US, Inc. f/k/a Durco International, Inc.; FMC Corporation; Ford Motor Company; Foseco, Inc.; Foster Wheeler Energy Corporation; Gardner Denver, Inc.; General Electric Company, Inc.; General Refractories Company; Geoge V. Hamilton, Inc.; Georgia Pacific; the Gorman-Rupp Company; Goulds Pumps, Inc.; Grinnell Corporation; Honeywell International f/k/a Allied Signal, Inc.; Honeywell International, Inc.; I.U. North America, Inc.; IMO Industries, Inc.; Industrial Holdings Corporation; Inductotherm Industries, Inc.; Ingersoll-Rand Company; Insul Company, Inc.; ITT Corporation; J.H. France Refractories; Joy Technologies, Inc.; Kelsey-Hayes Company; Lockheed Martin Corporation; Manitowoc Cranes, Inc.; McJunkin Corporation; Metropolitan Life Insurance Company; Morgan Engineering Systems, Inc.; Mueller Steam Specialty; NACCO Materials Handling Group, Inc.; Nagle Pumps; Navistar, Inc.; National Service Industries, Inc.; Nitro Industrial Coverings, Inc.; Oakfabco, Inc.; Oglebay Norton Company and its division Ferro Engineering; Ohio Valley Insulating Company, Inc.; Peerless Pumps; Pneumo Abex Corporation; Premier Refractories, Inc.; Rapid American Corporation; Reading Crane and Engineering Company; Rhone-Poulenc AG Company; Riley Power, Inc.; Rockwell Automation, Inc.; Ross Brothers Construction Co.; Rust Constructors, Inc.; Rust Engineering & Construction, Inc.; Schneider Electric USA, Inc.; State Electric Supply Company; Sterling Fluid Systems (USA); Stockham Valves & Fittings; Sundyne Corporation; Superior Boiler Works, Inc.; Taco, Inc.; Tasco Insulations, Inc.; the F.D. Lawrence Electric Company; Thiem Corp.; UB West Virginia, Inc.; Union Carbide Chemical & Plastics Company; Uniroyal Holdings, Inc.; United Engineers & Constructors, Inc.; Viacom, Inc.; Vimasco Corporation; Warren Pumps, Inc.; Weil-McLain Company; West Virginia State Electric Supply; Westinghouse Air Brake Division of Trane U.S., Inc.; Westinghouse Air Brake and/or Wabco; WT/HRC Corporation; Washington Group International; Yale Materials Handling Corporation; Yarway Corporation; and Zurn Industries, Inc. (wvrecord.com)

Asbestos Settlement

New York, NY: A sizable settlement has been paid to the widow of a Montvale, N.J., man who died from peritoneal mesothelioma cancer. The settlement—reached midway through trial—was negotiated on behalf of the widow, Robin Veraldo.

The amount of the settlement was not disclosed, but the New York-based law firm described it as “substantial.”

Veraldo sued as executrix of the estate of her late husband, Randy Veraldo. He was 52 when he died in 2009, seven months after being diagnosed with peritoneal mesothelioma cancer, court records show.

According to those documents, Randy Veraldo was a parts handler at a Teterboro, N.J., warehouse from 1978-85. The job required him to unpack clutch plates delivered on a near-daily basis from various suppliers. The clutch plates were said to contain asbestos, a mineral once widely used in the U.S. as a cheap insulating material until it was found to cause mesothelioma cancer. (prweb.com)

Asbestos Hot Spot

Freeport, NC: The Rawleigh complex buildings, located at Spring Street and Liberty Avenue in the city of Freeport, are scheduled to undergo asbestos remediation beginning November 11. It’s anticipated that the work will continue through to February 2012.

The remediation will deal with the asbestos contamination of Rawleigh Buildings B, D and E sites. Because all the asbestos removal will take place in enclosed buildings, traffic and pedestrians are not expected to be impacted. The project is funded by the U.S. Environmental Protection Agency Brownfields Cleanup Grants. (The Journal-Standard.com)

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

Toothpaste Lawsuit over Blob Settles…so Who’s Got the Nurdle?

November 8th, 2011. By AbiK

The dramatic courtroom battle over toothpaste nurdle rights has reached its incredible denouement. Ok, maybe it wasn’t quite a made-for-tv courtroom drama, but yes, a confidential settlement has been reached between Colgate-Palmolive and GlaxoSmithKline in the trademark infringement case that centered on use of the nurdle—that curvy squeezed-out blob of toothpaste—in packaging and advertising.

You can read about—and see nurdle pics—the toothpaste nurdle lawsuit here (GlaxoSmithKline LLC v. Colgate-Palmolive Co, U.S. District Court, Southern District of New York, No. 10-05739).

So with Glaxo wanting to establish exclusive rights to use the nurdle along with the phrase “Triple Protection” (recall the 3 intertwined streams of red, white and blue toothpaste in their Aquafresh line), and Colgate wanting to ensure the use of its newer “Triple Action” swirl of toothpaste, both sides have agreed to settle—though, of course, it’s hush-hush.

Not to worry—just keep your eyes peeled on those Sunday paper coupon inserts and store shelves. Give it a few months—and see who using that nurdle and how.

Tags: Colgate, Colgate Palmolive, GlaxoSmithKline, GSK, Toothpaste Blog, Toothpaste Nurdle Lawsuit, Triple Action, Triple Protection
Posted in Emerging Issues, Intellectual Property, lawsuits, Settlement | 2 Comments »

Bought any Candy Bars? Chocolate Candy Class Action Settlement Update

October 7th, 2011. By AbiK

Ever snag a chocolate bar as you’re checking out at the grocery store? Ever buy Halloween candy? Or, if you’re like me, maybe you keep a stash somewhere in the house. Just in case. For when you need that fix.

Well, you just might be part of a class action lawsuit settlement that you never knew you were part of. And funny how that word “fix” figures into this one. See, in the chocolate class action, the ‘fix’ is about alleged price fixing (which somehow sounds better with a French whirl: chocolat à prix fixe, doesn’t it?)

The Chocolate Class Action Lawsuit alleged that several chocolate makers—and we’re not talking high-end chocolatiers here—we’re talking the mass-marketed brands that every red-blooded American has bought at one time or other–conspired to “fix, raise, maintain or stablize prices of Chocolate Candy resulting in overcharges to those who purchased Chocolate Candy by a Defendant”. Yes, your basic anti-trust lawsuit.

If you’re tracking here, “a Defendant” implies there’s more than one defendant here. And there are. The defendants in the chocolate class action are: Cadbury Holdings Ltd., Cadbury pc, and Cadbury Adams Canada, Inc.; Hershey Canada, Inc., The Hershey Company, Mars, Inc., Mars Snackfood U.S., LLC and Nestle U.S.A., Inc.

Think of how much chocolate’s included there! Seriously…why there’s…

Hershey’s Milk Chocolate bars, Hershey’s Cookies ‘n Creme, Hershey’s Dark Chocolate, Hershey’s Milk Chocolate with Almonds, Hershey’s Miniatures, Mr. Goodbar, Symphony chocolate bars, Nestle Crunch, Butterfinger, Kit-Kat, M&M’s, Milky Way, Twix, Snickers, 3 Musketeers, Mars Bar, to name some favorites. Almost forgot—Cadbury Creme Eggs, too!

Ok, so now that you know who’s on the receiving end of this one, here are the details—as so far, Cadbury Holdings Ltd., Cadbury plc, and Cadbury Adams Canada, Inc. (“Cadbury”) have reached settlements—and the other defendants are still in litigation.

Are you part of the Chocolate Class Action Lawsuit?

There are actually two classes for this class action settlement. Because chocolate candy is sold at retailers and, therefore, the retailer—like Wal-Mart or Winn-Dixie—has had to purchase the chocolate wholesale directly from the manufacturer, there is a “Direct Purchasers” class. Direct purchase would mean anyone who bought the candy direct from the Defendant(s) and intended to resell it.

As you’ve probably guessed, the second class is for “Indirect Purchasers“; “Indirect Purchasers” meaning anyone who bought the chocolate in question from someone other than the Defendant(s) (e.g., a store) for the purpose of personal consumption–or to give as a gift.

You must have purchased the chocolate December 9, 2002 through December 20, 2007.

It is possible to be a member of both classes.

What does the Chocolate Class Action Settlement give me?

So far, only Cadbury has reached a settlement. The terms of the Cadbury settlement call for Cadbury to pay out $250,000 in cash to the Indirect Purchasers, and $1,312,500 in cash to the Direct Purchasers. The settlement also provides $250,000 to pay for notice of the settlements to all settlement classes. Cadbury also agreed to cooperate in the remaining litigation against the other Defendants.

What do I have to do to Submit a Claim for the Chocolate Class Action Settlement?

The Fairness Hearing is set for December 12, 2011. That’s when the final ok (or not) would be granted for the Cadbury settlement to go ahead. Once that happens, the claims administrator for the class action settlement would post a claim form that you would need to fill out and submit.

Right now, your best bet is to keep an eye on things, and you can do so at the Chocolate Candy Class Action Settlement websites–yes, there are two of them: One for Direct Purchasers, www.ChocolateSettlementDirect.com; and one for Indirect Purchasers, www.ChocolateSettlementIndirect.com. The Indirect one is the one you want if you just bought chocolate at a store for yourself or as a gift. (Do not submit claims to LawyersandSettlements.com for this.)

Also, if you’d like to be excluded from either class for the Cadbury settlement, the deadline is October 21, 2011. The deadline to object to the Cadbury settlement is November 28, 2011. Additionally, the deadline to submit a Notice of Intention toAppear at the Fairness Hearing is also November 28, 2011.

Tags: Cadbury, Chocolate Candy Class Action, Chocolate Price Fixing, Hershey, Mars, Nestle
Posted in Class Action, Emerging Issues, Settlement | 11 Comments »