Asbestos News Roundup: 12.19.13 – Major Ruling on Workplace Asbestos SOL

December 20th, 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.

Statute of Limitations on Work Place Asbestos Disease No Longer Valid in Pennsylvania

Recently, the Pennsylvania Supreme Court rendered a decision that could have widespread implications with respect to lawsuits filed by plaintiffs who allege to have contracted illnesses from the workplace, specifically asbestos disease.

In November, the high court ruled that occupational diseases that manifest outside of a 300-week period prescribed by the Workers’ Compensation Act do not preclude an employee from filing a civil action against his or her employer. The high court ruled that the Workers’ Compensation Act did not apply to latent occupational diseases, or diseases that could take years to develop and be diagnosed.

The justices’ decision reverses an August 2010 order of the state Superior Court, a lower-tier appellate bench, which in turn had reversed a June 2008 Allegheny County Common Pleas Court ruling. It was based on the justices’ review of two consolidated appeals, Tooey v. AK Steel Corp.and Landis v. A.W. Chesterton Co. In that review, the justices were tasked with addressing whether workers such as John Tooey and Spurgeon E. Landis could seek disability compensation benefits, or file lawsuits against their employers, since their respective mesothelioma diagnoses came well after 300 weeks of the date of their last asbestos exposure.

Tooey, the plaintiff in the first case, died less than a year after being diagnosed with mesothelioma. He had worked as an industrial salesman of asbestos products for Ferro Engineering, a division of Oglebay-Norton, from 1964 until 1982, according to court documents.

Landis, who was diagnosed with asbestos mesothelioma in 2007, was exposed to asbestos during his employment. He had worked for Alloy Rods, Inc., predecessor in interest to Chemetron Corp., and ESAB Group Inc., from 1946 until 1992.

In their decision, the justices specifically singled out mesothelioma, which has an average latency period of 30 to 50 years, saying that even mesothelioma that manifests at the lower end of that average would not occur for decades after an employee’s asbestos exposure. Therefore, the 300-week time window in which to bring a claim “operates as a de facto exclusion of coverage under the Act for essentially all mesothelioma claims,” the high court wrote.

“Indeed, the consequences of Employers’ proposed interpretation of the Act to prohibit an employee from filing an action at common law, despite the fact that the employee has no opportunity to seek redress under the Act, leaves the employee with no remedy against his or her employer, a consequence that clearly contravenes the Act’s intended purpose of benefiting the injured worker,” the ruling states. “It is inconceivable that the legislature, in enacting a statute specifically designed to benefit employees, intended to leave a certain class of employees who have suffered the most serious of work-related injuries without any redress under the Act or at common law.”

Plaintiffs’ attorneys welcome the Pennsylvania’s Supreme Court’s ruling as a positive and humanitarian legal development. (pennrecord.com)

Asbestos Settlements

New Orleans, LA: A Louisiana jury has awarded $6.4 million to a woman who was diagnosed with mesothelioma after being exposed to asbestos manufactured and sold by Asbestos Corporation Ltd (ACL).

After a seven-day trial, a jury sitting in the Louisiana District Court, Parish of Orleans issued the $6,420,467 verdict in favor of New Orleans resident Mary Morvant. The jury found that Morvant was exposed to raw asbestos fiber supplied by ACL to a local plant owned by Johns-Manville Marrero.

According to the lawsuit, Morvant, a surgical nurse, was diagnosed with mesothelioma in October 2012 after being exposed to asbestos fibers through the course of her work. Morvant, a Louisiana resident, brought the asbestos lawsuit against the alleged manufacturers, suppliers, and installers of asbestos products to which she allegedly was exposed. In addition to the Asbestos Corporation Limited, a Canadian asbestos fiber miner and manufacturer, the other named defendants are five Louisiana residents: Eagle, Inc., McCarty Corporation, Taylor-Seidenbach, Reilly-Benton Company, Inc., and Burmaster Land & Development, LLC. (gpo.gov, + harrismartin.com)

Los Angeles, CA: An $8.6 million settlement has been awarded to the family of the recently deceased William Saller, who died from asbestos disease. According to the lawsuit, Saller allegedly contracted asbestos mesothelioma from exposure to asbestos dust generated by a thermal insulation product known as Mundet, made by defendant Crown, Cork & Seal (CCS), a manufacturer of thermal insulation products. Mundet was used extensively in the refinery where Mr. Saller worked. (harrismartin.com)

After just 17 days, the Los Angeles Superior Court jury reached their verdict December 13 awarding $5 million in economic and non-economic damages and $3.6 million in punitive damages to the family of Saller. The ruling comes after the Saller family lose the case in 2007, but the original verdict was overturned on appeal and sent back for retrial.

The sole defendant in the asbestos lawsuit, CCS, was found 30 percent responsible for the compensatory award and 100 percent responsible for the punitive award.

 

Asbestos News Roundup: 12.12.13 – Cigarettes & Asbestos Risk

December 12th, 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.

Cigarettes & Asbestos Risk

It is hard to think of anything that could make cigarettes more dangerous, but back in the 1950s, certain cigarettes actually contained asbestos in their filters. Those asbestos-containing cigarettes have led to lawsuits alleging mesothelioma and asbestosis disease, either on the part of people who smoked the cigarettes or those who worked in the factory that supplied the filters. Other lawsuits alleging exposure to asbestos fibers resulting in asbestosis lung disease are still pending.

According to Daily Business Review (9/19/13), Richard Delisle was diagnosed with mesothelioma, a fatal condition linked to asbestos exposure, in 2012. He alleges that his smoking of Kent cigarettes, which reportedly used a filter that contained asbestos, contributed to his developing mesothelioma. Also included as defendants in the trial were a paper mill company where Delisle was employed and the manufacturer of the filters used in the Kent cigarettes.

A jury found the cigarette maker, Lorillard, and the maker of the filters each 22 percent responsible for Delisle’s condition, with another 16 percent fault given to the paper company. The final 40 percent was against other defendants. In all, the jury awarded Delisle $8 million, with Lorillard paying $3.52 million as a result of an indemnity agreement between Lorillard and the maker of the filter manufacturer.

Asbestos Lawsuits

Philadelphia, PA: A$2.3 million award in an asbestos mass tort case has been upheld by a trial court judge in Philadelphia. Common Pleas Court Judge Mark I. Bernstein refused to throw out the multi-million dollar verdict against Crane Co., DAP Inc., Duro Dyne Corp., The Goodyear Tire & Rubber Co. and Goodyear Canada Inc., which had been reached following a jury trial in late February, the Pennsylvania record reportss.

Charlotte Vinciguerra filed her asbestos lawsuit on behalf of her late husband, Frank Vinciguerra, who died from malignant mesothelioma on November 3, 2010.

Mrs. Vinciguerra filed suit in June 2012, citing numerous companies as defendants, many of whom were dismissed pre-trial. The lawsuit alleged that Mr. Vinciguerra developed mesothelioma as a result of his exposure to asbestos at work as a sheet metal helper and sheet metal mechanic for E.I. DuPont De Nemours & Co. from 1951 to 1985. Frank Vinciguerra was diagnosed with malignant mesothelioma in the summer of 2010, according to court records.

Mrs. Vinciguerra alleged that E.I. DuPont failed to exercise reasonable care to protect her husband and others from the hazardous, dangerous and harmful conditions that existed at the property, according to the lawsuit.

The defendants claimed, in their attempt to get a new trial, that the trial judge allowed the plaintiff’s expert witness to testify that “each and every breath” and “every exposure” to asbestos-containing fiber was causative of Frank Vinciguerra’s injuries, in violation of precedence set by the Pennsylvania Supreme Court in the case of Betz v. Pneumo Abex LLC. However, Judge Bernstein wrote that none of the plaintiff’s expert witnesses ever offered this opinion during the course of the litigation.

During the trial, Dr. Steven Markowitz, an occupational and environmental medicine expert, testified that it was his opinion that Frank Vinciguerra’s exposure to asbestos likely caused the man’s disease.

According to court records, Markowitz explained that there is a dose-response relationship in asbestos disease, and concepts of cumulative exposure to asbestos.

Markowitz’s testimony was based upon his individual analysis of the specific factors in Vinciguerra’s condition, was offered to a reasonable degree of medical certainty, and was “fully subject to cross-examination,” Judge Bernstein wrote. The Judge also noted that Markowitz’s testimony clearly explained “that it is the cumulative effect which causes the disease.”

The total verdict for the plaintiff is $2,286,376.44. (pennrecord.com)

Asbestos News Roundup: 12.5.13 – WHO Study Reports Toll of Asbestos Disease

December 5th, 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.

Millions of Potential Life-Years Lost to Asbestos Disease, WHO Study Shows

A recent analysis of data from the World Health Organization, shows that when the problem of mesothelioma and asbestosis, the two most prominent asbestos-related diseases, is analyzed in terms of life years lost, the burden is “substantial”.

Researchers in Japan and Indonesia found that a total of nearly 3 million potential life years have been sacrificed to these diseases by more than 141,000 people in dozens of countries. According to their WHO data analysis, 128,015 people died of mesothelioma in 82 countries between 1994 and 2010. During the same period, 13,885 people died of asbestosis in 55 countries.

Mesothelioma is a deadly malignancy that spreads across internal membranes, inhibiting organ function and often, eventually, invading the organs themselves. Asbestosis, also known as pulmonary fibrosis, is a chronic inflammation in the lungs that causes shortness of breath and chest pain and can be fatal. Both mesothelioma and asbestosis are triggered by prolonged or intense exposure to asbestos fibers and can develop decades after exposure.

According to the new study, which appeared in the June 12, 2013 issue of the American Journal of Industrial Medicine, people who died of mesothelioma lost a total of 2.81 million potential years of life. That equates to an average of 17 years lost for each mesothelioma patient. The 13,885 people who died of asbestosis lost an average of 13 years of life each, for a total of 180,000 years. The researchers call the Potential Years of Life Lost (PYLL) measurement a “well-established but rather under-utilized” tool for assessing global disease burden and conclude that “The future burden of asbestos-related diseases can be eliminated by stopping the use of asbestos.”

Asbestos has been linked to mesothelioma, asbestosis, lung cancer, emphysema, pleural plaques and autoimmune diseases for more than 50 years. Despite the mounting worldwide death toll, many countries continue to mine, import and use asbestos in a range of industrial applications. Asbestos was once prized as an insulator and building material because of its resistance to heat, fire and corrosion. A number of third-world countries still use asbestos because it is inexpensive.

Asbestos Lawsuits

St. Clair County, IL: John Garrigus has filed an asbestos lawsuit naming 69 defendant corporations, which, Garrigus alleges, caused him to develop lung cancer after his exposure to asbestos-containing products throughout his career.

Garrigus worked as in the U.S. Air Force from 1972 until 1974, according to the complaint. He was also secondarily exposed to asbestos fibers through his father, who worked as a laborer at Clark Oil Refinery, the lawsuit states.

According to the lawsuit, the defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for the plaintiff’s safety.

As a result of his asbestos-related diseases, Garrigus became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish, the complaint says. In addition, he was prevented from pursuing his normal course of employment and, as a result, lost large sums of money that would have accrued to him, the lawsuit states.

In his 10-count complaint, Garrigus is seeking a judgment of more than $100,000, economic damages of more than $150,000, compensatory damages of more than $200,000, punitive and exemplary damages of more than $50,000 and other relief the court deems just.

St. Clair County, IL: Margie Vail filed an asbestos lawsuit naming 51 defendant corporations. She filed the asbestos complaint on behalf of her recently deceased husband, Bobby G. Vail, who died on March 31, of asbestos-related illness.

Margie Vail alleges the defendant companies caused Bobby Vail to develop lung cancer after his exposure to asbestos-containing products throughout their careers. Bobby Vail worked in the U.S. Navy from 1948 until 1967 and as a maintenance worker and mechanic from 1969 until 1989.

According to the lawsuit, the defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for Mr. Vail’s safety.

As a result of his asbestos-related diseases, Bobbie Vail became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish, the complaint says. In addition, he was prevented from pursuing his normal course of employment and, as a result, lost large sums of money that would have accrued to him, the plaintiff claims.

Through her lawsuit, Margie Vail is seeking economic damages of more than $50,000, a judgment of more than $100,000, punitive and exemplary damages, compensatory damages of more than $100,000 and other relief the court deems just.

New Orleans, LA: Emile and Julia France have filed an asbestos lawsuit against four of Mr. France’s previous employers, namely Chevron U.S.A. Inc., McDermott Inc., Hess Corp. and Tate & Lyle Ingredients Americas. The asbestos lawsuit, filed in federal court in New Orleans, alleges Mr. France developed brain cancer after years of exposure to asbestos.

France worked for McDermott as an operator in 1962 for approximately six months and worked at Hess from approximately 1962 to 1964. He also worked for Tate & Lyle as a pumper and gauger from 1967 to 1971 and as an employee of Alliance Refinery from 1971 to 1976. It was during this period, the lawsuit states, that France was exposed to and inhaled significant quantities of asbestos and asbestos-containing products, resulting in his developing lung cancer, brain cancer, impaired pulmonary capacity, and reduced lung volume.

A Jones Act claim has been filed against defendant McDermott. While defendants Hess, Chevron, Tate & Lyle and McDermott are accused of negligence and strict liability for not providing respiratory protection or other personal protective equipment, not providing proper training in the proper safety procedures, failing to have the necessary equipment to perform the required work, failing to have properly trained and competent crew, and for failing to comply with applicable regulations and laws.

Through the lawsuit, Mr. France is seeking damages for pain and suffering, medical expenses, physical therapy, disability, emotional and psychological anguish and distress, loss of income, loss of enjoyment of life, loss of consortium, loss of service and loss of society, punitive damages, court costs, attorney’s fees, and interest.

Asbestos News Roundup: 11.28.13 – Hot Air Furnace Asbestos Risk

November 28th, 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.

Hot Air Furnace Asbestos Risk

While it may not officially be winter—it certainly seems as if it is in many parts of North America. Time to turn the heating on. But, if your hot air furnace is old, beware—it could contain asbestos!

While asbestos has been banned from use in furnace gaskets since the 1970s in Canada, and likely the US as well, furnaces purchased and installed before then may still be in operation—they have a lifespan of some 50 years or more.

As the gaskets in hot air furnaces disintegrate with time and wear and tear, they can spread asbestos fibers throughout the house, exposing the inhabitants to long-term exposure and potentially fatal asbestos disease including asbestosis and lung cancer—without them even knowing it. If you suspect your furnace could contain asbestos, get a professional in to take a look at it.

Asbestos Lawsuits

Galveston, TX: The family of a recently deceased oil refinery worker has filed an asbestos lawsuit naming 12 companies which they allege are responsible for the late John Biondo’s death.

According to court documents, the offspring of the late John Biondo launched the litigation against the defendants, chief among them General Electric Co. and CBS Corp. Biondo was employed at the Texas City Refining Inc. facilities from 1954 to 1994.

According to the original complaint, Biondo was “exposed to asbestos dust and/or fibers” during his course of employment, specifically prior to 1980. “As a result of his exposure to asbestos dust and/or fibers while employed by Texas City Refining Inc. John Biondo contracted asbestos-related mesothelioma which ultimately took his life,” the lawsuit claims.

Biondo’s family claim that there were defects in the design and marketing of “the defendants’ asbestos-containing products and/or machinery at the time they left the possession of the defendants,” insisting the companies had prior knowledge but failed to warn of the hazards. Biondo’s family is seeking unspecified monetary damages. (setexasrecord.com)

Asbestos Settlements

Jefferson County, TX: A settlement has been reached between the family of the late Romeo Vera and Chevron U.S.A. – the company the family Vera’s family alleges was responsible for his asbestos exposure and death.

Gaynell Vera and her three children filed the asbestos lawsuit April 11, 2011, alleging Vera was exposed to asbestos dust and fibers during the course of his employment by Gulf Oil Corp., now owned by Chevron, at its Port Arthur refinery. “As a result of such exposure, Romeo Vera developed an asbestos-related lung disease, for which he died a painful and terrible death on Oct. 26, 2009,” the lawsuit states.

“The defendant knew for decades that asbestos products could cause … cancer and sill allowed employees to work with and around asbestos products in the workplace.” The plaintiffs were suing for exemplary and punitive damages. (setexasrecord.com)

Harrisburgh, PA: A major victory for victims of occupational diseases was recently won in Pennsylvania, in a landmark decision, by the Pennsylvania Supreme Court. The decision reversed a Superior Court decision and recognized an employee’s right to bring a civil action against an employer for a latent occupational disease, such as asbestos mesothelioma.

In Landis v. A.W. Chesterton, et al. and Tooey v. A.K. Steel Corp., plaintiffs developed mesothelioma from years of work-related asbestos exposure. Under prior interpretations of the Workers Compensation Act in Pennsylvania, however, Landis and Tooey were unable to seek workers compensation benefits, or file civil action against their employer, because their mesothelioma did not manifest within 300 weeks of the date of last exposure.

The Pennsylvania Supreme Court ruled that the Act did not apply to latent occupational diseases, or diseases that might take years to develop and be diagnosed, and therefore victims were not prohibited from filing a common law claim against an employer.

In its written opinion, the court stated that interpretations should be “consistent with the humanitarian purposes of the Act,” and “resolve in favor of the employee.”

“It is inconceivable that the legislature, in enacting a statute specifically designed to benefit employees, intended to leave a certain class of employees who have suffered the most serious of work-related injuries without any redress under the Act or at common law,” the court wrote.

John Tooey worked as an industrial salesman from 1964 until 1982 and during his employment sold asbestos containing products, which caused him to be exposed to asbestos dust. In December 2007, Tooey developed mesothelioma and died less than one year later. Spurgeon Landis worked for a manufacturer of welding rods from 1946 until 1992 and, during his employment, he too was exposed to asbestos dust. Mr. Landis was diagnosed with mesothelioma in 2007 and died in 2012. (digitaljournal.com)

 

Asbestos News Roundup: 11.21.13 – High Risk Jobs for Asbestos Exposure

November 21st, 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.

High Risk Asbestos Disease Occupations

Many workplaces in the US are now considered to have put workers at high-risk for asbestos exposure—decades ago. These include: US Navy, oil refineries, shipyards, chemical manufacturing facilities, aerospace manufacturing facilities, mines, smelters, coal fired power plants, construction work sites, auto repair shops, plumbers, welders, electricians, and most manufacturing, or industrial plants that were operating in the 1950s, 1960s, 1970s, or 1980s.

Sadly, many individuals who served in the US Navy, worked at a power plant, an oil refinery, or a shipyard decades ago are now being diagnosed with asbestos disease—the average age of diagnosis of asbestos mesothelioma is 72 years, according to the Centers for Disease Control, (CDC).

Although strict regulations about the use of asbestos have been put in place, the potential for asbestos exposure remains. In 2009, the CDC reported:

“Although asbestos has been eliminated in the manufacture of many products, it is still being imported (approximately 1,730 metric tons in 2007) and used in the United States in various construction and transportation products. Ensuring a future decrease in mesothelioma mortality requires meticulous control of exposures to asbestos and other materials that might cause mesothelioma. Recent studies suggest that carbon nanotubes (fiber-shaped nanoparticles), which are increasingly being used in manufacturing, might share the carcinogenic mechanism postulated for asbestos and induce mesothelioma, underscoring the need for documentation of occupational history in future cases.” The full report can be accessed at the CDC’s webpage.

Asbestos Lawsuits

Madison County, IL: Lavail Gulledge filed an asbestos lawsuit against 68 defendant corporations on behalf of her father, Bobby Gulledge. Lavail Gulledge alleges in her lawsuit, that the defendant companies caused her father to develop lung cancer due to his exposure to asbestos-containing products throughout his career. Mr. Gulledge died of asbestos disease on August 4, 2012.

Bobby Gulledge worked as a boiler tender in the US Navy from 1955 until 1958, as a self-employed mechanic from 1958 until 1975, as a pipefitter at Ingall’s Shipyard from 1975 until 1979 and from 1985 until 2001, as a pipefitter at BAE Systems Shipyard from 1979 until 1980, as a pipefitter at Avondale Shipyard from 1980 until 1983 and as a self-employed roofer from 1983 until 1984.

Lavail Gulledge claims that the defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for her father’s safety.

Further, Ms. Gulledge alleges that as a result of his asbestos-related disease, her father became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish. Mr. Gulledge was therefore prevented from pursuing his normal course of employment and, as a result, lost large sums of money that would have accrued to him, the lawsuit states.

Lavail Gulledge is seeking economic damages of more than $200,000, a judgment of more than $100,000, punitive and exemplary damages, compensatory damages of more than $100,000 and other relief the court deems just. (madisonrecord.com)

Madison County, IL: Colin Crumpton has filed an asbestos lawsuit naming 75 defendant corporations. In his complaint, Crumpton alleges the defendant companies caused him to develop lung cancer as a result of exposing him to asbestos-containing products throughout his career.

Crumpton worked as an electrician aboard the USS Stribling-DD867 from 1962 until 1964, as an electrician at Georgia Power Harllee from 1964 until 1965, as an electrician at Brosman Yard Rail Road from 1964 until 1966, as an electrician at Sinclair Office Building in 1967, as an electrician at Georgia Kraft in 1968 and as an electrician at Pabst Blue Ribbon Refinery from 1968 until 1970, according to the complaint.

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

In his 11-count complaint, Crumpton is seeking a judgment of more than $200,000, economic damages of more than $150,000, compensatory damages of more than $50,000, punitive and exemplary damages of more than $100,000 and other relief the court deems just.

New Orleans, LA: An asbestos lawsuit has been filed by Merlin P. Landry, against 31 defendant companies. In his asbestos complain Landry state he developed asbestos mesothelioma as a result of living in close proximity to asbestos manufacturing plants and from exposure through his father.

According to the complaint, Landry was exposed to hazardous levels of asbestos from three sources: living in proximity to asbestos manufacturing plants and scrap metal depositories from 1949 to the 1960s and from fibrous asbestos brought home by his father, who was employed as a draftsman at Avondale Shipyard and Walk Haydel Inc.

In the complaint, the defendants are accused of strict liability for mining, manufacturing, selling, supplying, distributing, and using inherently dangerous, hazardous product, for failing to report, design, safety instructions, and warn, for the defective composition of their products, failure to recall defective products, and for defective packaging. Employers are accused of creating an unsafe work environment, omitting critical medical and safety information from the plaintiff’s father, and failing to supervise or monitor the situation.

Landry is seeking an undisclosed amount for medical costs and expenses, lost earnings, mental suffering, anguish, and pain, physical pain and suffering, loss of quality of life and disability.

Landry names 31 defendant companies including those classified as miners/manufacturers/sellers/distributors/contractors, specifically: ANCO Insulations Inc., Asbestos Corporation Ltd., Zurich American Insurance Co., Burmaster Land & Development Co. LLC, Eagle Inc., Hopeman Brothers Inc., International Paper Co., Liberty Mutual Insurance Co., McCarty Corp., Owens Illinois Inc., Metropolitan Life Insurance Co., Reilly-Benton Co., Taylor-Seidenbach Inc., Uniroyal Inc. and Viacom Inc.

Employer/premise owner/executive officer defendants are Avondale Industries, OneBeacon Insurance Co., Union Carbide Corp., Murphy Oil USA, Chevron USA Inc., Shell Oil Co., Shell Chemical, Pharmacia Corp., URS Corp., Wyeth Holding Corp. and ExxonMobil.

Insurance defendants are Maryland Casualty Co., Continental Insurance Co., Federal Insurance Co., Travelers Casualty & Surety Co. and Insurance Company of North America.