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Over the years, we have seen many articles in the media about problems in prisons related to poor conditions and overcrowding.   There is no question that many of the prison systems in the United States are in need of money, and many inmates are housed in very old buildings that are falling apart.

gavel7One problem that is not talked about much is the fact that many of these old prisons and jails were built a time when asbestos was used in virtually every aspect of the construction process. These buildings are now crumbling, and the dust is a hazard to staff, corrections officers and inmates alike. One inmate sued the corrections department for asbestos exposure during a renovations project at the prison library.

His asbestos lawsuit was initially dismissed because he did not file the required complaint form within 10 days of being exposed to asbestos, according to a recent article from CJ Online. However, upon review by the Kansas Supreme Court, his case will be allowed to continue. Continue reading →

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According to a recent article published by the Los Angeles Times, defendants in mesothelioma lawsuits can now be held liable for what are known as “take-home” asbestos cases.  These are cases where a worker was employed at job that exposed him or her to deadly asbestos fibers during his or her shift and then returned home still covered with the toxic materials.

asbestos bootsThis was a very common occurrence, because the companies that produced and worked with asbestos did not want their workers to know they were being exposed to a toxic substance. Since they were actively trying to hide the fact that asbestos caused malignant mesothelioma, asbestosis and other serious types of respiratory illness, they were not providing the workers with any appropriate safety equipment like protective clothing and respirators. Continue reading →

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In the United States and much of the world, asbestos was used very heavily in most aspects of construction. It was also used in a wide variety of consumer, commercial and industrial products.  The reason it was so prevalent was because it’s a cheap, naturally-occurring substance that has a remarkable ability to resist heat, fire, caustic chemicals and electricity.

xrayanalysisHowever, in addition to all of these helpful properties, it also causes cancer.  These days, most people are aware that exposure to asbestos causes malignant mesothelioma, but this was a closely guarded secret for much of the last century.  Those in asbestos industry were well aware of the dangers of asbestos, but since they also knew it would take between 20 and 50 years for people to get sick, they were willing to take that chance and pay later if necessary.  Continue reading →

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In Rost v. Ford Motor Company, plaintiff originally filed a mesothelioma lawsuit against the various companies that manufactured asbestos products.  Claimant alleged these companies manufactured the asbestos to which he had been exposed that ultimately caused him to develop malignant mesothelioma.  He filed his original complaint in October 2009.

hospitalroomPrior to trial, plaintiff settled his claims against all other asbestos makers except for the automaker named in the lawsuit. At this point, the case was set for trial, along with two other mesothelioma lawsuits.  While it does not happen all the time, judges in certain cases, particularly those involving toxic torts or products liability, have the power to combine cases in the interest of judicial economy. Continue reading →

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According to a recent news article from The Louisiana Record, a man with malignant pleural mesothelioma (MPM) has just filed a lawsuit against a factory that produced asbestos products for many years.  He claims in his mesothelioma lawsuit that he was exposed at his residence to the deadly asbestos fibers, which ultimately caused him to develop mesothelioma. He reportedly lived near a factory that used the substance regularly in protduction.

oldfactoryIn his complaint, he said he lived near the plant that used chemicals that contained asbestos during the 1980s.  He was diagnosed with malignant pleural mesothelioma in 2015 and has just filed this suit.  He further claims that they knew of the dangers of their asbestos-filled chemicals and should have warned those in the area and taken steps to make the air around the factory safe.  Having failed to so, he alleges, they are responsible for his fatal disease.  His doctors have told him he doesn’t have long left to live. Continue reading →

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On the banks of the Deerfield River in Monroe, Massachusetts sits what is left of a paper mill that has long since closed.  The mill is completely dilapidated and is now an asbestos-laden mess that is slowly slipping into the river.  Not only is it an eyesore that many would like to get rid of, it is an ever increasing environmental disaster in the making that needs to go, according to a recent news article from Mass Live.

asbestos dustIf it is not addressed soon, it will certainly fall into the river, and that will release large quantities of deadly asbestos fibers, as well as a great deal of waste and other debris, into the water and surrounding soil. This is certainly something that residents and country officials, as well as the U.S. Environmental Protection Agency (EPA), would like to avoid. Continue reading →

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If you or a loved one has been diagnosed with mesothelioma, it is fairly easy to make a determination that it was caused by exposure to asbestos fibers, since that is virtually the only cause of the deadly disease found in the United States.  However, the more difficult question is who is responsible for your illness.

boiler1This is made more difficult by the fact that exposure likely happened between 20 and 50 years ago, and there have been many different points of exposure during your lifetime.  The first thing you will need to do is write down your entire work history and any place else that you could have been exposed to deadly asbestos fibers. Continue reading →

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This election season was like nothing we have ever seen in American history or American politics.  Whatever your political persuasion, there can be no question that Donald Trump’s position have elicited strong feelings on both sides of the aisle.

washington-metro-1220364One of his claims that has some people concerned is a claim made on the campaign trail and reiterated again that was recently discussed in the Huffington Post, pertaining to the danger – or rather, his perceived lack thereof – when it comes to asbestos.  Trump has reportedly said that the asbestos “scare” was a conspiracy led by the mafia (organized crime organizations) in America to get Congress to ban the substance. Continue reading →

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In 2014 the Denver Broncos were in the National Football League (NFL) and played two of their games at Sports Authority Field at Mile High.  As these games were going on, the United States Attorney’s Office has alleged that the owners of a nearby apartment complex were doing a large renovation project that was putting dangerous levels of asbestos in the ambient air.  They further allege that this was putting Denver residents and those at the playoffs games at risk for inhaling those deadly fibers, according to a recent news article from the Denver Post.

shingleThe U.S. Attorney’s Office has just filed federal criminal charges against the company that owns the apartment complex and the director of the company in his personal capacity.  While it seems strange, a corporation can have criminal charges against it, because it is a considered a “jural person,” meaning that is treated as a real person within the context of being a defendant or plaintiff in a criminal or civil case.  While the company will obviously not go to jail, it can be fined, and people at the company who are named in the indictment could go to prison upon a conviction. Continue reading →

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If you own a home anywhere in the country and are planning on doing major renovations or demolition, and you know or have reason to know that your home contains asbestos, you simply can’t go it alone.  There are laws and regulations that must be followed to keep any workers and the community in general safe from the deadly asbestos fibers.asbestos dust

According to a recent news article from KATU 2, a couple was just fined $21,600 for allowing an unlicensed contractor to remove some asbestos from their home.  The local environmental protection agency has issued the fine against this couple. Continue reading →