Southwest Learns Not to Screw a Lawyer out of a Drink (ever) & Gets a Hefty Bar Tab

December 28th, 2012. By AbiK

Important tip: If you’re going to screw someone out of a drink, make sure he’s not a lawyer.

Southwest Airlines learned that the hard way last week when a judge approved the settlement for the recent class action lawsuit in which Southwest screwed its Business Select ticket purchasers out of some drinks.

Apparently, the way things were (where’s Barbra Streisand when you need her?) at Southwest, if a passenger purchased tickets through their premium Business Select program, the passenger would receive drink vouchers—valued at $5 each and with no expiration date—that they could then use in-flight.

Well, all fine and dandy until the fateful date of August 1, 2010. That’s when Southwest changed the rules of the game and decided that those drink vouchers could only be used on the day of travel that was printed on the ticket. Hmm…thinking of stockpiling vouchers for that red-eye flight? Not anymore you aren’t (and you may want to hold off on popping the Ambien…)

So someone raised an eyebrow at the switcheroo in policy and that someone was an attorney: Adam Levitt (of Wolf Haldenstein Adler Freeman & Herz in Chicago).

Levitt, clearly being an ‘e pluribus unum’ kind of guy, figured he wasn’t the only one affected by the disappearing drinks act and, therefore, from the many affected one class was formed and a Southwest Airlines drink voucher class action lawsuit was filed (November 16, 2011). Levitt, it goes without saying, was the initial plaintiff in the case.

According to Business Insider, the breach of contract lawsuit settlement affects those Southwest Airlines passengers who purchased tickets prior to August 1, 2012 through the Business Select program and received drink vouchers but did not redeem them–note, the settlement does not affect passengers who earned drink vouchers via the frequent flier program Rapid Rewards.

Further, BI reports that the drink voucher settlement entitles eligible fliers to new drink vouchers—even if they no longer have the original unused vouchers—for each voucher the passenger claims they had earned but not redeemed. The settlement drink vouchers will be good for one year.

Drink voucher lawsuit class members will reportedly be notified of the settlement and how to submit a claim over the next few weeks.

Chicago attorney Joseph Siprut, who represented the ‘took the drink right out of my hands’ victims, is quoted in BI as saying, “This settlement is a grand-slam result for the class, as consumers are recovering 100 cents on the dollar.” (not a shabby recovery, btw).

It’s estimated the Southwest drink voucher settlement could cost the airline in the area of $29 million, given that there are potentially 5.8 million fliers who are part of the class, having purchased and flown Southwest via the Business Select program between October 2007 and August 2010.

 

Asbestos News Roundup: 12.27.12 – Welder, Pipefitter Asbestos Risk

December 27th, 2012. 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 Risk for Welders, Construction Workers and Millwrights

Many of the materials used in construction, including welding, pipefitting, and millwright work, contained, or in some cases still contain asbestos. By the mid-20th century asbestos was being used in fire retardant coatings, concrete, bricks, pipes and fireplace cement, heat, fire, and acid resistant gaskets, pipe insulation, ceiling insulation, fireproof drywall, flooring, roofing, lawn furniture, and drywall joint compound.

It wasn’t until the 1980s that the knowledge of the dangers of asbestos exposure and related asbestos disease became more widely known amongst the general public. Consequently, millions of men and women likely worked on or around asbestos without any protection for decades.

It would not be uncommon for people to work with asbestos-containing products, either installing or removing them, which would send asbestos fibers into the air. The fibers are inhaled, and settle on people’s clothing—and that’s how asbestos disease begins. People who become ill from asbestos are usually exposed to it on a regular basis, hence the hundreds of asbestos lawsuits we are seeing now. Just such a situation is currently being reviewed by the Workers’ Compensation Board of West Virginia, as we detail below.

Asbestos Lawsuit

St. Clair County, IL: An asbestos lawsuit naming B.F. Goodrich and Michelin North America as defendants has been filed by the widow of the recently deceased Herbert Carmon.

According to the asbestos lawsuit, Carmon was employed by B.F. Goodrich in Jefferson County, where he was exposed to asbestos dust and fibers. “As a result of such exposure, Herbert Carmon developed an asbestos related disease, pleural disease and mesothelioma/lung cancer, from which she died a painful and terrible death on July 24, 2011,” the lawsuit states.

The lawsuit accuses the defendants of negligently failing to warn employees of the dangerous of asbestos. Carmon’s widow is suing for exemplary damages. (setexasrecord.com)

Asbestos Workers’ Compensation

Charleston, WV: A decision by the West Virginia Workers’ Compensation Board (WCB) has been overruled by the state Supreme Court, in a case of occupational pneumoconiosis.

In his Workers’ Compensation claim, Jeffrey Murray alleges that as a result of his exposure to dust during his employment with Alcan Rolled Products he now suffers from occupational pneumoconiosis.

A Mr. Merrifield, an industrial hygienist for Alcan, acknowledged the presence of “asbestos, refractory ceramic fibers, and fiberglass” that had the potential of becoming airborne at the plant during the time of Murray’s employment. However, Merrifield claimed the levels of airborne fibers were not at such a level so as to be harmful to Murray after February 13, 1994.

The judges hearing Murray’s case found the data used to back up Merrifield’s assertions did not fully meet the criteria demanded by the applicable state statute. Specifically the judges wrote “there was no sampling data covering the area where Mr. Murray worked when he was employed in the finishing department from February 14, 1994, to March 7, 1994, or when he was employed in the plate department from November 21, 2002, to January 19, 2003.”

The panel of WBC judges also found a “lack of consistency in the time period between sampling conducted in each department” and that these failures triggered a statutory presumption that Murray’s respiratory issues were due to occupational hazards at Alcan.

However, the Board of Review has overruled the Board of Judges, asserting that Alcan was in compliance with OSHA’s dust limits during the times in question and Murray was therefore not entitled to the statutory presumption that his illness was caused by his employment hazards. Specifically, the Supreme Court found fault with both the Board of Judges and the Board of Review. At issue was the amount of time Murray was allegedly exposed to asbestos. They have remanded the case back to the board for proceedings consistent with its opinion. (wvrecord.com)

Asbestos Law

Anchorage, AK: An Alaska company has been fined $70,000 and placed on three years of probation for releasing asbestos into the air in Anchorage.

Chief US District Court Judge Ralph R. Beistline (BISTE’-line) last week also ordered Copper River Campus to hire an environmental consultant to make sure it commits no more violations. Copper River Campus owns and manages buildings used by Copper River Seafoods on East 5th Avenue.

The US Attorney’s Office says the company knew buildings contained dangerous asbestos but ordered them to be demolished or renovated in March 2010.

Inspectors from the Environmental Protection Agency halted the work. Prosecutors say the work put friable chrysotile asbestos, the most common variety, into the air. (insurancejournal.com)

Top 10 Drug Legal News Topics For 2012

December 24th, 2012. By AbiK

LawyersandSettlements.com recently shared its list of the hottest consumer-related pharmaceutical legal news stories during the last year. Of note is that while the top drug-related topic on the legal news website in 2011 had been Tylenol—prompted by concerns over a series of Tylenol recall notices as reported by The New York Times; for 2012, the most sought out pharmaceutical topics have shifted to women’s health.

Third-generation contraceptives such as Yasmin/Yaz, NuvaRing and Mirena top the list this year as numerous birth control lawsuits either settled, or began the process of consolidation into multi-district litigation (MDL).

Reader interest in Yaz/Yasmin rose in response to Yasmin lawsuit settlements that were announced in April (In re Yasmin and Yaz (Drospirenone) Marketing, Sales Practices and Product Liability Litigation, 09-md-02100, U.S. District Court, Southern District of Illinois, East St. Louis). Bloomberg reported Bayer AG settled about 500 Yasmin lawsuits over claims of blood clots that had, in some cases, led to stroke or heart attack.

Along with Yaz, readers remained concerned about NuvaRing (etonogestrel/ethinyl estradiol) and blood clot risk even as a new study on non-oral hormonal contraception, published in the British Medical Journal (BMJ 2012;344:e2990), was presented at the annual meeting of the American College of Obstetricians and Gynecologists (May, 2012). The study, aimed at quantifying NuvaRing blood clot risk, indicated no significant difference in risk of venous thromboembolism when compared to oral contraceptives.

Still, NuvaRing lawsuits continue and have been consolidated into a federal MDL court in Missouri (In re: NuvaRing Products Liability Litigation, No. 08-md-1964, JPML, Eastern District Missouri). As of September 5, 2012, according to the U.S. Panel on Multidistrict Litigation, more than 1,000 NuvaRing lawsuits have been filed.

Mirena IUD (levonorgestrel) saw an increase in reader interest after August 2012, as Bayer Healthcare Pharmaceuticals, Inc. submitted an Application for Centralized Management of Certain Cases involving Mirena. As FoxNews reported (11/11/12), the request seeks to create a multi-district litigation (MDL) for 16 pending Mirena lawsuits in NJ that allege Mirena caused uterine perforation, infection and hemorrhaging injuries.

After the top three women’s health-related drugs, Pradaxa (dabigatran), an alternative to warfarin, joined the list this year making the Top 5. In November 2012, the FDA issued a Drug Safety Communication regarding Pradaxa bleeding events which in turn helped drive reader interest.

Thousands of LawyersandSettlements.com monthly readers have followed the latest legal news and information on these topics, many of which have fallen from the radar of traditional media outlets.

“We believe these issues are of great importance to the public, mostly due to the life-changing impact they can have on an individual,” said Stephen King, CEO. “Some of our most interesting stories of the year related to pharmaceuticals. Many of them have pending lawsuits or have had substantial settlements related to their life-altering side effects and it’s important to get this information out to the public. While many pharmaceutical companies continue to earn significant profits, people are suffering. They may think they have no recourse but in many cases they do. By keeping these topics alive, LawyersandSettlements.com is helping people stay up-to-date on these important topics every day.”

The LawyersandSettlements.com Top 10 Pharmaceutical Topics of 2012, along with the potential side effects readers were seeking information on, are:

1. Yasmin/YAZ (gall bladder disease, blood clots, deep vein thrombosis, pulmonary embolism)

2. NuvaRing & Mirena (blood clots, infection, perforation of the uterus)

3. Pradaxa (uncontrollable bleeding, lack of an available antidote)

4. Granuflo (elevated bicarbonate levels, risk for metabolic alkalosis)

5. SSRIs (birth defects including heart defects, spina bifida, cleft palate, club foot, PPHN)

6. Actos (bladder cancer, heart failure, kidney failure, rhabdomyolysis)

7. Diethylstilbestrol/DES (cancer)

8. Crestor / Statins (diabetes, cardiomyopathy, rhabdomyolysis)

9. Fosamax (bone fractures, esophageal cancer)

10. Propecia (sexual dysfunction, erectile dysfunction, sterility, prostate cancer)

LawyersandSettlements.com readers are looking for the latest and most comprehensive legal news available. Those seeking legal help can request assistance by completing a form which is then distributed to attorneys specializing in these cases. Over two and a half million people visit the site yearly, and hundreds of thousands of request forms have been submitted by qualified readers looking for legal guidance.

Surgical Mesh Implant Infographic Sums Up TVM Problems

December 24th, 2012. By AbiK

2013 will prove to be the “Year of the Transvaginal Mesh Lawsuit”, if a quick look at the upcoming court dates is indicative of anything. The first TVM lawsuit to go to trial will be the multi-district litigation (MDL) In re: C.R. Bard, Inc., Pelvic Repair Systems Products Liability Litigation (MDL No. 2187), which heads to court in February.

Three more transvaginal mesh (also referred to as “transvaginal sling”) MDL’s start heading to court in 2013 as well–though later in the year, with the first slotted for December 3, 2013. Those cases are: In re: American Medical Systems, Inc., Pelvic Repair System Products Liability Litigation (MDL No. 2325); In re: Ethicon, Inc., Pelvic Repair Systems Products Liability Litigation (MDL No. 2327); and In re: Boston Scientific Corp., Pelvic Repair Systems Products Liability Litigation (MDL No. 2326).

This transvaginal mesh infographic shows the history of the medical implant and also the problems the mesh has faced (or, allegedly created) along the way. The depiction was created for the Rottenstein Law Group in NYC.

Asbestos News Roundup: 12.20.12 – Auto Mechanic Asbestos Exposure

December 20th, 2012. 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.

Auto Mechanics & Asbestos Disease

Auto mechanics are at risk for asbestos-related disease, without being aware of it. Asbestos was used in countless products, including automotive parts such as brake linings and clutch facings, from the 1930s until the 1980s. In fact, it is still used today in many products like car brakes, according to the Environmental Protection Agency (EPA).

According to an EPA document entitled “Guidance for Preventing Asbestos Disease Among Auto Mechanics”, “Millions of asbestos fibers can be released during brake and clutch servicing. Grinding and beveling friction products can cause even higher exposures. Like germs, asbestos fibers are small enough to be invisible and they can remain and accumulate in the lungs.” This can cause asbestos disease such as asbestos mesothelioma, which can take 30 years to manifest.

Asbestos Lawsuits

St. Clair County, IL: 31 companies have been named as defendants in an asbestos lawsuit filed by George Norris. In his complaint, Norris alleges the defendants caused him to develop lung cancer after his exposure to asbestos-containing products throughout his career as a welder at Federal Paper Mill. He worked there from 1956 until 1988.

Norris alleges 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 disease, Norris alleges he has incurred medical costs and suffered great physical pain and mental anguish. Further, he became prevented from pursuing his normal course of employment and, as a result, lost large sums of money that would have accrued to him.

Norris is seeking a judgment of more than $50,000, economic damages of more than $150,000, compensatory damages of more than $150,000, punitive and exemplary damages of more than $100,000 and punitive damages in an amount sufficient to punish various defendants for their wrongdoing. (madisonrecord.com)

Charleston, WV: Elmer Lee Workman and his wife, Dorsey Workman, have filed an asbestos lawsuit naming 46 companies they claim are responsible for his asbestosis diagnosis.

On November 21, 2010, Mr. Workman was diagnosed with asbestosis. According to his lawsuit Workman was exposed to asbestos between 1939 and 1999, during which time he worked as a laborer and carpenter. From 1943 until 1945, Workman was in the U.S. Navy.

The defendants are being sued upon the theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentations and post-sale duty to warn.

The 46 companies named as defendants in the suit are 3M Company; A.C.F. Industries, LLC, successor-in-interest to ACF Industries, Inc.; A.W. Chesterton Company; Brand Insulations, Inc.; CBS Corporation; Certainteed Corporation; Cleaver Brooks Company, Inc.; Columbus McKinnon Corporation; Copes-Vulcan, Inc.; Crane Company; Crown, Cork & Seal USA, Inc.; Eaton Corporation; Flowserve Corporation f/k/a the Duriron Company, Inc.; Flowserve Corporation as successor-in-interest to Durametallic Corporation; Ford Motor Company; Foster Wheeler Energy Corporation; General Electric Company, Inc.; Geo. V. Hamilton, Inc.; Georgia-Pacific, LLC; Grinnell Corporation; Hercules, Inc.; Honeywell International f/k/a Allied Signal, Inc.; Honeywell International, Inc.; IMO Industries, Inc.; Industrial Holdings Corporation; Ingersoll-Rand Company; John Crane, Inc.; Kenova Box Company; Lockheed Martin Corporation; McJunkin Corporation; Metropolitan Life Insurance Company; Mobile Corporation; Oakfabco, Inc.; Ohio Valley Insulating Company, Inc.; Owens-Illinois, Inc.; Pneumo Abex Corporation; Premier Refractories, Inc.; Rapid American Corporation; Riley Power Inc.; Schneider Electric; Tasco Insulations, Inc.; Union Carbide Chemical & Plastics Company; Uniroyal, Inc.; Vimasco Corporation; Weil-McLain Company; and Yarway Corporation. (wvrecord.com)

Charleston, WV: Camden David Hudkins and his wife are suing 67 companies they claim are responsible for Mr. Hudkins’ diagnosis of asbestos mesothelioma.

Mr. Hudkins was an automotive mechanic at Cantrell Motors Ford in Weirton. He also performed residential construction work while employed at Yeonas Development Company in Fairfax, VA, according to his asbestos lawsuit. Hudkins claims he also worked as a laborer/helper at Weirton Steel Mill and performed maintenance and repair work on trucks and equipment for Hudkins’ Timber in Sutton.

Hudkins alleges that while employed in his various occupations, he was exposed to and did inhale asbestos dust and other dust from products of the defendants, which caused his mesothelioma. It was his exposure to asbestos during his working life that resulted in his diagnosis of asbestos-related mesothelioma, he claims in his lawsuit.

The defendants failed to warn Hudkins of the dangers of asbestos when they knew or should have known that exposure would cause disease and injury, according to the suit, and the defendants failed to exercise reasonable care to warn him of the dangers of being exposed to the products.

Hudkins claims the defendant also failed to inform him of what would be safe and sufficient apparel for a person who was exposed to or used asbestos products and failed to inform him of what would be safe, sufficient and proper protective equipment and appliances when using or being exposed to asbestos-containing products.

As a direct and proximate result of the defendants’ negligence, Hudkins suffered and will continue to suffer damages for medical treatment, drugs and other unknown remedial medical measures; great pain of the body and mind; embarrassment and inconvenience; loss of earning capacity; loss of enjoyment of life; and shortening of his life expectancy, according to the lawsuit.

The 67 companies named as defendants in the suit are A.O. Smith Corporation; Agco Corporation; Ajax Magnethermic Corp.; Allied Glove Corp.; American Optical Corporation; Aurora Pump Co.; Beazer East, Inc.; Borg-Warner Morse Tec, Inc.; Cameron International Corporation; CBS Corporation; Cleaver-Brooks, Inc.; Copes Vulcan, Inc.; Crown Cork & Seal Company, Inc.; Dana Companies, LLC; Deere & Company; Dravo Corp.; Eichleay Corp.; F.B. Wright Co.; Fairmont Supply Company; Federal-Mogul Asbestos Personal Injury Trust; FMC Corporation; Ford Motor Company; Foseco, Inc.; the Gage Company; Gardner Denver, Inc.; General Refractories Company; Georgia-Pacific, LLC; Goulds Pumps, Inc.; Grinnell, LLC; Hinchliffe & Keener, Inc.; Honeywell International, Inc.; IMO Industries, Inc.; Industrial Holdings Corporation; Ingersoll Rand Company; Insul Company, Inc.; ITT Corporation; I.U. North America, Inc.; M.S. Jacobs & Associates, Inc.; Mallinckrodt, LLC; McCarls, Inc.; McJunkin Redman Corp.; Metropolitan Life Insurance Company; Mine Safety Appliances Company; Minnotte Contracting Corp.; Navistar, Inc.; Oglebay Norton Company; Pfizer, Inc.; Power Piping Co.; Premier Refractories, Inc.; Reading Crane; Riley Power, Inc.; RT Vanderbilt Company, Inc.; Rust Engineering & Construction, Inc.; Safety First Industries, Inc.; the Sager Corp.; Spirax Sarco, Inc.; Sterling Fluid Systems (USA), LLC; Taco, Inc.; Tasco Insulation, Inc.; Trane US, Inc.; Union Carbide Corporation; Vimasco Corporation; Warren Pumps, LLC; Washington Group International; the William Powell Company; Yarway Corporation; and Zurn Industries, LLC. (wvrecord.com)