Asbestos News Roundup: 9.29.11

September 29th, 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 Lawsuits

St. Clair County, IL: Craig Hirsch filed an asbestos lawsuit naming 41 defendant companies, who, he alleges, caused him to develop lung cancer after his exposure to asbestos-containing products.

Throughout his career Hirsch worked as a boiler tender for the U.S. Navy at the Chicago Training Center in Chicago from 1960 until 1962, as an operator at Ford Motor Co. from 1964 until 1966, as a repairman and operator at Ford Motor Co. from 1964 until 1966, as a repairman and operator at Detroit Diesel in Michigan from 1965 until 1983 and as a pipefitter for Consumers Power in Michigan in 1969, according to his lawsuit.

Hirsch claims that the defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for his safety. Consequently, he developed asbestos-related diseases, became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish, the lawsuit states. Moreover, 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 plaintiffs claim.

In his five-count complaint, Hirsch is seeking a judgment of more than $50,000, plus punitive Read the rest of this entry »

Asbestos News Roundup: 9.23.11

September 23rd, 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 Lawsuits

Jefferson County, TX: The widow and children of a man who recently died after developing pulmonary asbestosis, have filed an asbestos lawsuit alleging that John Dixon Sr., developed the illness and died as a result of spending a career working around products that contained asbestos.

Agnes Dixon, Jane Lampman, Molly Abshier and John Dixon Jr. filed a lawsuit against E.I. Dupont De Nemours and Company, Tin Inc. formerly known as Temple Inland Forest Products, Tin Inc. formerly known as Temple-Eastex, Inland Paper Board and Packaging, Temple Inland, Inland Container, Inland Orange and Owens Illinois.

They allege John Dixon Sr., was exposed to asbestos dust and fibers throughout his career at DuPont and Owens Illinois. As a result, he developed pulmonary asbestosis and died on Sept. 20, 2010. Dixon’s widow and children also allege that the defendants negligently failed to warn workers of the dangers of asbestos exposure. In their complaint, the plaintiffs seek exemplary and punitive damages, plus damages and court costs. (SETexasrecord.com)

Asbestos Settlements

Libby, MT: People suffering from asbestos-related illnesses including asbestosis and mesothelioma have been awarded a $43 million settlement by a judge in Montana. The people were made ill as a result of their exposure to asbestos from the infamous W.R. Grace asbestos mine in Libby, Montana. Reports indicate that a large part of the settlement will be paid by Warren Buffett’s Berkshire Hathaway.

The settlement resolves a lawsuit filed against the state and the mine by former miners and their families who accused the state of failing to properly oversee the mine or warn workers of dangers there. Miners had originally sued W.R. Grace but after the company filed for Chapter 11 bankruptcy in 2001, they sued the state for failing to adequately protect them, court documents state.

Some 1,400 people are expected to receive payouts from the settlement, which was approved September 8, by Montana District Court Judge Jeffrey M. Sherlock, ending ten years of legal wrangling. However, while the settlement ends numerous cases and claims against Montana it “expressly reserves their claims against all other responsible parties,” according to the agreement.

Many of the victims of asbestos exposure from the Libby mine are now over 65, and others have since died of asbestos-related diseases such as asbestosis and cancers such as mesothelioma, records show. (Insurancejournal.com)

Los Angeles, CA: The family of Merlin Olsen, a Hall of Fame football player and actor, has reached a settlement in their asbestos lawsuit. Olsen’s family alleged in their suit that Olsen was exposed to asbestos-containing products throughout the course of his career working on construction sites, which he did in his youth. The lawsuit was filed against several asbestos companies that the family say caused the rare form of cancer Olsen developed late in life. The settlement includes 10 companies that made or used the asbestos-containing products.

A notice of settlement was filed by the attorneys for Olsen’s wife and children in Los Angeles. No further details were provided. Olsen, who was a member of the Los Angeles Rams “Fearsome Foursome” in the 1960s, died in March 2010 after losing his fight against asbestos mesothelioma. (Forbes.com)

Bought any Rice Krispies? There’s a Rice Krispies Class Action Settlement

September 22nd, 2011. By AbiK

Kellogg’s Rice Krispies—and Cocoa Krispies—cereals are the focus of a class action lawsuit settlement. Granted, the Class Period for this lawsuit isn’t all that long: it’s for Rice Krispies or Cocoa Krispies bought between June 1, 2009 and March 1, 2010. But, as any mom with school-age kids could tell you, between bowls at breakfast and the ever-popular Rice Krispies treats (homemade, of course), there’s a good chance that a lot of folks—including you—are part of the Class for this one.

So here’s the lowdown on the Kellogg’s Rice Krispies class action settlement…

What is the Kellogg’s Rice Krispies lawsuit about?

False advertising. How? The plaintiff claimed that Kellogg Company made claims about Rice Krispies’ and Cocoa Krispies’ supporting a person’s immunity system (see pic)—without having competent clinical evidence to support the claim. (Personally, I’d be seeking other ways to boost my immunity, but what do I know…). Kellogg denies any wrongdoing, however the company and Class Representatives agreed to settle to avoid the cost of a trial.

Who is part of the Kellogg’s Rice Krispies class action?

Anyone who purchased Rice Krispies or Cocoa Krispies in the US between June 1, 2009 and March 1, 2010 is considered part of the Class.

What will I get from the Rice Krispies settlement?

A settlement fund of $2.5 million has been set up. Claimants will share in the amount left over once attorney fees and an incentive award for Class Representatives have been paid from the settlement fund.

Accordingly, Class Members may then seek reimbursement of $5 per box purchased, up to a maximum of $15 (i.e., 3 boxes) per household. As is typical with class action lawsuits, the actual amount claimant receives will depend on how many valid claims are received for this class action. If valid claims exceed the amount of money available to pay them, then each award will be reduced pro rata.

What do I need to do to be included in the Rice Krispies settlement?

You need to fill out and submit a claim form by November 16, 2011. Proof of purchase is not required (but your honesty is).

For full details on the Kellogg’s Rice Krispies and Cocoa Krispies class action lawsuit, visit www.cerealadvertisingsettlement.com.

Amazon.com Warehouse Worker Complaints get Outed

September 20th, 2011. By AbiK

If a company pays to have private ambulances and paramedics on-site at its warehouse facility on hot days, does that tell you something?

I don’t know about you, but if I’m working there, it would tell me that there’s an added element of risk to my workday. Risk of things like heat exhaustion, heat stroke, heat cramps, heat rash…particularly, if I’m working at an Amazon.com warehouse where working conditions include long hours (8-12 hour days, sometimes with mandatory overtime) and, according to an Amazon.com Warehouse Associate-Picker job posting, I’m lifting up to 49 lbs of merchandise at a time.

Such conditions were the focus of a recent expose done by The Morning Call‘s Spencer Soper. The Morning Call interviewed a total of twenty current and former Amazon.com warehouse workers on working conditions at Amazon’s Breinigsville, PA warehouse. What Soper found out was a bit disturbing.

The worker allegations included accounts of:

• The heat index in the warehouse reaching 102 degrees on June 2, 2011 and 15 workers collapsing;
• The heat index hitting 110 degrees on the third floor of the warehouse;
• Workers being pressured to continue working and “make rate” (i.e., productivity levels) in extreme heat to avoid risk of job loss;
• Workers who were given ‘voluntary time off ‘ if the heat index exceeded 110 degrees—but who were subsequently given points—Amazon.com’s version of demerits that can add up over time to job loss—unless a doctor’s note was provided. (It’s reported that Amazon’s policy on this has now changed; workers who head home due to heat lose pay for the hours missed, but they do not get points).

Sounds like an employer-of-choice to me.

Being a bit jaded, I went over to Glassdoor.com to check out the employee (staff and contract) reviews of work life at Amazon.com. I scanned the warehouse- and distribution-related entries and found that the PA warehouse was not just a bunch of disgruntled workers—such gripes are seemingly pervasive at Amazon.com: Long hours. Pressure to make rate. Micro-managing. Mandatory overtime. Points. Continual churn of contract or temp workers who seek full-time status, but never get it.

So much for the “fun” work environment that Amazon’s (or actually, Integrity Staffing Solutions) job postings tout.

Needless to say, some Amazon workers had made complaints to OSHA. And, in fairness, according to The Morning Call article, Amazon’s Allen Forney—the PA site safety manager—has also reported to OSHA the heat-related incidents and how Amazon has responded to such incidents on days of excessive heat.

Forney stated in a letter to OSHA (6/13/11) that on 6/3/11, six “employees were treated at a local hospital ER for non-work related medical conditions triggered by the heat” (note the “non-work related”…CYA all the way). Of course, OSHA does require that employers must “Notify OSHA within 8 hours of a workplace incident in which there is a death or when three or more workers go to a hospital.”

Forney also notes that Amazon has put in place measures such as adding fans; installing heat index sensors in March that alert managers when the index rises above 90 degrees; and purchasing ‘2,000 cooling bandannas’ and cooling vests for workers. Managers also ‘walk the building’ to ensure workers get enough water. And, when the temperature is between 90 and 99 degrees, workers get an additional five minutes of break time; if the temp hits 100 to 114 degrees, workers ‘typically’ get a five-minute break every hour, and ‘heavier work’ gets moved to cooler times during the day. Gee, thanks.

Of note, it has to get to 115 degrees before, according to Forney, “the senior manager on duty will decide whether to close down the entire shift.” Yes, 115 degrees.

For the record, as fans seem to be a big part of the heat index management plan at Amazon.com, a quick visit over to the CDC (Centers for Disease Control and Prevention) provided this regarding use of fans for heat-related symptoms:

Electric fans may provide comfort, but when the temperature is in the high 90s, fans will not prevent heat-related illness. Taking a cool shower or bath or moving to an air-conditioned place is a much better way to cool off. Air conditioning is the strongest protective factor against heat-related illness. Exposure to air conditioning for even a few hours a day will reduce the risk for heat-related illness. Consider visiting a shopping mall or public library for a few hours.

The inclusion of OSHA in all this begs the question, “so what did OSHA do about it?”

OSHA issued recommendations. OSHA recommended that Amazon reduce warehouse temperatures and humidity, but OSHA did not provide the temperature at which the warehouse should be maintained. OSHA also recommended hourly breaks in a cool area, and informing workers and
supervisors of the actual heat index or temperature in order for them to increase
monitoring as it gets hotter, and to provide personal fans at each work station. (Didn’t I just quote the CDC as saying fans wouldn’t help in preventing heat-related illness? Go figure.)

So OSHA falls short of actually putting a stake in the ground as to what temperature is acceptable for safe working conditions—and as a result, I can’t help but put a little blame on OSHA’s shoulders. If you only follow what you’re being mandated to do, well… But common sense at the very least should prevail over at Amazon.com. When you need to hire ambulances and paramedics and park them right outside your warehouse (next the the break truck?)—that should tell you something. Likewise, when workers are passing out or leaving to go home or being carted off the the hospital, it should tell you something.

And in the interim, I have something to tell Amazon.com—that lovely air conditioning unit shown above cools up to a 4,000 square foot area—and it’s available on your own damn site for $8,295.

Attorney Chris Kitchel Goes to Kenya Pro Bono

September 20th, 2011. By BrendaC

Lawyers Giving Back looks at a side of lawyers you don’t hear too much about—the side that gives back…pays it forward..and shares the love. We’ve found quite a number of attorneys who log non-billable hours helping others—simply because they believe it’s the right thing to do. Their stories are inspiring, and hey, who knew lawyers were so…good? If you’ve got a story to share about an attorney who’s doing the right thing, let us know—we’d love to let others know, too. Today, we’re talking with Oregon Attorney Chris Kitchel of Stoel & Rives…

Attorney Chris Kitchel: “Rape is a way of life…and anyone who even tries to report a rape will be denigrated and called a “whore” or worse.”

Veteran trial attorney Chris Kitchel came away from two months as a volunteer lawyer in Kenya with, among other things, a fresh appreciation of the American justice system. “I have a renewed appreciation for our legal system, how valuable and precious it is and we as lawyers must continue to work hard to keep it a just system,” says Kitchel who has been a practicing trial lawyer for 31 years.

A partner in the firm Stoel & Rives, Kitchel decided to use her sabbatical to work with a group called Lawyers without Borders. Based in Hartford, Connecticut, Lawyers without Borders was established in 2000 to provide support for Rule of Law projects and human rights initiatives around the world using pro bono services of volunteer lawyers.

Kitchel heard about Lawyers without Borders for the very first time at a conference. When the Kenyan opportunity was put to her, this 61-year-old mother of three daughters, from a large Catholic family whose parents worked the night shift and stressed education to their children, jumped at the chance.

Kenya is a country of 40 million people, half are under the age of 18, the unemployment rate is 40 percent and its social and justice systems are racked by chaos and violence—much of the violence is perpetrated against women.

Kitchel wrote a daily blog describing her experiences with the Kenyan legal system, the people who run it and the people who find themselves before the courts.

“There are no trials, there are no juries,” says Kitchel. “Crimes are prosecuted by police prosecutors. They may call someone to testify, that person is cross-examined and they go on to the next case.”

“It may be months before that case comes before the judge again,” she adds. “If the judge changes, then the defendant has the right to continue with the new judge, or start all over again.”

“The records are kept at the courthouse and are supposed to be a verbatim hand-written record,” says Kitchel. “In many of the cases I went through I found just gibberish. It is just lines across the paper and there is nothing there that is usable for anyone to see what went on before.”

Lawyers without Borders asked Kitchel to look particularly at crimes against women. She found a sexually aggressive society where women of all ages and circumstances are vulnerable to sexual attacks and often with little recourse in the justice system.

“Rape is a way of life,” says Kitchel. Women from the Nairobi slums told Kitchel that reporting a rape is useless. “They said, ‘sure report it to the police, you are more likely to get raped by the police’.”

And anyone who even tries to report a rape will be denigrated and called a “whore” or worse adds Kitchel.

Changing the system in a two month tour, of course, is impossible. But Kitchel spent many hours with young female Kenyan lawyers, setting an example for them, talking about how the American system works and raising their hopes and expectations for the future.

“I come from a huge Catholic family in the midwest and my best hope was to marry well,” says Kitchel who grew up in the 1950’s and has benefited greatly from changing social conditions for women in America. “And my parents said education will set you free.”

Kitchel says her value to women in countries like Kenya with the Lawyers without Borders project lies “on a micro basis”. “It is not so much my experience as a trial lawyer, but as female lawyer coming up through a traditionally male structure.”

“I can talk about what kind of struggles and hurdles there are for them. I think that is the value—helping other women take a similar path—that’s how I can help them.”

Would she go again to another country where people are struggling in the justice system? You bet.

Chris Kitchel holds an M.B.A. from Portland State University and a J.D. from Northwestern School of Law at Lewis and Clark College. Her practice focuses on employment litigation and she is a highly sought-after speaker.