White Guy Nets $3.25M Verdict in Racial Discrimination Case

August 16th, 2013. By AbiK

Racial discrimination is something we’ve come to associate with minority groups—it’s rare that you see an item in the press about a non-minority being the victim of such discrimination, outside of say the occasional affirmative action case related to college admissions.

But, what if someone from the majority is actually part of the minority in a work situation? That’s what happened in a recent court case involving the city of Los Angeles.

In James Duffy v. City of Los Angeles, Duffy, a 63-year old Caucasian man who’d been working for the City’s Department of Recreation and Parks as a gardener for 19 years, alleged racial discrimination against his Hispanic foreman and coworkers. According to court documents, Duffy’s foreman, Abel Perez, allegedly began discriminating against Duffy upon becoming his foreman back in 2004.

Duffy claimed he was forced to retire after several discriminatory events took place—including some harassing incidents that happened after Duffy had suffered an on-the-job head injury, resulting in short-term memory problems. According to the filing, Duffy stated he’d complained to his supervisors several times but to no avail.

Some of the alleged discriminatory actions included Perez once stating “I hate white people.” Perez would also allegedly tell Duffy he hadn’t been given certain assignments when he had or that he failed to complete assignments he had never actually been given.

The complaint also stated the city of Los Angeles engaged in intentional racial discrimination by maintaining a “systematic and continuous policy and goal of firing and demoting Caucasian employees”—and that the city took no action after Duffy had made numerous complaints about the harassment he was enduring.

The case, James Duffy v. City of Los Angeles, Los Angeles Superior Court, Central , BC454369, went before a jury and a verdict was returned in favor of Duffy. The $3,255,000 verdict was unanimous on claims of disability and racial harassment, retaliation and discrimination by the City of Los Angeles and three of Duffy’s supervisors. The verdict comprised $380,000 in economic damages and $2,875,000 in non-economic damages.

Asbestos News Roundup: 8.15.13 – 6 States with Highest Rate of Mesothelioma

August 15th, 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

6 States with Highest Rate of Mesothelioma Include States with Major Shipyards

US Navy Veterans have some of the highest incidence of mesothelioma, or asbestos related lung cancers of all Americans. This is because during the 1950’s, 1960’s, 1970’s, and 1980’s asbestos was used on most parts of all US Navy ships, especially in engine rooms, ammunition magazines, repair rooms, fuel storage areas, and or electronics areas.

Currently, there are over 20 million US Navy veterans, many of whom will have worked at Navy shipyards across the US. According to the Centers for Disease Control, the six states that see the highest rate of individuals diagnosed with mesothelioma include Maine, Pennsylvania, New Jersey, West Virginia, Wyoming, and Washington. Both Washington, and Maine have major shipyards. Other states with major shipyards include California, Virginia, Louisiana, Alabama, Maryland, and Texas.

Sadly, US Navy veterans aren’t the only group of people at high risk for asbestos disease stemming from workplace exposure. Aside from shipyards, power plants, manufacturing factories, chemical plants, oil refineries, steel mills, mines, smelters, aerospace manufacturing facilities, demolition construction work sites, railroads repair yards, automotive manufacturing facilities, or auto brake repair shops, also posed or pose significant risks for asbestos exposure, particularly for people working in these areas during the 1950s through to the end of the 1980s.

Asbestos Lawsuits

Jefferson County, TX: Three people have filed an asbestos lawsuit naming four defendant companies as responsible for the diagnosis of asbestos related disease in one of the plaintiffs.

The defendants named in the complaint are Atlantic Richfield Co., Beazer East Inc., Certainteed Corp. and Guard-Line Inc. Audrey J. Hawkins, Terri Banken and Gina Daigle claim Floyd Hawkins was diagnosed with lung cancer as a result of ongoing asbestos exposure through the course of his work, specifically through large amounts of asbestos in products manufactured, sold, designed, supplied, distributed, mined, milled, relabeled, resold, processed, applied or installed by the defendants.

Floyd Hawkins’s disease resulted from inhaling, ingesting or otherwise absorbing asbestos fibers while at work, the plaintiffs claim in their suit. They further allege that Mr. Hawkins was not at any time during his work, aware or made aware of the hazards of asbestos exposure.

According to the complaint, the defendants failed to adequately warn Floyd Hawkins of the serious health hazards related to asbestos exposure and failed to provide him with what would be considered adequate and safe working apparel.

Further, the defendants failed to provide Mr. Hawkins with a safe workplace and allowed dangerous conditions to exist, the complaint states. The defendants also allegedly were negligent in that they failed to test their products before they were released into the stream of commerce; failed to place warning labels on the asbestos products; failed to warn Floyd Hawkins on the proper way to handle asbestos products; failed to enforce a safety plan; and failed to follow government regulations. Because of his disease, Floyd Hawkins experienced physical pain, suffering and mental anguish; endured emotional distress and physical impairment; and incurred medical costs, the complaint says.

Floyd Hawkins children also claim that following the death of their father they suffered the loss of his care, maintenance, support, services, advice, counsel and reasonable contributions and suffered mental anguish. (setexasrecord.com)

Asbestos Settlements

Plaquemine, LA: A retired electrician who filed an asbestos lawsuit in Louisiana has been awarded by the jury hearing his case, nearly $6 million finding that his alleged asbestos exposures at a Dow Chemical facility was a factor in causing his mesothelioma.

At the end of the trial, which ran four weeks, the Louisiana 18th Judicial District Court for Iberville Parish jury held trial defendant Dow Chemical responsible under theories of negligence and unreasonably dangerous premises. Dow Chemical and Westgate, an electrical contractor and the plaintiff’s former employer, were the only defendants remaining at the time of the verdict. (Harrismartin.com)

 

Ms. ‘Lean In’ Sheryl Sandberg Called ‘Exploitive’ over Unpaid Intern Job

August 14th, 2013. By AbiK

Say it isn’t so! You have to love social media—where everything you (or your hired minions) say can, and will, be held against you. Enter Sheryl Sandberg, author of the much-talked-about “Lean In” book and COO of Facebook. Ms. Sandberg, herself, did not apparently say anything on Twitter, but one of her minions, Jessica Bennett—who ‘heads up editorial’ for Ms. Sandberg’s Lean In team (whatever that really means) did tweet something about an available gig as an unpaid intern on the Lean In team.

That was on Tuesday. Today, according to a post over at Gawker, there had also been a post by Bennett on Facebook that offered up the gig.

Read More: Summertime and Many Unpaid Interns Misclassified, according to the California Labor Law

Ordinarily, it might sound like a great opportunity. But, given how much Ms. Sandberg is probably reaping financially from both Facebook and her book sales, why is the job “unpaid”? And isn’t it a bit at odds with the whole Lean In female empowerment thing? Take risks! Sit at the table! Seek challenges! But, by the way, if you’re goal is to sit at MY table, don’t expect to receive a dime from me.

Not to mention, last we looked, an intern is supposed to be learning something on the job—this job description sounds like the Lean In team is looking for more of a seasoned pro. Here are the requirements for the unpaid intern:

“Part-time, unpaid, must be HIGHLY organized with editorial and social chops and able to commit to a regular schedule through end of year. Design and web skills a plus!”

You have to love the chutzpah there. Note to Ms. Bennett: Merriam-Webster defines “chops” as “expertise in a particular field or activity”. Hmm. That would seem to be at odds with the requirements of an unpaid intern who would typically come to a company in order to be trained on-the-job.

Oh, but it’s all for the prestige of getting dumped on to promote Leaning In!

For kicks, here’s the image of Bennett’s Twitter post that appeared over at Gawker (note the comments):

 

 

Here’s some advice for Ms. Sandberg and her Lean In team: practice what you preach…walk the talk (ugh, hate that saying but the shoe fits) and pay your damn interns. Otherwise, maybe you should refund everyone who bought your book; after all, it’s starting to sound a bit like consumer fraud…

Asbestos News Roundup: 8.8.13 – WHO Study: 17 Years, 141,900 Deaths

August 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.

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

A new 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 appears 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

Houston, TX: 34 defendants have been named in an asbestos lawsuit brought by a Houston man who claims the asbestos-related disease with which he was diagnosed was wrongfully caused.

Lonnie D. Martin claims he was exposed to large amounts of asbestos in products manufactured, sold, designed, supplied, distributed, mined, milled, relabeled, resold, processed, applied or installed by the defendant companies. According to the asbestos lawsuit complaint, it was his exposure to these products which led to his diagnosis of asbestos disease.

Specifically, Martin alleges that because he inhaled, ingested or otherwise absorbed asbestos fibers during the course of his work, he developed his disease. Martin claims that not only was he unaware of the hazards of asbestos exposure, but also that the named defendant companies failed to adequately warn him of the serious health hazards related to asbestos exposure, and that they failed to provide him with adequate and safe working apparel.

In addition, Martin’s complaint asserts that the defendants failed to provide him with a safe workplace, allowed a dangerous condition to exist, failed to warn of the hazardous condition and to warn him that asbestos particles could lead to disease and failed to market asbestos products that were safe to use.

The asbestos lawsuit also claims that the defendants negligently failed to test their products prior to their release to market; failed to place warning labels on the asbestos products; failed to warn on the proper way to handle asbestos products; failed to enforce a safety plan; and failed to follow government regulations.

Consequently, Martin experiences physical pain, suffering and mental anguish; lost wages; lost his earning capacity; has suffered disfigurement and physical impairment and incurred medical costs, all resulting from his asbestos disease.

Defending companies named in the complaint include American Standard, Aqua-Chem, Aurora Pump Company, A.W. Chesterton, Babacock Borsig Power, Baker Hughes, Bryan Steam Corporation, Buffalo Pumps, Certain-Teed Corporation, Crane, Dover Corporation, Dow Chemical Company, ExxonMobile Oil Corporation, Flowserve Corporation, FMC Corporation, Foster Wheeler Energy Corporation, General Electric Company, Georgia-Pacific Corporation, Goulds Pumps, Guard-Line, Ingersoll-Rand, Lawrence Pumps, Leslie Controls, Lucey Boiler Company, Peerless Pump Company, Sihi Pumps, Spx Corporation, Sta-Rite Industries, Sulzer Pumps, Union Carbide Corporation, Viacom, Viking Pump, Weir Minerals North America, Yarway Corporation and Zurn Industries. (setexasrecord.com)

St. Clair County, IL: A Missouri couple has filed an asbestos complaint alleging 59 defendant companies, through their negligence, have caused Janis M. Whiting to develop mesothelioma

Janis Whiting and James B. Whiting allege that Janis was exposed to asbestos-containing products throughout her career as an operating technician in the US Force from 1967 until 1968, at University of Missouri Hospital from 1968 until 1979, at Community Hospital and Pinellas County Hospital from 1970 until the mid-1970s and at Community Hospital of New York from the mid-1970s until 1979. She also worked as a photographer at PCA from 1979 until 1985, as a hair dresser in 1982, as an operating technician at Moberly Regional Hospital from the mid-1980s through 1987, as a truck driver at Watkins Motor Line from 1987 until 2010, as a laborer at Moberly Surgical Center in 2011 and as a truck driver at R&R Trucking from 2012 until 2013.

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

According to their lawsuit, it is as a result of her asbestos-related diseases that Janis M. Whiting is now disabled and disfigured, has incurred medical costs and suffered great physical pain and mental anguish and is prevented from pursuing her normal course of employment. This has resulted in her having lost large sums of money that would have accrued to her.

In their 10-count complaint, the Whitings are seeking a judgment of more than $50,000, economic damages of more than $200,000, punitive and exemplary damages of more than $100,000, compensatory damages of more than $150,000, punitive damages in an amount sufficient to punish the defendants, plus costs and other relief the court deems just. (madisonrecord.com)

St. Clair County, IL: Edmund Borgman, a former railroad worker with Union Pacific Railroad Company, has filed an asbestos lawsuit naming the railway as a defendant, and alleging it is through the company’s negligence that he has developed his lung cancer.

Specifically, Borgman alleges he was exposed to various toxic substances, including asbestos, throughout his career from 1959 until 1968 in the clerical department at Union Pacific. In turn, he developed lung cancer.

Due to his disease, Borgman has suffered great pain and disability, endured mental anguish and extreme nervousness and experienced disability, the complaint states.

Borgman claims Union Pacific negligently failed to provide him with a safe place to work, failed to provide him with safe equipment, exposed him to various toxic substances, failed to warn him of the dangers of the substances and allowed unsafe work practices to become common. (madisonrecord.com)

 

Asbestos News Roundup: 8.1.13 – US Asbestos Use on Rise in some Industries

August 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.

Asbestos Use in the US on the Rise in Some Industries

The Asbestos Disease Awareness Organization (ADAO), the largest independent asbestos victims’ organization in the U.S., today announced that President and Co-Founder Linda Reinstein will testify about the dangers of asbestos before the U.S. Senate Committee on Environment and Public Works (EPW).

Ms. Reinstein will discuss the facts about the continued use of lethal asbestos in the U.S., with ports in the states of Louisiana, Texas, California and New Jersey still actively receiving and unloading asbestos shipments. Reinstein will also reference the U.S. Geological Survey’s (USGS) report that states that U.S. asbestos consumption in 2012 was estimated to be 1,060 tons. In the past two years, the nation has seen an increase in asbestos consumption in the chlor-alkali industry specifically, even though viable and affordable asbestos substitutes exist.

Asbestos fibers are odorless, tasteless, indestructible, and can be nearly 700 times smaller than a human hair. All forms of asbestos can cause cancer and respiratory diseases.

Each year, an estimated 10,000 Americans die from asbestos-related disease: 3,000 from mesothelioma, 5,000 from lung cancer, and 2,000 from other cancers or respiratory diseases. Between 2000 and 2010, 43,464 Americans died from mesothelioma and asbestosis – just two of the leading asbestos-caused diseases. (ADAO)

Asbestos Lawsuits

Oakland, CA: A take-home or second hand asbestos lawsuit brought by the wife of a retired Bay Area ironworker will be allowed to move forward. Donald LeBoa worked for hundreds of days on the construction of the Bank of America high rise building in San Francisco in the late 1960’s. According to court documents, the project involved a continuous sweeping of dry oversprayed fireproofing in the building, which caused large amounts of asbestos-containing dust to become airborne.

The asbestos in the air fell on everyone in the area, including Mr. LeBoa, whose work clothes became covered with asbestos dust, according to court documents. Mr. LeBoa wore his work clothes home every day and his wife washed them. Mrs. LeBoa shook out the dust from her husband’s clothes before putting them in the washing machine with the rest of the laundry.

Mrs. LeBoa was diagnosed in 2012 with mesothelioma, a fatal cancer. According to court documents, the asbestos on her husband’s work clothes allegedly caused Mrs. LeBoa’s mesothelioma.

The sweeping work that created the asbestos dust that fell onto Mr. LeBoa’s work clothes was performed by a company called Cahill. According to court documents, Cahill allegedly did not try to control the asbestos dust in the building nor did Cahill warn anyone of its risks.

Mrs. LeBoa sought compensation from Cahill, along with other defendants, in a take-home exposure asbestos lawsuit (LeBoa v. Alta Building Material Co., et al., Alameda County Superior Court, No. RG13667129) for its role in causing her harm. According to court documents, Cahill asked the court to dismiss the case, arguing that a person exposed to deadly dust tracked into her home should have no right to file a lawsuit. Judge Jo-Lynne Q. Lee disagreed with Cahill and allowed Mrs. LeBoa’s case to move forward. The judge’s order explained, “Cahill has not made a sufficient legal argument to induce this court to establish a new rule of law and grant it summary judgment under that new rule.”

According to court documents, trial for this take-home exposure asbestos lawsuit begins on August 13, 2013 against Cahill and the other defendants. (prweb.com)

Asbestos Settlements

Buffalo, NY: An upstate New York jury has awarded $3 million in an asbestos gasket and packing case against Crane Co., finding the defendant 35 percent liable for the decedent’s asbestos mesothelioma.

The New York Supreme Court for Erie County jury reached the verdict on July 31 after two days of deliberations. Judge Jeremiah J. Moriarty III presided over the two-week trial.

In its verdict, the jury awarded $2.5 million to decedent Lee Holdsworth and $500,000 to his widow. An additional $67,700 was issued for Holdsworth’s medical bills. (Harrismartin.com)

Asbestos Law

Boston, MA: The state Department of Environmental Protection (DEP) has fined a Haverhill company $3,000 by for its failure to follow proper asbestos-removal procedures at a job site in Fitchburg last summer.

According to a recent press release, during an August 2012 inspection of the former Fitchburg Gas and Electric power plant site, at 115 Sawyer Passway, Fitchburg, DEP inspectors observed workers from Absolute Environmental Contractors, Inc., improperly handling and disposing of asbestos-insulated pipes.

According to the DEP, the pipes were placed in an open-top, roll-off container without being adequately wetted or sealed in leak-tight, labeled containers, as required by law.

State regulations require removal contractors to wet asbestos-containing materials thoroughly during all phases of removal, handling and packaging for disposal in order to minimize the potential for asbestos fibers to become airborne and reduce the chance of exposure for workers and the public.

Absolute Environmental Contractors is licensed by the state Department of Labor Standards to be an asbestos contractor.

“Licensed asbestos contractors are most certainly aware of the required asbestos-removal procedures and must strictly follow all work practices prescribed by the MassDEP asbestos regulations,” said Lee Dillard Adams, director of the DEP Central Regional Office in Worcester. “The cost of noncompliance includes payment of penalties and escalated cleanup, decontamination and monitoring costs.” (sentinelandenterprise)