Union Carbide Judge Removed From $322 Million-Verdict Case

Quoted from http://www.businessweek.com/news/2011-10-06/union-carbide-judge-removed-from-322-million-verdict-case.html

Union Carbide Judge Removed From $322 Million-Verdict Case

October 06, 2011, 8:47 PM EDT

By Andrew Harris

 

Oct. 6 (Bloomberg) — The Mississippi Supreme Court granted a request by Dow Chemical Co.’s Union Carbide unit to disqualify the judge who presided over an asbestos trial that ended with a $322 million verdict against the company.

Union Carbide argued that state Circuit Court Judge Eddie Bowen shouldn’t have presided over the trial that ended on May 4 because his father suffered from asbestosis, a disease caused by the mineral that sickened plaintiff Thomas Brown. The company claimed the defense was denied a fair trial.

The court yesterday ordered Bowen removed and stopped all action on the case until a new judge is appointed, without addressing the status of the verdict.

“We find that a reasonable person, knowing all of the circumstances, would harbor doubts about Judge Bowen’s impartiality in this particular case,” the court said.

Bowen’s father filed two asbestos lawsuits, one of which is still pending, and both his parents had settled a claim with Union Carbide and other defendants based on a diagnosis of asbestosis, according to the court’s ruling, which cited an independent probe by the Dow Chemical unit.

[Article continues at original source]

BBC News – Asbestos payout over death 60 years after exposure

Quoted from http://www.bbc.co.uk/news/uk-england-gloucestershire-15085028

Asbestos payout over death 60 years after exposure

 

27 September 2011 Last updated at 16:36 ET

The family of a man from Cheltenham who died as a result of being exposed to asbestos more than 60 years earlier has been awarded £92,000.

William Evans died from mesothelioma, a form of cancer associated with asbestos, earlier this year.

He worked for AW Hawksley Ltd, a subsidiary of BAE Systems Pensions Funds Investment Management, in Gloucester between 1947 and 1950.

His job involved drilling into asbestos sheets used in pre-fabricated houses.

Mr Evans’ family sued BAE Systems and the firm accepted liability, making the settlement to his two adult children.

The company admitted they had wrongly exposed Mr Evans to asbestos.

Mr Evans had been given no warnings or protective clothing and wore ordinary cotton overalls which he took home to wash.

Montana – Settlement Approved for Asbestos Victims

Quoted from http://www.nytimes.com/2011/09/17/us/montana-settlement-approved-for-asbestos-victims.html

Montana: Settlement Approved for Asbestos Victims

By THE ASSOCIATED PRESS

Published: September 17, 2011

A $43 million settlement has been approved for more than a thousand asbestos victims who said state officials knew that dust from a mine was killing people but failed to intervene. An estimated 400 people have been killed and 1,750 sickened by asbestos released from a W.R. Grace & Company mine outside the town of Libby, about 40 miles south of the Canadian border. Lethal dust from the mine, which closed more than two decades ago, once blanketed the town. Judge Jeffrey Sherlock of District Court in Helena approved the deal to end a lawsuit against the state. Judge Sherlock had dismissed the victims’ claims in 2002, a decision the State Supreme Court overturned. The settlement stems from multiple lawsuits brought against Montana agencies for failing to protect victims in Libby. The state originally claimed in its defense that it had no legal obligation to provide warning of the mine’s dangers. The majority of the claimants in the settlement are now 65 years or older. Court documents filed as part of the settlement show that more than 1,173 victims will receive payments ranging from $500 to more than $50,000 for those afflicted with lung cancer or mesothelioma.

Family of football player and actor Merlin Olsen settle lawsuit that linked cancer to asbestos

Quoted from http://www.chicagotribune.com/sports/sns-ap-us-people-merlin-olsen-,0,4756898.story

 

Family of football player and actor Merlin Olsen settle lawsuit that linked cancer to asbestos

By Associated Press

4:17 p.m. CDT, September 19, 2011

LOS ANGELES (AP) — The family of Hall of Fame football player and actor Merlin Olsen has settled a lawsuit with several asbestos companies that they say caused the rare form of cancer he contracted late in life.

Attorneys for Olsen’s wife and three children filed a notice of settlement on Wednesday in Los Angeles without providing further details.

A member of the Los Angeles Rams’ “Fearsome Foursome” in the 1960s, Olsen died in March 2010 after battling mesothelioma.

Olsen claimed the cancer of the lung lining was caused by exposure to asbestos products at construction sites he worked on as a youth. The settlement covers 10 companies that manufactured or used the products.

The former defensive tackle later appeared in the TV series “Little House on the Prairie” as well as commercials and NFL broadcasts.

New York jury awards $32 million in Navy mesothelioma suit

Quoted from http://newsandinsight.thomsonreuters.com/New_York/Insight/2011/09_-_September/New_York_jury_awards_$32_million_in_Navy_mesothelioma_suit/

New York jury awards $32 million in Navy mesothelioma suit

9/16/2011

WESTLAW JOURNALS, Sept. 16 – A jury in New York has awarded $32 million in damages to a Navy veteran who developed mesothelioma after being exposed to asbestos while serving on ships over an 18-year career.

A defense lawyer said a certain appeal will settle important issues for the future of asbestos litigation in New York.

The damages represented $16 million for past pain and suffering and $16 million for future pain and suffering.

The jury in the New York County Supreme Court found defendant Crane Co. 99 percent liable and Elliott Turbomachinery Co. 1 percent liable.

Terry Budd of K&L Gates, national counsel for Crane, said the award is in “clear violation of New York appellate case law” as excessively high.

Budd said Crane will ask Judge Joan A. Madden to reduce the amount.

He said an award of about $3 million would be more in line with judgments in cases where similar injuries were alleged.

Plaintiff Ronald Dummitt served on Navy ships from 1960 to 1977. He said he worked as a fireman and boiler tender and was exposed to asbestos when he repaired valves made by Crane Co.

He also said he was exposed to asbestos in Elliott products when he removed and replaced lagging pads and manhole gaskets.

[Article continues at original source]

Widow wins damages after asbestos death

Quoted from http://www.ryeandbattleobserver.co.uk/news/health/widow_wins_damages_after_asbestos_death_1_3044569

Widow wins damages after asbestos death

By Laura Button

Published on Monday 12 September 2011 05:19

A WIDOW, whose husband died from exposure to asbestos, has won substantial damages from a building company.

Brenda Clark, from Battle, has been awarded £160,000 after her husband, James, died from an asbestos-related disease in 2008.

Mr Clark worked for Anderson Construction Company in Richmond Road, Twickenham, initially as a ceiling fixer.

He installed asbestos tiles at Victoria underground station, Standard Telephone Cables Company and at the Lister Hospital, Stevenage.

His work involved drilling holes into the asbestos tiles.

At the end of the day he was often covered in asbestos dust.

In 2007 he started to suffer from health problems and was diagnosed with mesothelioma a year later at the Conquest Hospital, Hastings.

[Article continues at original source]

Carlisle widow sues over husband’s asbestos death link

Quoted from http://www.newsandstar.co.uk/news/carlisle-widow-sues-over-husband-s-asbestos-death-link-1.864817

Carlisle widow sues over husband’s asbestos death link

By Staff Reporter

Last updated at 12:45, Thursday, 04 August 2011

Electrician Peter Walters, 63, died from malignant mesothelioma, a cancer of the tissues surrounding his lungs, just three weeks after his condition was diagnosed. Now his widow Vivien Walters, 50, of Durdar Road, is demanding damages from Lorne Stewart plc, successors to HAT Engineering Services and David Thomson (Electrical).

Mr Walters worked for both firms, either as an employee or on self- employed basis, between 1969 and 1998 at the Barwise Works in Carlisle, according to a High Court writ.

He was exposed to asbestos during his work, including at an old people’s home Riverside in Appleby, where he installed a cord pull system and replaced lighting. This involved working in the roof voids filled with asbestos powder by contractors, who blew it in, the writ says.

[Article continues at original source]

Court ruling on asbestosis could help so many more

Quoted from http://www.uxbridgegazette.co.uk/west-london-news/local-uxbridge-news/2011/07/27/court-ruling-on-asbestosis-could-help-so-many-more-113046-29128956/

Court ruling on asbestosis could help so many more

Jul 27 2011 By Paddy Cooper, Uxbridge Gazette

AN ASBESTOSIS sufferer could be about to blaze a trail for compensation for other victims of the disease, as he awaits a landmark legal ruling.

David Chandler, 71, worked between 1959 and 1961 for Uxbridge Flint Brick Company (UFBC), in Iver Lane, Cowley.

He suffered heavy exposure to asbestos dust from the neighbouring Cape Building Products plant on the same site, and was diagnosed with asbestosis in 2007.

UFBC had an asbestos exclusion clause in its insurance policy, which blocked Mr Chandler from suing the company, so he took Cape Plc – UFBC’s parent company – to court.

Earlier this year, Mr Chandler was awarded £120,000 damages by the High Court, which dismissed an appeal by Cape Plc against the ruling.However, Cape Plc is awaiting a separate ruling from the Court of Appeal as to whether the High Court’s decision can be overturned.

In the meantime, Mr Chandler’s compensation is being withheld.

[Article continues at original source]

Bondex, Rust-Oleum Maker Unit in Bankruptcy, Is Denied Asbestos Claim Data

Quoted from http://www.bloomberg.com/news/2011-07-25/bondex-rust-oleum-maker-unit-in-bankruptcy-is-denied-asbestos-claim-data.html

Bondex, Rust-Oleum Maker Unit in Bankruptcy, Is Denied Asbestos Claim Data

By Steven Church – Jul 25, 2011 12:39 PM ET

Bondex International Inc., the bankrupt unit of Rust-Oleum maker RPM International Inc. (RPM), can’t get data on compensation paid to asbestos victims the company wants to use to calculate future liabilities, a court ruled.

U.S. Bankruptcy Judge Judith K. Fitzgerald in Wilmington, Delaware, today denied Bondex’s request for details on payments that some asbestos-victims’ trusts may have made to people who also claimed to have been injured by Bondex’s home-repair products.

Bondex and Specialty Products Holding Corp filed for bankruptcy last year with plans to set up their own asbestos- victims trust to resolve future and current suits. To calculate how much money the companies, or their parent, RPM, must put into the trust, the companies sought data on past payments.

Bondex’s plan to use the data is “all based on a hypothetical that doesn’t exist,” the judge said in court.

Gregory M. Gordon, a Bondex attorney, said the model the company is trying to create may predict lower future payments by taking into account payments that other trusts made to victims who sued Bondex.

Fitzgerald has allowed Bondex to collect other details from asbestos victims to build its models.

Bankrupt companies and their parents can win immunity from future asbestos lawsuits by setting up trusts to cover medical and other costs associated with exposure to asbestos.

The bankruptcy case is In re Specialty Products Holdings Corp., 10-11780, U.S. Bankruptcy Court, District of Delaware (Wilmington).

Appellate court overturns $2.5M verdict in asbestos cases

Quoted from http://www.pantagraph.com/news/local/article_c1213804-b265-11e0-b5d8-001cc4c03286.html

Appellate court overturns $2.5M verdict in asbestos cases

By Edith Brady-Lunny | eblunny@pantagraph.com pantagraph.com |

Posted: Tuesday, July 19, 2011 7:16 pm

SPRINGFIELD — The Fourth District Appellate Court has overturned a $2.5 million verdict that was one of several controversial jury awards in asbestos cases filed in McLean County.

The ruling issued in Springfield challenges the conspiracy theory used by attorneys for Juanita Rodarmel, a Bloomington woman who contracted mesothelioma after she was exposed to asbestos on the clothing of her first husband, Leslie Corry, an employee of the former Union Asbestos & Rubber Co. Corry worked at the plant from 1953 to 1956.

In their decision tossing out the 2009 verdict, the court rejected the plaintiff’s argument that Pneumo Abex LLC and Honeywell International should be held accountable for Rodarmel’s illness because the companies allegedly conspired with other firms to keep secret information about the hazards of asbestos.

Lawyers for Honeywell argued to the appellate court that the jury was allowed to consider circumstantial evidence of a conspiracy without allowing Honeywell to respond.

[Article continues at original source]

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