Asbestos News Roundup: 7.9.10

July 9th, 2010. By LucyC

A roundup of recent asbestos-related news and information that you should be aware of. 

Asbestos Lawsuits

St. Clair County, IL: Another asbestos lawsuit was filed in St. Clair County this week, by Donna Stinson of Virginia. It is the 15th asbestos lawsuit of the year in St. Clair County Circuit Court. 

Mrs. Stinson has named 98 companies as defendants in her lawsuit, which alleges that they  caused her recently deceased husband, Gerald P. Stinson, to develop lung cancer after his exposure to asbestos-containing products throughout his career as a boilermaker from 1963 until 2001. 

As a result of his asbestos-related diseases, the suit claims, Mr. Stinson became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish. Furthermore, the illnesses prevented him from pursuing his normal course of employment and, as a result, he lost large sums of money that would have accrued to him. 

The suit claims that the defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for the plaintiffs’ or their deceased relative’s safety, the suit states. (madison.com) 

Asbestos Hot Spots

Narragansett, RI: Asbestos has been round in roof panels of the changing rooms at the North Pavilion bathouse in Narragansett, RI.  As a result, the pavilion has been closed to the public while workers remove the asbestos-containing material—a job made all the more urgent as a result of the current extreme heat the East coast is experiencing. 

According to local news reports, the Narragansett bathhouse pavilion is at least 50 years old, meaning it was constructed at a time when asbestos was commonly used on building materials, without much knowledge of the health consequences. Because asbestos exposure can lead to fatal chronic illness such as asbestos mesothelioma, the town of Narragansett is currently on a mission to remove all asbestos from any establishments in the town. This process is expected to more than a couple of years. (huliq.com) 

The Jeffrey Asbestos Mine Debacle

Montreal, PQ: French Canadians heard the voices of international protestors this week, as people and organizations from around the world petitioned the Canadian and Quebec Read the rest of this entry »

Ever Wonder if Lawsuit Settlements and Verdicts are Taxable?

July 8th, 2010. By Kristine B

It’s probably one of the biggest questions people involved in lawsuits ask. Is my settlement money taxable? (In other words, how much of this money do I get to keep and how much of it goes to the government?) This week, Pleading Ignorance examines settlements/verdicts, and how much of the money really is yours.

Like everything in life, what is and isn’t taxable is complicated. Whether or not the money in a settlement is taxable depends on a number of factors, because nothing in income tax is ever simple. According to Jeff Schnepper at moneycentral.msn.com (12/04/09), there must be a physical injury for the settlement to be free from tax. So, an award for wrongful termination would be taxable because there is no physical injury.

In fact, there are two requirements to ensure a settlement (or a verdict) is tax-free. The first, as mentioned before, is that there must be a physical injury (which includes illness). Without physical injury, you’re paying taxes.

The second is that the injury must have been caused by a wrongful act. This means that the other party must have committed a wrongful act, which caused your injury. So, if someone was negligent and injured you, your award or settlement would be tax-free. But, if the lawsuit was caused by a dispute that didn’t involve wrongdoing, the award would be taxable.

Punitive damages are taxable, regardless of whether or not they are related to a physical injury. The government taxes citizens on income and punitive damages; because they are not compensating the plaintiff for money lost, those damages are seen as above and beyond what would be needed to make the victim whole.

Emotional distress is not considered a physical injury. So, even if emotional distress results in your feeling ill, emotional distress on its own is taxable. Emotional distress is tax-free when it is linked to a physical injury. For example, if you injure your neck and this results in emotional distress, your award for emotional distress is tax-free.

If, however, you were wrongfully terminated from your job and this resulted in emotional distress, any award for emotional distress is taxable.

Awards for lost wages are, in most cases, taxable because they replace income that would have been taxable.

New Pensacola Beach Sign: Swim at your own Risk?

July 7th, 2010. By LucyC

If you’re on the Gulf coast and thinking of going down to the beach to get away from the heat—a heads up. An interesting piece in the Christian Science Monitor last week tells of illness reported by people who visited Pensacola beach in Florida two days after it had been covered in oil from the BP oil spill.

On June 23^rd, thick crude oil washed ashore on what was a pristine beach very—popular among visitors and locals alike. Who hasn’t heard of Pensacola? (For all the right reasons). Consequently, federal health officials closed the beach and wanted it to remain closed. However, two days later local officials reopened it. No doubt, the decision was in part due to economic pressures being felt by local business. Beaches bring people, and people bring money. 

Reportedly, there were no visible signs of oil on the beach when it was reopened. But let’s bear in mind that we are also talking about petrochemicals, toxins, that are being used to disperse the thick black oil, and, as some reports state, send it to the ocean floor where it literally suffocates the seabed. 

Last week health officials in Escambia County, FL, including Pensacola, said they had reports from some 400 people who claimed they felt sick after visiting the beach and Read the rest of this entry »

Need a Job? What about Full-Time Plaintiff? Cha-ching!

July 6th, 2010. By Hunter West

Today, I am embarking on a career change: 

FULL-TIME PLAINTIFF.

I may not be around as much, as I will always be in court—and my name will be in the news a lot, so at least you’ll know what I’m up to. I won’t have to blog as frequently, to keep you apprised of life in the Hunter household. 

You will salivate at the size of my bank account, even after legal fees are deducted. Of course, the strategy is to sue for legal fees, too. 

What set me on this course to dramatically improve my fortune? 

Look north, to Canada, and you will see what opened my eyes. 

Last week, two sets of parents sued the Greater Toronto Hockey League, one of its clubs and four coaches for $25,000 each for the heinous act of cutting their sons from a midget junior ‘A’ team during tryouts in April. 

“Their direct actions have caused irreparable psychological damage to [plaintiff’s] self esteem as an impressionable teenager and demoralized [plaintiff] as an athlete and team hockey player with his peers,” one claim reads. “The conduct by all defendants destroyed the dignity of my son, whom in good conscience gave his team nothing but his best efforts.” 

Statement of claim 2: “When [plaintiff] was advised of his termination by my wife and I, he vowed never to play the game he loved since childhood. And, moreover, his misguided group of defendants demoralized my wife and I, whom had gone well beyond the call of duty as parents in support of the [defendant] for two seasons.” 

That was the clincher, dear friends—although I’ve been giving this career change serious thought for some time…ever since I heard of the Canadian lawsuit back in the winter by a woman who is suing her mobile phone service provider for ruining her life. How? Well, due to a billing change by the service provider, the plaintiff’s husband Read the rest of this entry »

Tortelicious: Don’t Piss Off Major League Eating

July 6th, 2010. By LucyC

Welcome to Totally Tortelicious—a review of some of the more bizarre legal stories making news—and there’s certainly no shortage of them.

You need a contract for that dog! This is just too bizarre. Takeru Kobayashi, a Japanese eating champion (who knew there was such a thing?) was arrested at a July Fourth hot dog-eating contest this weekend, because, if I’m getting this right, of a contract dispute. 

It seems that Kobayashi had refused to sign a contract with Major League Eating, which apparently is similar to the NFL.  According to a report by AP, Kobayashi refused to sign the contract because he “wanted to be free to enter contests sanctioned by other groups.” (btw, that’s Kobayashi, and his arch-rival Joey Chestnut, downing some shrimp wonton in Singapore recently—hey, they get around).

OK—how on earth do people get involved in this stuff? I don’t remember hearing anything about career options associated with overeating when I was in high school, which admittedly was some time ago. But still.

Kobayashi’s crime, apparently, involved jumping on stage (wearing a T-shirt which said “Free Kobi” (is there a Disney picture in his future?) at the annual Nathan’s Famous International Hot Dog Eating Contest, and then diving into some serious power eating. But because hadn’t signed the contract he was banned from the contest.

Oh, by the way—first prize has a purse of $20,000.

I don’t know what to say.

AP, in the tradition of best investigative journalism, interviewed Kobayahsi: “I was there as a Read the rest of this entry »