Asbestos News Roundup: 3.15.12 – Asbestos Lawsuit & Settlement News

March 15th, 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

St. Louis, IL: Dennis and Cindy J. Conlogue are suing 22 defendant corporations in their recently filed asbestos lawsuit. Dennis Conlogue developed lung cancer after working as a union carpenter in Michigan from 1972 until 2004 and as a member of the U.S. Army from 1970 until 1972, according to his asbestos lawsuit.

As a result of his asbestos-related disease, Dennis Conlogue became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish, the lawsuit states. In addition, 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.

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

In their eight-count complaint, the Conlogues are seeking compensatory damages of more than $25,000, actual and compensatory damages of more than $75,000, aggravated damages of more than $25,000 and punitive and exemplary damages of more than $25,000, in their asbestos lawsuit. (madisonrecord.com)

St. Louis, IL: George and Charlotte Moreland filed a lawsuit against 115 defendant corporations. Mr. Moreland developed mesothelioma after he was exposed to asbestos fibers during his career as a laborer at Benny’s Auto Sales in Rolla, Mo., from 1963 until 1964, as a laborer at Shorty’s Marathon in Dayton, Ohio, in 1964, as an apprentice bricklayer at Scruggs and Jolly Construction Co. in Cincinnati, Ohio, from 1966 until 1970, as a member of the U.S. Air Force from 1966 until 1970, as a laborer at Union Electric in 1970 and as a laborer at Sprint/United Telephone in Kansas City, Mo., and Overland Park, Kan., from 1971 until 2009.

The Morelands allege George became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish as a result of asbestos mesothelioma. Furthermore, Mr. Moreland was unable to work, and, as a result, lost large sums of money that would have accrued to him, the lawsuit states.

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

In their 12-count complaint, the Moreland are seeking a judgment of more than $50,000, compensatory damages of more than $50,000, punitive and exemplary damages of more than $50,000, actual and compensatory damages of more than $100,000, economic damages of more than $150,000 and other relief the court deems just.(madisonrecord.com)

St. Louis, IL: Further to their mother’s death from lung cancer, Ervin Norful Jr., Connie McCall, Pat Coleman, James Norful, Steve Norful, Mary Hawkins and Kim Norful filed a lawsuit against 44 defendant corporations.

In their complaint, the Norful family alleges that the defendant companies caused Rodessa Norful to develop lung cancer after her exposure to asbestos-containing products throughout her career as a laborer at Bussmann Manufacturing Company from 1969 until 1980s.

As a result of her asbestos-related disease, Rodessa Norful, became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish, the complaint says. In addition, she became prevented from pursuing her normal course of employment and, as a result, lost large sums of money that would have accrued to her, her family claims. Because of Rodessa Norful’s death, her family has incurred funeral costs and has been deprived of her support and society.

Rodessa’s family claim the defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for their mother’s safety.

In their six-count complaint, the Norful family is seeking actual and compensatory damages of more than $50,000, and punitive and exemplary damages of more than $100,000, plus other relief the court deems just. (madisonrecord.com)

St. Louis, IL: An asbestos lawsuit filed by Debra Payne, Jordan Foster, Dawn Browning, Kevin Payne, Derek Payne and Erik Payne names 47 companies as defendants, alleging those companies were negligent in their exercising reasonable care and caution for their father’s safety.

In their lawsuit, the Payne family claims Allen Payne developed lung cancer after he was exposed to asbestos fibers during his work as an assembly line worker at General Motors in St. Louis in 1966 and from 1971 until 1985 and as an aircraft carrier for the U.S. Navy from 1966 until 1971.

As a result of his asbestos-related disease, Allen Payne became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish, the lawsuit states. In addition, he was unable to continue his normal course of employment and, as a result, lost large sums of money that would have accrued to him, the lawsuit states.

As a result of Allen Payne’s death, his family has incurred funeral costs and has been deprived of his support and society.

In their eight-count complaint, the Payne family is seeking a judgment of more than $50,000, compensatory damages of more than $100,000, punitive damages in an amount sufficient to punish various defendants and to prevent them from committing similar acts in the future, aggravated damages of more than $25,000, punitive and exemplary damages of more than $25,000 and actual and compensatory damages of more than $100,000. (madisonrecord.com)

Asbestos News Roundup: 3.8.12 – Asbestos Lawsuit & Settlement News

March 8th, 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

St. Louis, IL: Bonnie Lemoine, Christie Leblanc and Melodie Lalonde, the wife and children of the late Gerard Lemoine, have filed an asbestos lawsuit naming 47 defendant companies.

In their asbestos lawsuit, the plaintiffs allege Gerard Lemoine developed lung cancer after working as an electrician for the U.S. Navy from 1955 to 1976, and as an electrician for ODECO in New Orleans from 1976 until 1991.

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

Lemoine’s relatives allege that Gerard Lemoine became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish, as a result of his asbestos-related lung cancer. Furthermore, he was unable to pursue his normal course of employment and, as a result, lost large sums of money that would have accrued to him. And, his family further allege that as a direct result of Mr. Lemoine’s death, they have incurred funeral costs and have been deprived of his support and society.

Gerard Lemoine’s relatives are seeking a judgment of more than $50,000, compensatory damages of more than $150,000, punitive damages in an amount sufficient to punish various defendants and to prevent them from committing similar acts in the future, actual and compensatory damages of more than $50,000, aggravated damages of more than $25,000 and punitive and exemplary damages of more than $25,000. (madisonrecord.com)

St. Louis, IL: John Williams Jr. and Bernice P. Williams are suing 39 defendant corporations. In their complaint, the Williamses allege the defendant companies caused John Williams Jr. to develop long cancer after his exposure to asbestos-containing products at work.

From1957 to 1990, Williams worked as a maintenance worker, carpenter and aircraft sheet metal mechanic at various locations in Missouri and California. It was during this time that, he claims, he was exposed to asbestos.

As a result of his subsequent asbestos-related disease, the lawsuit states, John Williams Jr., became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish. Further, he was unable to pursue his normal course of employment and, as a result, lost large sums of money that would have accrued to him, he claims.

The Williams are seeking actual and compensatory damages of more than $100,000, and punitive and exemplary damages of more than $25,000, plus other relief the court deems just. (madisonrecord.com)

St. Louis, IL: Larry and Barbara Buckelew have filed an asbestos lawsuit naming 49 defendant corporations.

In their complaint, the Buckelews allege Larry Buckelew developed lung cancer after being exposed to asbestos fibers during the course of his work as an electrician at Climatrol in Decatur, Al, from 1962 until 1972, as an electrician at Davis and Daniel Construction in Albany, GA, from 1973 until 1974 and from 1976 until 1977, as an electrician at Brown and Root in Decatur, Al, as an electrician at TVA in Scotsboro, Al, from 1988 until 1991, as an electrician at Bamsi from 1985 until 1986, as an electrician at 3M Decatur from 1987 until 1988, as an electrician at Stone and Webster from 1991 until 1996 and as an electrician at Cullier Electric from 1996 until 2001.

The Buckelew’s claim the defendants should have known of the harmful effects of asbestos. Instead, they claim, the defendants failed to exercise reasonable care and caution for the Mr. Buckelew’s safety.

As a result of their asbestos-related diseases, Larry Buckelew alleges he became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish. Moreover, he was unable to work and, as a result, lost large sums of money that would have accrued to him.

The Buckelews are seeking a judgment of more than $50,000, compensatory damages of more than $150,000, punitive damages in an amount sufficient to punish various defendants and to prevent them from committing similar acts in the future, economic damages of more than $150,000, punitive and exemplary damages of more than $25,000 and actual and compensatory damages of more than $50,000. (madisonrecord.com)

Beauty Blemish: Avon et al Piss Off PETA, Face Class Action Lawsuit

March 6th, 2012. By AbiK

You’d think Avon would have enough on its vanity right now with those alleged Avon bribery charges in overseas markets and that CEO search they’ve got going on. But, in true hit-’em-when-they’re-down fashion, Avon—along with Mary Kay and Estee Lauder—has just been hit with class action charges—for deceptive and misleading conduct in “marketing, selling, promoting and distributing cosmetic products in the United States”.

More specifically, the newly filed class action is going after the makeup companies’ ‘no animal testing’ claims. (Before we go on, please note, no animals were harmed in the photoshopping of the above image.)

The false advertising class action lawsuit was filed by lead plaintiff Marina Beltran (Beltran et al. v. Estee Lauder, et al., United States District Court – Central District of California, Case No. SA12-CV312 CJC (ANX)) on February 28, 2012. Beltran and her co-lead plaintiffs claim Avon, Estee Lauder and Mary Kay engaged in animal testing on their products even though they advertised that they were “cruelty-free”. The court documents also state that the beauty companies conducted animal testing in order “sell products in China and other foreign countries, thereby reaping hundreds of millions of dollars in sales.” (Wait a minute—China? Wasn’t China the major focus of that Avon bribery investigation?)

The filed court documents state that the “Defendants later purported to disclose, at least on their websites, that they in fact were animal testing, but the disclosures were wholly inadequate and deceptive.”

Not one to sit on the sidelines where animal cruelty is concerned, PETA (People for the Ethical Treatment of Animals) has kicked the companies off its “cruelty free” list, though I imagine that for Avon, that downgrade hasn’t had quite the same sting as the downgrades given to AVP stock by some analysts recently. When it rains, it pours.

Actually, the PETA downgrade is key to the animal testing class action—the court documents state that because Avon, Estee Lauder and Mary Kay had been granted a cherished spot on PETA’s “cruelty free” list, the companies benefited financially—i.e., customers who proactively sought out cosmetic products that were not tested on animals would refer to PETA’s list and patronize those companies on the list.

It’s estimated that the class size for this one is in excess of 1,000,000 members—and the makeup company animal testing class action lawsuit is seeking compensatory damages of $100M.

Naked Cowboy Stripped of Trademark Lawsuit Claim

March 5th, 2012. By AbiK

The Naked Cowboy trademark lawsuit has been given the boot.

Not familiar with the Naked Cowboy? He’s an ‘only in New York’ (nod to NY Post columnist Cindy Adams) institution. Though he hails from Ohio, he hangs out in the heart of Times Square donning only a cowboy hat and a pair of briefs—oh, and cowboy boots, though those typically reside outside of an onlooker’s range of focus. He also carries an acoustic guitar that he does, indeed, play.

He’s been doing his solo act in the heart of the city since 1997, and clearly he’s made not only a name for himself but apparently a living (and a following—he threw his cowboy hat in the ring as a 2012 US Presidential candidate). So much so, he’d trademarked his “Naked Cowboy” moniker—back in 2002. And, it goes without saying, once you’ve got a trademark, you’re going to protect it against trademark infringement.

So, when the Naked Cowboy became aware that the CBS soap opera “The Bold and the Beautiful” character, Oliver, appeared on the show that aired November 1, 2010 in a cowboy hat, cowboy boots and briefs and that he played a song on a (guess what?) guitar, well, the Naked Cowboy noticed some similarities.

There were differences, too—the Oliver character did not have “Naked Cowboy” written all over his guitar or on his cowboy hat.

Additionally, a clip of the scene was posted—by CBS—on CBS’ YouTube channel. The clip had the descriptive title “The Bold and the Beautiful – Naked Cowboy”. And, “naked” and “cowboy” were tags on the clip. CBS also bought adword advertising for the phrase “naked cowboy” on YouTube.

In order for the Naked Cowboy trademark infringement lawsuit to go ahead, the cowboy would’ve had to establish that not only did he had the valid registered trademark (he does) but that the trademarked name was used by the defendant for commerce and in connection with the sale or advertising of goods or services without the plaintiff’s consent.

The defendant’s use of the trademark would also have to be likely to cause confusion regarding the relationship between the plaintiff and the defendant—for example, did it appear as though the Naked Cowboy (the real one) had sponsored or approved the use of a naked cowboy on the soap?

While the Naked Cowboy could clearly establish that he owned his own trademark, the court did not find that CBS had used the trademarked name for commerce; and, in terms of the adwords, the court deemed that while CBS did purchase the adwords, it did not place the words on any products or goods so, in effect, buying the adwords did not constitute commerce either.

The court also found that given the differences in the costumes of the Times Square-based Naked Cowboy and the naked cowboy on “The Bold and the Beautiful”, there is no likelihood of confusion.

All remaining charges of the trademark infringement lawsuit were also dismissed. And with that, the Naked Cowboy is left to tip his hat and head back to his urban frontier at the corner of 46th and Broadway.

For more, read the court opinion here.

Asbestos News Roundup: 3.1.12

March 1st, 2012. By AbiK

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

St. Clair, IL: Ex-navy man Robert Drzymala and his wife Nancy filed an asbestos lawsuit in February, naming 63 defendant corporations which, they allege, caused Robert Drzymala to develop asbestos-related lung cancer through the course of his work for those companies.

According to the lawsuit, Robert Drzymala worked as a deckhand aboard the U.S.S. Demoise for the U.S. Navy at the Great Lakes Naval Station in Illinios from 1958 until 1964. He also worked as a laborer at Atlas Plastics from 1964 until 1972, as a laborer performing side jobs such as carpentry, siding and roofing from 1964 until the late 1970s and as a pattern maker at Buffalo Forge from 1966 until 1992.

In his lawsuit, Robert claims the defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for his safety.

As a result of his asbestos-related disease, Robert Drzymala became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish, the lawsuit states. Furthermore, Robert claims 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.

The Drzymalas are seeking a judgment of more than $100,000, compensatory damages of more than $100,000, economic damages of more than $150,000 and punitive and exemplary damages of more than $100,000, plus other relief the court deems just. (madisonrecord.com)

St. Clair, IL: Tommy Dickerson, who developed asbestos-related lung cancer, has filed an asbestos lawsuit, with his wife, Ruth Ann Dickerson, naming 63 defendant corporations, The Dickersons allege Tommy developed lung cancer after his exposure to asbestos products during his career as a mechanic and military policeman from 1961 until 1964, as an assembly line worker at Ford Motor Company in Chicago from 1964 until 1966, as an equipment operator at Clement Brothers Construction from 1966 until 1968, as a dock worker at Pacific Intermountain Express in Chicago from 1968 until 1970, as an equipment operator at Anaconda Copper Mine from 1970 until 1973, as a carpenter from 1973 until 1976, as a coal miner at Harrison Construction from 1976 until 1987, as an equipment operator at Buesing Construction from 1987 until 1988, as owner and operator of Dickerson Mobile Home Services from 1991 until 2003 and as a self-employed truck operator at TC Trucking from 2004 until 2012.

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

As a result of his asbestos-related disease, Tommy Dickerson became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish, the lawsuit states. Furthermore, Dickerson claims 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.

The Dickersons are seeking a judgment of more than $100,000, punitive and exemplary damages of more than $100,000, economic damages of more than $150,000 and compensatory damages of more than $100,000, plus other relief the court deems just. (madisonrecord.com)

St. Clair, IL: Howard Basso Sr., who worked at American Motors from 1947 until 1978 and as a caretaker at Radar Base from 1980 until 1981, has filed an asbestos lawsuit with his wife, Louise, naming 60 defendant corporations. The Basso’s allege that Howard developed lung cancer resulting from his exposure to asbestos products as a result of exposure to the lethally toxic mineral during his career as a welder/foundry worker. He claims the defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for the his safety.

As a result of his asbestos-related diseases, Howard Basso Sr. became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish, the lawsuits state. Furthermore, he claims 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.

The Bassos are seeking a judgment of more than $100,000, punitive and exemplary damages of more than $100,000 and compensatory damages of more than $100,000. (madisonrecord.com)