Articles Posted in Mesothelioma Case

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R.J. Reynolds Tobacco Co. v. Stidham involved plaintiffs who were diagnosed with lung cancer that attempted to join a single lawsuit against the tobacco companies and the producers of asbestos and asbestos products. These plaintiffs asserted that their cancers were the result of both exposures to deadly asbestos fibers as well from years of tobacco smoking.

cigarette-1478450This is not the first time that plaintiffs sued both the cigarette manufacturers and the asbestos companies together, but in this case, there were procedural challenges.  In this jurisdiction, asbestos cases are tried on a special asbestos docket. Continue reading

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As you may have heard, last month President Barack Obama signed a bill into law that allows the United States Environmental Protection Agency (EPA) to more easily ban toxic substances, including deadly asbestos fibers. This bill was one of the few bills in recent history that received bipartisan support.

lungsWhile many people think asbestos was banned in the late 1970s, what they may not realize is that the EPA’s ban was overturned a few years later by the U.S. Supreme Court on grounds that this type of ban could not be accomplished exclusively by an executive agency without the support of Congress.  This is not to say that it was unconstitutional to ban asbestos, but rather the way in which it was done was the problem. Continue reading

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The highest court in the State of New York has just upheld a $3 million verdict, according to a recent news article from The Buffalo News.  In this case, a former employee who worked as a pipe fitter for General Motors Company at one of their engine plants had died in 2011 when he was 77-years-old.  This was before the verdict was ultimately upheld by the New York Court of Appeals. Once the plaintiff had died, his surviving spouse continued the lawsuit in his name, as is often the case due the deadly nature of mesothelioma.

sparks1He actually died just three months before the jury returned a verdict finding several named defendants failed to adequately warn him of the risks of asbestos. Jurors awarded him $3 million in damages, which will now go to his legal heirs, including his surviving spouse and children. Continue reading

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According to a recent news article from the Patriot Ledger, the Massachusetts Department of Environmental Protection (MassDEP) has finally approved an asbestos abatement plan for a church that is slated to be demolished in Quincy.  This is after a month-long shut down on the project so an asbestos abatement plan could be reviewed and approved.

tower-in-the-sky-1148256-mThe plan that was ultimately approved was drafted by a licensed asbestos abatement firm in Boston.  The need for this shutdown, or freeze as they called it, came as result of concerns that asbestos was being removed or otherwise handled in an unsafe manner. Continue reading

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The New Jersey Supreme Court has expanded an earlier decision pertaining to “take-home toxic tort liability,” which is the assertion that companies can be responsible when their workers exposed to potentially harmful materials and take those materials home to their spouses. jeans

Now, in Schwartz v. Accuratus Corporation, justices ruled that potential liability can extend not just to the workers’ spouse, but also to roommates and unmarried romantic partners.

The ruling was issued at the behest of a federal court which is handling a case in which a woman in Pennsylvania filed a lawsuit against a ceramics company where her husband and roommate were once employed. Plaintiff alleges she suffered severe illness in the form of chronic beryllium disease. It’s a condition that affects the lungs, and similar to mesothelioma, it’s caused by breathing in tiny toxic fibers and particles that are routinely found in industrial factories and other facilities.  Continue reading

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Asbestos litigation is complex. There are often more than a half dozen defendants. You’re dealing with facts and details that go back decades. Memories have faded. Records are lost. It’s a challenge to say the least. That’s why it’s imperative that you hire an asbestos injury law firm that is experienced and has a history of success on this front.gavel7

A recent case before the Maine Supreme Judicial Court illustrates some of the pitfalls that can arise in asbestos litigation.

In Grant v. Foster Wheeler, LLC, plaintiff – the estate of a man who died from mesothelioma due to exposure to asbestos – appealed a trial court grant of summary judgment to defendants on claims of failure to warn of defective products, unreasonably dangerous goods, negligence and loss of consortium.  Continue reading

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Being in the military is a great sacrifice, and our brave service members throughout the history of our nation have undertaken this sacrifice, and they deserve our highest respect.  There are many ways in which a person in the military can be seriously injured or killed.

asbestosWhile there are the obvious risks associated with being in combat, there are also many soldiers and sailors injured in training accidents and injured on the job in the same manner in which civilian workers are routinely injured.  While there is nothing that can really be done to prevent each and every one of these injuries and even deaths from occurring, there is one type of serious illness that could have been prevented for at least much the last century.  Continue reading

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According to a recent news article from the Worcester Patch, the Massachusetts Department of Environmental Protection (MassDEP) has assessed a roughly $52,000 fine against a property owner in connection with alleged asbestos violations while he was renovating his three-decker apartment building in Worcester, Massachusetts.

rubble-1432323-mMassDEP officials said they were responding to complaints from an unknown source when they began their investigation into potential asbestos violations at the apartment building.  The complainant described seeing a pile of renovation waste outside of the home and believed that it contained asbestos fibers. Continue reading

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In January, an appeals court in California upheld the award of $1.6 million in compensatory damages and nearly $4 million in punitive damages in an asbestos injury lawsuit. courthouse

That decision came following an appeal by defendants in Casey v. Kaiser Gypsum Company, Inc. following two jury trials – the first that determined liability and compensatory damages and a second limited re-trial that solely weighed the issue of punitive damages after the first could not reach a consensus.

Defendant had argued on appeal to the three-judge panel of the First Appellate District, Division Four that it was improper for the judge to hold a retrial just on the issue of punitive damages. Meanwhile, plaintiff had cross-appealed the fact that the trial court had reduced the punitive damage award from $20 million to just under $4 million.  Continue reading

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A recent news feature from the Huffington Post takes a look the additional hurdles faced by military veterans who are diagnosed with malignant mesothelioma.  There is no question there are many ways soldiers die while bravely serving our country.  We have seen soldiers and sailors killed in firefights with an enemy, killed by a roadside improvised explosive device (IED), or killed in one of many kinds of accidents that happen all the time in what they refer to as the fog of war.

854357_battleship_wisconsin-218x300When a soldier or sailor manages to survive all of these dangerous scenarios and gets older, it would seem that the chance of dying a service-related death is over.  However, with the fact that asbestos was heavily used by the United States military, and the fact that it typically takes between 20 years and 50 years for a patient to be diagnosed with malignant mesothelioma, this is not always the case. Continue reading

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