Articles Posted in Mesothelioma Case

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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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Anyone who has ever read the work of Mark Twain or watched any number of classic movies is aware that steamboats with giant paddle wheels once traveled up and down the Mississippi River on a regular basis.  There were grand boats with multiple decks and featured casinos, shows and balconies overlooking the water.

paddle-steamer-1421737-300x202While these large paddle wheelers have not been used for nearly a century for the purpose of transportation, they have served as popular tourist attractions. However, the boats that are left are reproductions of the original giant paddle wheelers.  In fact the Mississippi Queen currently operating on the river is a modern replacement of another replica constructed in 1976.  Continue reading

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According to a recent news feature from the Journal Inquirer, a New England man who worked for Sikorsky is now the leading plaintiff in a major mesothelioma class action lawsuit.   Sikorsky is a major manufacturer of civilian and military helicopters, including the famous green and white one’s used to transport the president and, when he is on board, use the call sign Marine One. While many people think there is only one, there are actually over 35 of them assigned the presidential transport unit of the United States Marine Corps.

helicopter-1534226-300x225This employee was working for the helicopter manufacturer as part of a major project at the company’s facility in Stratford, Connecticut in 2010, when he claims he was exposed to deadly asbestos fibers. As part of his complaint, he alleges that he and 40 other workers were working on converting an old boiler house that was built in the 1930s into an industrial plant capable of generating both heat and electricity.  This type of plant is known in the industry as a cogeneration facility. Continue reading

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In Brown v. Lockheed Martin, an appeal from the United States Court of Appeal for the Second Circuit, from around 1950 through 1970, decedent worked as an aviation mechanic for the United States Air Force.  He was working at bases in the United States and in Europe during the years he was serving our nation.  He was exposed to asbestos on a regular basis during those years.

turbineenginepartsPlaintiff was eventually diagnosed with malignant plural mesothelioma as a result of his years of exposure to deadly asbestos fibers.  Asbestos is in a naturally occurring mineral that has been used for thousands of years due to its natural resistance to heat, fire, caustic chemicals and electricity.  However, it was during the industrial revolution in the United States and Europe that it became used in virtually every facet of industry, including production of goods and in the construction trades.  Continue reading

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