Asbestos News Roundup: 11.10.11

November 10th, 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 Lawsuit

Charleston, WV: The widow of Mr. Henry H. Bowling has filed an asbestos lawsuit naming 105 companies as defendants. In her lawsuit, Mrs. Patricia B. Bowling claims the companies are responsible for her late husband’s esophageal cancer and resulting death.

Henry Bowling was diagnosed with esophageal cancer on May 7, 2010, and subsequently died on October 21, 2010, according Mrs. Bowling.

Mrs. Bowling’s asbestos lawsuit alleges that the 105 defendants exposed her husband to asbestos and/or asbestos-containing products during his career as a laborer and crane operator at Armco Steel from 1968 until 1996.

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

The 105 defendants named in the asbestos lawsuit are: 3M Company; 4520 Corporation, Inc.; A.K. Steel Corporation; A.W. Chesterton Company; Ajax Magnethermic Corporation; Aker Kvaerner, Inc.; Amdura Corporation; Aurora Pump Company; Borg-Warner Corporation; Brand Insulations, Inc.; BWIP, Inc.; Bucyrus International, Inc.; Buffalo Pumps, Inc.; Caterpillar, Inc.; Certainteed Corporation; Clark Equipment Company; Cleaver Brooks Company, Inc.; Columbus McKinnon Corporation; Copes-Vulcan, Inc.; Crane Company; Crown, Cork & Seal USA, Inc.; Dezurik, Inc.; Dow Chemical Company; Dravo Corporation; Durabla Manufacturing Company; Eaton Electrical, Inc.; Fairmont Supply Company; F.B. Wright Company; Flowserve US, Inc. f/k/a Flowserve FSD Corporation f/k/a Durametallic Corp.; Flowserve US, Inc. f/k/a Durco International, Inc.; FMC Corporation; Ford Motor Company; Foseco, Inc.; Foster Wheeler Energy Corporation; Gardner Denver, Inc.; General Electric Company, Inc.; General Refractories Company; Geoge V. Hamilton, Inc.; Georgia Pacific; the Gorman-Rupp Company; Goulds Pumps, Inc.; Grinnell Corporation; Honeywell International f/k/a Allied Signal, Inc.; Honeywell International, Inc.; I.U. North America, Inc.; IMO Industries, Inc.; Industrial Holdings Corporation; Inductotherm Industries, Inc.; Ingersoll-Rand Company; Insul Company, Inc.; ITT Corporation; J.H. France Refractories; Joy Technologies, Inc.; Kelsey-Hayes Company; Lockheed Martin Corporation; Manitowoc Cranes, Inc.; McJunkin Corporation; Metropolitan Life Insurance Company; Morgan Engineering Systems, Inc.; Mueller Steam Specialty; NACCO Materials Handling Group, Inc.; Nagle Pumps; Navistar, Inc.; National Service Industries, Inc.; Nitro Industrial Coverings, Inc.; Oakfabco, Inc.; Oglebay Norton Company and its division Ferro Engineering; Ohio Valley Insulating Company, Inc.; Peerless Pumps; Pneumo Abex Corporation; Premier Refractories, Inc.; Rapid American Corporation; Reading Crane and Engineering Company; Rhone-Poulenc AG Company; Riley Power, Inc.; Rockwell Automation, Inc.; Ross Brothers Construction Co.; Rust Constructors, Inc.; Rust Engineering & Construction, Inc.; Schneider Electric USA, Inc.; State Electric Supply Company; Sterling Fluid Systems (USA); Stockham Valves & Fittings; Sundyne Corporation; Superior Boiler Works, Inc.; Taco, Inc.; Tasco Insulations, Inc.; the F.D. Lawrence Electric Company; Thiem Corp.; UB West Virginia, Inc.; Union Carbide Chemical & Plastics Company; Uniroyal Holdings, Inc.; United Engineers & Constructors, Inc.; Viacom, Inc.; Vimasco Corporation; Warren Pumps, Inc.; Weil-McLain Company; West Virginia State Electric Supply; Westinghouse Air Brake Division of Trane U.S., Inc.; Westinghouse Air Brake and/or Wabco; WT/HRC Corporation; Washington Group International; Yale Materials Handling Corporation; Yarway Corporation; and Zurn Industries, Inc. (wvrecord.com)

Asbestos Settlement

New York, NY: A sizable settlement has been paid to the widow of a Montvale, N.J., man who died from peritoneal mesothelioma cancer. The settlement—reached midway through trial—was negotiated on behalf of the widow, Robin Veraldo.

The amount of the settlement was not disclosed, but the New York-based law firm described it as “substantial.”

Veraldo sued as executrix of the estate of her late husband, Randy Veraldo. He was 52 when he died in 2009, seven months after being diagnosed with peritoneal mesothelioma cancer, court records show.

According to those documents, Randy Veraldo was a parts handler at a Teterboro, N.J., warehouse from 1978-85. The job required him to unpack clutch plates delivered on a near-daily basis from various suppliers. The clutch plates were said to contain asbestos, a mineral once widely used in the U.S. as a cheap insulating material until it was found to cause mesothelioma cancer. (prweb.com)

Asbestos Hot Spot

Freeport, NC: The Rawleigh complex buildings, located at Spring Street and Liberty Avenue in the city of Freeport, are scheduled to undergo asbestos remediation beginning November 11. It’s anticipated that the work will continue through to February 2012.

The remediation will deal with the asbestos contamination of Rawleigh Buildings B, D and E sites. Because all the asbestos removal will take place in enclosed buildings, traffic and pedestrians are not expected to be impacted. The project is funded by the U.S. Environmental Protection Agency Brownfields Cleanup Grants. (The Journal-Standard.com)

Toothpaste Lawsuit over Blob Settles…so Who’s Got the Nurdle?

November 8th, 2011. By AbiK

The dramatic courtroom battle over toothpaste nurdle rights has reached its incredible denouement. Ok, maybe it wasn’t quite a made-for-tv courtroom drama, but yes, a confidential settlement has been reached between Colgate-Palmolive and GlaxoSmithKline in the trademark infringement case that centered on use of the nurdle—that curvy squeezed-out blob of toothpaste—in packaging and advertising.

You can read about—and see nurdle pics—the toothpaste nurdle lawsuit here (GlaxoSmithKline LLC v. Colgate-Palmolive Co, U.S. District Court, Southern District of New York, No. 10-05739).

So with Glaxo wanting to establish exclusive rights to use the nurdle along with the phrase “Triple Protection” (recall the 3 intertwined streams of red, white and blue toothpaste in their Aquafresh line), and Colgate wanting to ensure the use of its newer “Triple Action” swirl of toothpaste, both sides have agreed to settle—though, of course, it’s hush-hush.

Not to worry—just keep your eyes peeled on those Sunday paper coupon inserts and store shelves. Give it a few months—and see who using that nurdle and how.

Asbestos News Roundup: 11.3.11

November 3rd, 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 Lawsuit

Another asbestos lawsuit has been added to the growing list of cases in St. Clair County’s asbestos docket…

St. Clair County, IL: Kay Richter of Wisconsin has filed an asbestos lawsuit alleging the her recently deceased husband, Robert E. Richter Sr., lung cancer and recent death were caused by his exposure to asbestos-containing products throughout his career.

From 1964 until 1969 Robert E. Richter Sr. worked as a mechanic at Jones Auto Garage, from 1969 until 1978 he worked as a mechanic at Wunnicke Transfer Auto Garage, and from 1980 to 2000 he worked as a mechanic at Boscobel Track and Roller Auto Garage according to the lawsuit.

Mrs. Richter claims in her lawsuit that the defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for her husband’s safety. Consequently, and because of his disease, Robert E. Richter Sr. became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish. Moreover, he became prevented from pursuing his normal course of employment and, as a result, lost large sums of money that would have accrued, Mrs. Richter claims.

Ultimately, Robert E. Richter Sr., died from lung cancer on February 27, 2010, leaving his family without his support and society. Furthermore, Robert E. Richter Sr.’s next-of-kin incurred funeral and burial costs, according to the lawsuit.

In her five-count complaint, Kay Richter is seeking compensatory damages of more than $100,000, economic damages of more than $50,000 and punitive and exemplary damages of more than $50,000, plus other relief the court deems just. (Madisonrecord.com)

Asbestos Settlement

Juneau, Alaska: A settlement has been reached in a lawsuit against the state of Alaska that requires the state to pay for the replacement or repair of five schools, all in remote villages. The schools were old and require asbestos removal and upgrading in order to make them safe for use. The settlement marks the end of a 14-year old lawsuit against the state, and is expected to have far reaching effects.

According to a report in NewsMiner.com the terms of the settlement, which remain to be approved by a judge, require the “governor to seek legislative approval for funding five high-priority school construction projects in rural Alaska over the next four years. Estimates have put the cost of the projects, which include school renovations and replacements, at nearly $146 million.” The lawsuit’s plaintiffs, which includes parents, reserves the right to reopen the case if funding isn’t provided as described in the agreement. (Fairbanks Daily News-Miner.com)

Asbestos Hot Spots

Chicago, IL: Asbestos has been found in several classrooms at the Sunny Hill Grade School in Carpentersville, and students at an elementary school in Barrington Unit District 220 are being temporarily relocated.

Officials say the asbestos was “most likely” not airborne and students were not exposed to it. The asbestos was discovered by work crews who were removing white boards in the classrooms. The workers spotted the glue-based asbestos late last week. (Chicagotribune.com)

DIY Legal Help: Do you Really Need a Lawyer?

November 3rd, 2011. By AbiK

LawyersandSettlements.com receives a lot of inquiries asking whether or not it’s really necessary to obtain a lawyer if you’re trying to file a lawsuit. Pleading Ignorance is responding to all those questions and the answer is…yes, and no. But there’s a very simple and basic “litmus test” you can try to help you figure out what—or who—you need..

One way to help determine whether you’d benefit from having a lawyer is to consider how much is in it for you. Now, that might sound a bit opportunistic, and to some degree it is—but it’s also the reality of most personal injury lawsuits: someone’s been injured, someone caused the injury, and damages will be due. The question everyone wants the answer to is “how much?”

While you won’t be able to gauge exactly how much you might receive in damages—nor will anyone else until your case unfolds–you probably will have an estimate of what your out-of-pocket expenses have been for things like medical care, physical therapy, car repairs, lost wages…things like that. Once you add those up so you have a rough estimate (keeping in mind it will most likely not include everything you might be able seek damages for in an actual lawsuit), your next step is to visit your state’s Small Claims Court information center to find out what the maximum damages your state allows are—that’s the maximum you’d be allowed to recover in Small Claims Court.

If your expenses, as a result of the harm or injury done to you or your property, exceed your state’s maximum allowed damages in Small Claims Court, chances are you’ll need to consider a formal civil lawsuit, which in most instances will require a lawyer. Formal civil lawsuits need to follow civil procedure (i.e., “Rules of Civil Procedure”), and that process tends to be a bit (ok, a lot) more complicated for most folks. So if you’re seeking to recover damages that exceed what you’d potentially recover from Small Claims Court, an attorney can help you navigate the process and the filing of all the necessary forms and paperwork.

The following is a list of links for each state’s Small Claims Court information:

• Alabama Small Claims   
• Alaska Small Claims
• Arizona Small Claims
• Arkansas Small Claims
• California Small Claims
• Colorado Small Claims
• Connecticut Small Claims
• Delaware Small Claims
• District of Columbia (Washington D.C.)  Small Claims
• Florida Small Claims
• Georgia Small Claims
• Hawaii Small Claims
• Idaho Small Claims
• Illinois Small Claims
• Indiana Small Claims
• Iowa Small Claims
• Kansas Small Claims
• Kentucky Small Claims
• Louisiana Small Claims
• Maine Small Claims
• Maryland Small Claims
• Massachusetts Small Claims
• Michigan Small Claims
• Minnesota Small Claims
• Mississippi Small Claims
• Missouri Small Claims
• Montana Small Claims
• Nebraska Small Claims
• Nevada (Las Vegas) Small Claims
• New Hampshire Small Claims
• New Jersey Small Claims
• New York Small Claims
• North Carolina Small Claims
• North Dakota Small Claims
• Ohio Small Claims
• Oklahoma Small Claims
• Oregon Small Claims
• Pennsylvania Small Claims
• Rhode Island Small Claims
• South Carolina Small Claims
• South Dakota Small Claims
• Tennessee Small Claims
• Texas Small Claims
• Utah Small Claims
• Vermont Small Claims
• Virginia Small Claims
• Washington Small Claims
• West Virginia Small Claims
• Wisconsin Small Claims
• Wyoming Small Claims

If after reviewing the expenses associated with your injury you conclude that the damages you’re seeking would be more than what your state Small Claims Court allows, you can submit a complaint for an attorney to review here.

For additional state legal news and information, visit our State Law Pages.

Wal-Mart Sex Discrimination Class Action: Slice, Dice and Onward Ho

October 27th, 2011. By AbiK

Close to 80% of you who voted in our poll that asked, “Did the Wal-Mart women have a case?” responded in the affirmative. Clearly, you disagreed with the US Supreme Court after it determined that the original class action lacked a cohesive enough group of plaintiffs (i.e., a “class”) with similar circumstances.

Well, as the saying goes, hell hath no fury like a woman scorned—and sure as shootin’ there are still some mighty ticked off former female Wal-Mart employees who aren’t wanting to just let it ride. Their attorneys aren’t backing down either. They’re just moving on to plan B.

Plan B in this case is to slice and dice the original class action lawsuit—which was nationwide–into smaller regional sex discrimination cases. The first case has just been filed in California—so a heads up to the estimated 45,000 or so current and former California Wal-Mart workers: this is one to watch.

The new smaller lawsuits still allege Wal-Mart discriminated against female employees by paying them less than their male counterparts, and by promoting women less often.

Stay tuned.