Asbestos News Roundup: 12.15.11

December 15th, 2011. 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 Alert for Christmas Decorations

Often people store Christmas decorations out of the way and the loft or attic space may seem like the perfect option. Many homeowners are not aware of the asbestos which may be present in their homes and that they could have unknowingly disturbed it when using loft or attic space as storage. Homes built before 2000 may contain asbestos as this was a very popular building material.

If you are unsure if asbestos presents a risk within your property, you should obtain a survey to identify its presence, and seek advice on any asbestos containing materials which they suspect may be present in your home. (industrytoday.co.uk)

Asbestos Law

Charleston, WV: A couple from Ravenswood have named 69 companies as defendants in their asbestos lawsuit, alleging the companies are responsible for Marcine Law’s lung cancer diagnosis.

Mr. Law was diagnosed on October 19, according to the lawsuit. Law and his wife, Mary Law, claim the 69 defendants failed to warn them of the dangers of asbestos exposure.

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

The 69 defendants named in the suit are: A.W. Chesterton Company; Atlas Industries, Inc.; Aurora Pump Company; BWIP, Inc.; Catalytic Construction Company; Caterpillar, Inc.; Clark Equipment Company; Cleaver-Brooks Company, Inc.; Columbus McKinnon Corporation; Copes-Vulcan, Inc.; Crane Company; Crown, Cork & Seal Co., Inc.; DeZurik, Inc.; Dravo Corporation; Eaton Electrical, Inc.; F.B. Wright Company; Flowserve US, Inc. F/K/A Durco International, Inc.; Flowserve US, Inc. F/K/A Flowserve FSD Corporation; FMC Corporation; Foster Wheeler Energy Corporation; General Electric Company; George V. Hamilton, Inc.; Goulds Pumps, Inc.; Grinnell Corporation; Hercules, Inc.; Honeywell International F/K/A Allied Signal, Inc.; Honeywell, Inc.; Howden Buffalo, Inc.; I.U. North America, Inc.; IMO Industries, Inc.; Inductotherm Industries, Inc.; Industrial Holdings Corporation; Ingersoll-Rand Company; ITT Corporation; Joy Technologies, Inc.; Lockheed Martin Corporation; McJunkin Corporation; Metropolitan Life Insurance Company; Morgan Engineering Systems; Ohio Valley Insulating Company, Inc.; Owens-Illinois, Inc.; P&H Mining Equipment, Inc.; Pettibone/Traverse Lift, LLC; Pneumo Abex Corporation; PPG Industries, Inc.; Premier Refractories, Inc.; Reading Crane and Engineering Company; Riley Power, Inc.; Rockwell Automation, Inc.; Rust Constructors, Inc.; Rust Engineering & Construction, Inc.; Schneider Electric USA, Inc.; State Electric Supply Company; Sterling Fluid Systems, LLC; Sunbeam Corporation; Surface Combustion, Inc.; Swindell Dressler International Company; Tasco Insulations, Inc.; the Alliance Machine Company; the Gage Company; UB West Virginia, Inc.; United Engineers & Constructors and Washington Group International; Viacom, Inc.; Viking Pump, Inc.; Vimasco Corporation; West Virginia Electric Supply; Yale Materials Handling Corporation; Yarway Corporation; and Zurn Industries, Inc. (WVRecord.com)

Asbestos News

Edwardsville, IL: Madison County Circuit Judge Barbara Crowder has said she will return $30,000 in campaign donations—donations which resulted in her being removed from her assigned asbestos cases in south-western Illinois.

Crowder was relieved of the asbestos cases Tuesday, and her cases were given to Associate Judge Clarence Harrison. The county’s chief judge, Ann Callis, says she transferred the cases away from Crowder, in consultation with circuit judges, “to maintain the public trust in a fair and unbiased judiciary.”

Crowder has denied any association between the contributions made by asbestos law firms and her decisions as the asbestos judge. (therepublic.com)

Asbestos Obituary

Sydney, Australia: Harold Hopkins, who appeared in several important Australian movies including Gallipoli, The Year My Voice Broke, Don’s Party, and The Club, passed away on December 10. According to reports, Hopkins had asbestos-related mesothelioma which caused his death.

Hopkins, who was 67, is supposed to have been exposed to asbestos right after finishing high school, while working as an apprentice carpenter sheeting asbestos in Queensland in the early 1960s. (altfilmguide.com)

Jersey Shore Bar Caught in Vodka Switch Scam

December 13th, 2011. By AbiK

Is it any wonder that New Jersey gets the rap it does—surely you saw the “revised” map of NJ that was going viral last week—when there are consumer fraud stories like this to report? Full disclosure: this is being penned in “Christie Country”, per the new map.

Our focus, however, for this gem is Brigantine, NJ—just north of Atlantic City.

It seems that the Laguna Grill and Martini Bar there had been serving up lower than top-shelf vodka in top-shelf vodka bottles. So, for example, maybe the label being poured was “Stoli” but the vodka hitting the glass was Popov. Or in this case, Burnett’s or Absolut. It’s a higher stakes version of the put-Catsup-in-a-Heinz-bottle scam that’s been the ruin of many a fine french-fry order.

Here’s the thing that makes this a stereotypically Jersey story. See, it’s not like any self-respecting bar-frequenting martini drinker has never heard of such a practice—that can happen anywhere. And, in a heavily trafficked bar such a thing can be mitigated by asking for a new bottle—it won’t go to waste, after all. So no—the fact that a vodka scam like this was going on is not, in and of itself, a Joisey moment. That honor is derived from the fact that these fools got caught—and caught badly!

If you’re going to scam straight-up vodka or vodka-based martini drinkers, you need to be a few steps ahead of them. And for heaven’s sake, don’t take your cues from Hansel and Gretel and leave a blatant trail—the object is to NOT be found.

According to CourierPostOline.com, not only did investigators—who searched the premises of Laguna Grill after a few tips—find a “large red funnel” in the bar storage area, but—and this is key—there was also a cardboard sign posted telling bar staff to save the empty bottles of top-shelf vodka brand.

That perhaps would’ve been enough of a trail to make investigators raise an eyebrow–but this gets better.

On the heels of denying any allegations of scamming customers with cheap vodka, Prudenzia “Maria” Pullella (backstory: she’s the bar manager, and the bar is owned by Dominic “Tony” Pullella, who happens to be a Brigantine Councilman—can’t make this sh*t up!)—another little discovery was made.

A little accounts receivable tracking revealed that, gee whiz, more top-shelf vodka was being sold than was being purchased! How could that be?

And so, Maria Pullella had a bit of egg on her face as the jig—jigger?—was up.

And now it’s penalty time. The beachfront Laguna Grill and Martini Bar will close for a seven-day period in the summer (high season! cha-ching!) and will also fork over a $23,000 fine. That’s a lot of vodka—top-shelf or not.

Asbestos News Roundup: 12.9.11

December 9th, 2011. 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 News

New York, NY: Parks officials in New York have secured $15 million in funding for the building demolition of the former Kings Park (N.Y.) Psychiatric Center grounds. The project could begin as early as May 2012. According to a recent article in the Long Island Times Beacon Record, seven of the buildings set for demolition have been condemned because they contain asbestos or are unsafe to enter. A state parks official said tanker trucks will be used to wet down the demolished structures in order to prevent the asbestos dust from becoming airborne.

Asbestos contamination is always a concern when older buildings are renovated or demolished. Although asbestos is recognized today as a carcinogen by most authorities, including the Environmental Protection Agency (EPA), it was widely used in construction and building materials in the U.S. through the 1970s.

East Flushing, NY: Residents of the Pomonok Houses project in Queens, NY, are facing the reality that their homes are seriously contaminated with asbestos. Built 60 years ago, Pomonok Houses contains asbestos in the building and insulation materials, which is constant cause for concern among the residents.

According to an article in the Queens Tribune, the building managers have attempted to cover-up the fact that asbestos is present in the floor tiles in the majority of the units. However, an exterminator who was called in to deal with bedbugs confirmed the presence of asbestos, and the secret was out, the tenants say. So far, no one has come forward to remedy the situation. (mesothelioma.com)

Asbestos Law

Vancouver, BC: Arthur Moore of AM Environmental will receive sentencing on January 23, 2012, after being found guilty of ignoring orders from WorkSafeBC and the B.C. Supreme Court to stop exposing “vulnerable” workers to asbestos.

According to a report in the Vancouver Sun, WorkSafeBC inspectors found Moore did not provide employees with protective clothing while they were demolishing homes with asbestos-contaminated drywall. Some of those employees were reportedly as young as 14 years of age. Moore continued to operate in this manner despite restraining orders from the B.C. Supreme Court.

A lawyer for the Workers’ Compensation Board told Justice Richard Goepel that Moore “contrary to the court’s order exposed workers as young as 14 to a life threatening substance.” He said WCB statistics on the effects of asbestos were unequivocal.” Asbestos kills. It was the leading killer of workers in B.C. in 2009, responsible for 44 per cent of all deaths arising from employment.” Moore could be looking at a jail sentence of between 6 and 12 months. (Vancouversun.com)

Asbestos-Containing Products Alert

Fife, Scotland: A news report by the Courier–out of Scotland– indicates that the popular Chinese lanterns used by many to celebrate weddings, birthdays and memorials contain asbestos. The lanterns were the recent subject of an intensive investigation after officials discovered the problem. A trading standards officer from Perth and Kinross told the paper, ”The lanterns were coated in a form of asbestos and appropriate enforcement action was taken immediately to prevent their sale to the public.”

The investigation traced the manufacturer to China, although names were not released. While significant efforts have reportedly been made to improve the safety of the paper lanterns, low quality Chinese lanterns remain available on the market in the UK that should not be for sale. They may also be for sale in other countries.

Yaz Scandal? Doc’s Accusations v. Bayer Unsealed, Revealed

December 7th, 2011. By AbiK

Admittedly, it lacks the titillating quality of Warren Commission Report—but it could, in its own right, be linked to what some plaintiffs would likely describe as murder, and also conspiracy theory.

Earlier this week, expert opinion regarding Yaz birth control was unsealed in a federal court in Illinois. The expert opinion was in the form of a 196-page document written by Dr. David Kessler.

What’s interesting—or take your pick of adjectives here: damning, alarming, scandalous—is that Dr. Kessler’s report point-blank accuses Bayer of hiding critical data regarding Yaz’ blood clot link (the basis for numerous Yaz lawsuits right now).

According to Kessler’s conclusion, “By failing to disclose all thromoembolic event risk information and marketing Yaz and Yasmin off-label, Bayer needlessly exposed large numbers of women to risks of serious or fatal thromboembolic events.”

Kessler’s accusation of failure to disclose comes as a result of his claim that, in 2004, Bayer wrote a white paper draft—the white paper being what would ultimately be submitted to the FDA for review—that initially stated that Yasmin had a “several-fold” increase in DVT (deep vein thrombosis), pulmonary embolism and VTE (venous thromboembolism) when compared with three other commonly used birth control pills.

That was the draft version.

The version that Kessler states was submitted, according to Medpage Today, said, “The spontaneous reporting data do NOT signal a difference in VTE rates for Yasmin and other [oral contraceptive] uses. We see NO signal of a difference.”

Key to those edits, according to Kessler’s accusations, is that there was no additional data presented by Bayer to support the 180-degree turnaround in their conclusion.

According to MedPage, Kessler went on to state “…that Bayer presented a selective view of the data, and that presentation obscured the potential risks associated with Yasmin.”

Compounding this is Kessler’s assertion that Bayer extensively marketed Yaz off-label for PMS—for which Bayer did get a wrist-slap fine—but the aggressive marketing, it’s alleged, exposed a greater number of women to the potential risks of the drug.

The unsealing of the Kessler report comes mere days before the FDA Reproductive Health Drugs Advisory Committee is to meet. Their agenda: the risks and benefits of oral contraceptives that contain drospirenone (including Yaz, Yasmin, Ocella, Safyral). LawyersndSettlements.com has reported extensively on drospirenone-based birth control and its link to DVT and VTE.

Is a new warning label in the offing? Stay tuned.

Matco Tools, TD Bank Franchise Class Action Lawsuit: Something Screwy?

December 6th, 2011. By AbiK

Here’s a scenario: it’s 2008. You’ve lost your job. The economy sucks. Jobs are few. You’d love to be in business for yourself—if only the right opportunity were there. And there it is—bingo! A Matco Tools franchise!

Franchising has always had its allure—just invest upfront, play by the rules, and watch the money roll in. Sounds like a no-brainer. Assuming the franchise is a successful one.

And therein lies the rub of the Matco Tools class action lawsuit that’s been filed. TD Bank’s also in on this one—as a defendant.

The lawsuit, filed by David Villano III and his father, David Villano, Jr., alleges that Matco Tools and TD Bank (Commerce Bank at the time—TD Bank has since acquired Commerce) conspired to make Matco Tools franchise opportunities appear a bit rosier than perhaps they really are. The idea, the lawsuit claims, was that by inflating the appearance of Matco’s annual performance projections, lenders would approve small business loans, allowing the sale of the franchise to the franchisee.

Only thing was, the class action lawsuit claims, that the soon-to-be-franchisees weren’t shown those inflated projections—and so they received their loans and set off to start what they thought was a viable business. Hell, if the bank loaned the money, it must be viable, right? However, according to the lawsuit, that business was destined to fail and the money never should’ve been lent in the first place. Financial fraud? Where have we heard that before…?

According to an article that ran in the New York Post a while back, loans to Matco franchisees had a default rate of 37 percent in 2004. That compares to an eleven-year average Small Business Administration (SBA) loan default rate of 11.64% according to a study done by the Coleman Report. Something seem a bit screwy? (forgive the tool pun…)

Ahh, but you ask, wouldn’t the bank have raised a red flag or denied the loan? Well, here’s the thing—small business loans are granted by SBA-approved lenders who in turn receive an SBA guarantee on the loan in the event of default. Bottom line: if the loan then defaults, the lending bank can recoup its losses up to the amount of the SBA guarantee. Not a bad deal, eh?

And for Matco, the allegations would mean they could simply re-sell the franchise once the initial franchisee defaulted.

So, the bank would allegedly reap the interest paid on the loan prior to default—with minimal risk, and Matco would allegedly get to basically flip its franchises.

And, if you’re one of those franchisees caught in the middle of it all, that just might make you flippin’ mad.

So franchise, business and estate attorneys Marks & Klein are representing the plaintiffs, and the class action has been filed. Stay tuned.