Asbestos News Roundup: 9.16.11

September 16th, 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: A man from Illinois has filed an asbestos lawsuit naming 58 defendant companies that he alleges, caused his father, Joseph Paskauskas, to develop asbestos mesothelioma, resulting in his recent death.

Raymond Paskauskas alleges that his father was exposed to asbestos-containing products throughout his career as a machine repairman at Pullman Standard from 1947 until 1954, as a machine repairman at Continental Foundry in Chicago from 1951 until 1953, as a machine repairman at General Motors Fisher Body from 1950 until 1951 and from 1954 until 1956, as a machine repairman at Ford Motor Company from 1956 until 1986 and as a shade tree mechanic from the 1950s until 1980.

As a result of his asbestos-related illness, Joseph Paskauskas became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish, the lawsuit states. Furthermore, as a result of his asbestos-related disease, Joseph was prevented from pursuing their normal course of employment and, as a result, lost large sums of money that would have accrued to them, Raymond Paskauskas Jr. claims.

Because of Joseph Paskauskas’s death, Raymond Paskauskas has been deprived of his family member’s love, services, companionship, comfort, instruction, guidance, counsel, training and support, according to the complaints.

Raymond Paskauskas is seeking economic damages of more than $200,000, punitive and exemplary damages of more than $100,000, compensatory damages of more than $100,000, punitive damages in an amount sufficient to punish the defendants and a judgment of more than $50,000. (madisonrecord.com)

St. Clair County, IL: Raymond R. Ridley filed an asbestos complaint against 28 defendant companies Read the rest of this entry »

Are You Part of Ford Spark Plug Class Action? Read on…

September 16th, 2011. By AbiK

 

The video above, which shows some broken Ford spark plugs–or more specifically, broken spark plugs from a 2004 Ford F150 Triton 5.4L V8–also shows what the recent Ford spark plug class action lawsuit is all about. A quick surf around the internet found that Ford owners who’ve had this problem have paid bills of a few hundred dollars to $750 to $4,500 and who knows how much more to get the spark plug problem fixed.

So what’s the deal with the Ford spark plug class action lawsuit? Here’s the lowdown…

Reason for Ford Spark Plug Class Action Lawsuit

The Ford spark plug lawsuit claims that spark plugs in certain Ford models break during replacement. As a result, broken pieces or fragments of the defective spark plugs get stuck in the cylinder head, which has led to expensive repair shop bills in order to remove the broken spark plug pieces and/or repair damage to engines. The Ford spark plug class action lawsuit is a defective product lawsuit.

Ford did issue a Technical Service Bulletin (08-7-6) in 2008 which provided instruction (11 pages!) on how to properly remove the spark plugs.

Ford Models included in the Ford Spark Plug Class Action Lawsuit

The “class” for this lawsuit would include owners of the following Ford, Lincoln and Mercury models:

Ford

• 2005-2008 Mustang
• 2004-2008 F-150
• 2005-2008 Expedition, F-Super Duty
• 2006-2008 Explorer
• F-53 Motorhome Chassis
• 2007-2008 Explorer Sport Trac

Lincoln

• 2005-2008 Navigator
• 2006-2008 Mark LT

Mercury

• 2006-2008 Mountaineer

To File a Ford Spark Plug Class Action Complaint

Fill out and submit your complaint form.

KFC Free Meal Class Action Settlement – Cash Payouts!

September 15th, 2011. By AbiK

Yes, cash payouts for the seemingly ages-old KFC free meal class action lawsuit—as opposed to coupons. Oh but that’s right, this class action lawsuit was about coupons…remember?

If you recall, we posted about the KFC lawsuit one over a year ago—when the class action was first announced. This is the one where KFC was promoting online coupons for a 2-piece chicken meal with 2 sides and a biscuit—all for free. And, if you recall, the free meal deal was announced on Oprah–which, as we all know, if Oprah says it, touts it, recommends it or sings its praises any other way, you damn well better have your supply chain buttoned up ’cause those orders will be a-comin’ in. And KFC has now learned that the hard way.

So something like 5.7 million people who had coupons were left hanging sans a chicken wing or two because KFC ran out of the free meals. Which led to the KFC “Oprah Promotion” Class Action (as it’s being officially referred to).

Here’s what you need to know to get in on this one…

Are you part of the KFC Free Meal Settlement that was on Oprah?

Yes, if you downloaded the KFC free meal deal coupon between May 5, 2009 (starting at 9:00 a.m. CDT) and May 6, 2009 (until 11:59 p.m. CDT) from Oprah.com or unthinkfc.com and you went to snag your free meal and you did not receive one—nor did you receive any other form of compensation like a “chicken check” or some form of compensation from another restaurant unaffiliated with KFC/Yum! Brands (aka, the defendants) that agreed to accept the KGC coupons.

Do I still need to have my coupon as proof in order to be part of the KFC Settlement?

Surprisingly, no. But–of course–you are expected to be honest (or risk perjury charges) and, as is typical with lawsuit settlements, the more proof you have, the greater the settlement amount.

How much will I get from the KFC Oprah Meal Settlement?

If you have…

• the original coupon (with a unique bar code ending in a number other than “1234”) and you complete and sign a claim form, your settlement amount is $3.99 for each original coupon submitted, up to a total of $15.96 per household
• a PDF coupon (with a generic bar code ending in “1234”) and you complete and sign a claim form, you’re entitled to $2.00 for each PDF coupon submitted, up to a total of $8.00 per household
• no longer have either an original coupon or a PDF coupon but you complete and sign a claim form, you’ll be entitled to receive $1.00 for each original coupon or PDF coupon you downloaded, up to a total of $4.00 per household.

That last one’s the scouts honor one–with the “under penalty of perjury” bit.

When do I have to submit my KFC Free Chicken Meal Settlement claim form by?

If you want to be part of the settlement (ie, “opt in”), you need to fill out and submit a claim form with the appropriate documents of proof by January 30, 2012.

To fill out a claim form and for full details, visit the claims administrator’s KFC Coupon Marketing Litigation Informational Website (in re Kentucky Grilled Chicken Coupon Marketing & Sales Practices Litigation).

White Castle 290 lb Craver Files Lawsuit to Sit

September 13th, 2011. By AbiK

Martin Kessman is, no doubt, a Craver—as in White Castle Craver. The type of guy for whom fast food is about the total all-in experience. So I envision his trips to White Castle completely titillate the senses—from inhaling the grease-laden air that greets him in the parking lot—sometimes with a hint of onion—to squinting at the back-lit menu behind the counter, while the blur of White Castle job agents (that’s what they’re called) provides a reassuring “we’re on it” to affirm his order will be up momentarily. Yes, it’s Martin Kessman’s zone. Or was. Until something shook the very core of his comfort at White Castle, and, he sued.

So now there’s this White Castle Lawsuit.

Here’s the deal. Martin Kessman likes White Castle burgers. In fact, it’s reported that he likes the “Sack Meal 2” (that oughta getcha salivatin’—Sliders in a Sack! That’s Sack Meal 2 shown above, coming in at over 1,000 calories.). But Kessman likes them not in a car, or a plane or a train—but INSIDE White Castle. And Kessman’s a big guy. He’s 290 pounds big. He needs a 290 pound-worthy place to sit and enjoy his Sack of a meal. And, well, the chairs at White Castle—at least the one he frequents in upstate New York—are benches that are bolted to the floor. You can’t pull them out to adjust them to your girth, which Kessman needs to do.

You can’t move the tables either—they’re also bolted down—and Kessman claims to have injured his knee by banging it into the steel support legs in an attempt to sit comfortably. See, Kessman claims the distance between the bolted down chairs and tables are discriminatory to fat people—he can’t fit in without discomfort or apparently knee injury.

So none of this sits well (forgive the pun) with Kessman. And the fact that there aren’t moveable chairs at White Castle is certainly not due to any lack of effort on his part. He’s complained to White Castle. He’s written to corporate headquarters about it. And as the New York Post reported, White Castle even responded by saying that they would be changing the seating—and they even included specs for Kessman to see. Oh, and they sent him some coupons for some burgers. That was over two years ago.

But you know how these corporate-driven changes go…

So Kessman hasn’t witnessed the bolted-down benches being swapped out for four-legged slider chairs (couldn’t resist) and he’s now getting really serious about this whole thing. So the civil liberties lawsuit has been filed. Kessman’s suing for new (presumably more spacious) White Castle chairs, and unspecified damages.

I don’t know how many people out there have really taken affront to White Castle’s seating set-up, but I’m guessing most folks who frequent the fast-food chain are less concerned about comfortable seating and more concerned about downing some sliders—somewhere else. I’m not thinking—in the scheme of things—that this really warrants legal action.

Oh but wait, if this settles—or actually goes to court—I may be able to start a list of all the places I go where things just aren’t made to accommodate tall people, which I am. And guess what? My legs—my knees—slam into practically everything wherever I’m seated! So maybe thanks are in order for Martin Kessman—after all, I can’t help that I’m tall any more than Martin Kessman can help that he’s 290 pounds, right? 😉

How to Prepare for a Lawyer Consultation

September 13th, 2011. By Kristine B

So you think you’ve been harmed by a drug or a medical device, or some form of financial fraud but aren’t certain. You’re considering a lawsuit but aren’t really sure what to do. You’d like to speak with an attorney but aren’t sure what information to bring with you or how to prepare. This week, Pleading Ignorance looks at the steps you can take to help prepare for a lawyer consultation, so your lawyer can determine if you have a legitimate claim.

1) Keep Detailed Notes…Create a Log

Once you think there may be a problem, make detailed notes about the incident, injury or harm in question. This includes the date of the harm, any appointments linked to your harm, key events in your dispute—including when any phone conversations and email correspondence took place—and any other background facts you might have. Be sure to include information about anyone you have seen in relation to your complaint. (In the case of drug side effects, that would include doctors, surgeons, specialists and so on. In the case of financial fraud, that would include financial advisors, stockbrokers and companies you dealt with.)

For example: if your concern is about a drug’s harmful side effect, include notes about when you first started the drug, when you noticed the side effects, any information provided by the doctor about your side effects, whether you have a history of problems with similar medications and why you were put on the medication. Also keep notes about how the side effects have affected you. Have you missed days from work? Has it impaired your ability to work at all? Have you required expensive medication or extensive rehabilitation?

When it comes to providing the attorney with information, the more the better. Don’t exclude information or details that you think might be “unimportant”—the attorney will decide which details will be critical to your claim.

2) Keep Paperwork…Create a File of Documents, Statements, Emails, Bills, Medical Records

This includes any correspondence regarding your situation. In the case of a medical dispute, this includes correspondence between you and your doctor (if there is any), test results, drug warning labels, receipts for medication, insurance claims, any information given about the drug or medical device in question. In the case of a financial dispute, this includes contracts, monthly or quarterly statements, any correspondence between you and your financial broker or advisor, any marketing materials you were given about the investment and so on.

Some paperwork might not seem important at the time but may become important later. For example, if you clipped an ad for a drug that claimed the drug was safe and you kept that clipping, bring it in to show the lawyer.

3) Be Honest with your Attorney…”Hiding” Details won’t Help your Case

Your attorney cannot help you if you don’t provide all the important facts. If you were taking several medications at once, the attorney needs to know this, even if your claim is that only one of the medications caused you harm. If you already suffered back pain before your car accident, tell your attorney. Don’t keep secrets from your lawyer, or it’ll be much more difficult for her to make your case.

4) Don’t Procrastinate…the Sooner the Better to Contact an Attorney

Many lawyers have turned down completely legitimate cases because the statute of limitations has run out. Don’t assume that you have a long time to file a claim. In some states, the statute of limitations is as short as a year, and depending on your circumstances (such as in the case of a car accident), paperwork may have to be filed within months of the incident. Even if you think you have time, remember it takes an attorney time to gather facts about your case before filing a claim, meaning that seeing an attorney one day before the statute of limitations runs out might be too late.

5) Prepare Questions for the Attorney…You’re Interviewing him as well

Before you hire an attorney, you should ask some questions yourself. These include:

• How many similar cases has she handled?
• What was the outcome of those cases?
• What are some potential problems she can foresee with your case?
• How long will it potentially take to resolve your situation?
• How would the lawyer handle your situation?
• Will the lawyer handle your case personally or will someone else handle your case?
• What are your legal options?
• Is she willing to consider a settlement in your case?
• How will she be paid?
• Is she aware of litigation similar to yours and how that litigation has gone?
• What is the statute of limitations in your case and how will that affect you?

6) Have Realistic Expectations

Lawsuits can take years to resolve. Don’t expect to go to an attorney’s office and have an immediate resolution to your case. Lawsuits are long and often complex processes, so expect to be in it for the long haul.

Remember that each lawsuit is different, even if they seem similar on the outside. An award of $10 million in one case does not mean you’ll get $10 million in yours, even if it appears that you have the same claim. There are many factors that go into an award and no two claims are identical.

Remember, too, that although the media likes to play up “frivolous” lawsuits—like the mother who sued Chuck E. Cheese for promoting childhood gambling—making it seem like anyone can file and win a lawsuit for any reason whatsoever, the reality is that some lawsuits are simply not able to proceed even though there has been an apparent injury. This might happen, for example, with a drug lawsuit in which a plaintiff claims harm from the drug, but no studies exist to prove outright that the drug, indeed, was the cause of the harmful side effect. Regardless, in the example of a bad drug complaint, your attorney—and only an attorney—would be able to assess the details of your complaint to see whether you might have a negligence, malpractice or defective product claim. So it’s always wise to consult with an attorney first—even though you may not wind up having a case.

By keeping detailed notes, holding on to paperwork and having realistic expectations, you make life easier for you and your attorney. Having at least some of that information from the get-go can make it easier for an attorney to determine if you have a legal claim.