Companies & Asbestos

Mesothelioma Victim Wins Legal Battle to Return Case to Local Court

February 16, 2025 | Throneberry Law Group

For purposes of this article, the mesothelioma victim in this case will be referred to as R.M.

Mesothelioma lawsuits often involve complex and contentious legal battles as asbestos companies employ aggressive strategies to avoid liability. One common tactic these companies use is moving cases to federal courts, which are often more favorable to businesses, offering immunity and saving them money. At the same time, mesothelioma victims or their survivors continue to suffer. However, these attempts do not always succeed. In a recent case, R.M., a former shipyard worker, successfully fought to have his mesothelioma lawsuit remanded to a local court after the defendant, Hopeman Brothers, tried to transfer the case to federal court.

R.M.’s illness began from his work at the Key Highway Shipyard between 1973 and 1974. During this time, he was exposed to asbestos dust released from Micarta paneling used in ship construction. According to his lawsuit, Hopeman Brothers’ workers cut, handled, and installed the asbestos-containing panels while working on various vessels, including tankers, passenger ships, and the Coast Guard’s Westwind.

How to Identify Asbestos in Your Home or Workplace

January 27, 2025 | Throneberry Law Group

Asbestos causes approximately 40,000 deaths annually in the U.S. and is linked to lung cancer, mesothelioma, and other cancers. Despite its dangers, asbestos isn’t entirely banned in the U.S., making it vital to know how to identify and avoid it. The only catch is that you cannot see asbestos with your naked eye, and it’s odorless; that is why it is so easy to inhale. So, how can you identify it in your home or workplace? Here is a guide on what to look out for (and stay away from) to keep yourself and your loved ones safe.

What is Asbestos?

Asbestos is a cluster of six natural fibrous materials, which, although highly toxic, is valued because of its robustness and heat and electricity resistance. Asbestos was mainly used throughout the 20^th century in construction and manufacturing. While asbestos was very appealing back then, its nearly invisible fibers can be easily inhaled, posing serious health risks, including causing mesothelioma. Damaged asbestos materials may look like tiny, fuzzy fibers resembling frayed fabric. However, the presence of visible fibers does not necessarily indicate asbestos. Testing is the only way to confirm if asbestos is present.

Judge Denies Crosby Valve’s Attempt to Avoid Mesothelioma Lawsuit

January 8, 2025 | Throneberry Law Group

For purposes of this article, the mesothelioma victim in this case will be referred to as T.W. and his wife as J.W.

In a recent court decision, a judge denied a defendant’s motion for summary judgment and allowed a widow to proceed with her mesothelioma wrongful death claim. After J.W.’s husband died of malignant mesothelioma, a rare and aggressive form of cancer, she filed a wrongful death claim against the companies she blames for negligently exposing her husband to the asbestos that caused his illness. Among the many companies named in the lawsuit was Crosby Valve, LLC. This defendant tried to have the case dismissed by filing a motion for summary judgment. However, the judge presiding over the case denied that request.

According to Mrs. J.W.’s lawsuit against Crosby Valve, her husband suffered asbestos exposure in gaskets the company had recommended using together with their valves. The defendant argued that the widow had failed to prove that her late husband had been directly exposed to any asbestos products they had manufactured. Crosby argued that it was not obligated to warn about the dangers of third-party products used in combination with their valves.

Contractor’s Negligence in Harlem Construction Puts Workers and Residents at Risk of Mesothelioma

January 6, 2025 | Throneberry Law Group

In a troubling case that sheds light on the consequences of negligence, a New Jersey contractor pleaded guilty to endangering the lives of workers and residents by releasing asbestos in an East Harlem, New York neighborhood. The contractor, Jose Correa, released the dangerous substance during a construction project in the neighborhood. Correa risks being imprisoned for up to one year. How long he goes to jail is up to the judge presiding over the case in New York.

Asbestos is a dangerous mineral that was once widely used in several industries due to its attractive qualities. However, being exposed to asbestos carries significant health risks. Asbestos exposure can cause various illnesses, including mesothelioma and asbestosis. These diseases occur when a person inhales or ingests asbestos fibers, which get stuck in the body. Unfortunately, it can take many years for a person to develop an asbestos-related illness after initial exposure. Mesothelioma, for instance, can take 40 years or even more to develop after being exposed to asbestos. Despite the extensive knowledge about the risks of asbestos and the strict rules in place to prevent exposure, some individuals and companies still bypass the necessary precautions, resulting in significant harm.

Jose Correa failed to perform inspections and did not use asbestos abatement professionals during a construction project at an East Harlem supermarket. Instead of doing things right, the contractor opted to cut corners and do the work ‘on the cheap.’ Correa had his untrained employees perform this dangerous work that required specialized knowledge. He did not even provide workers with basic safety equipment, such as protective masks and suits. The contractor’s decision to neglect safety measures resulted in workers and close residents unknowingly being exposed to asbestos and being at risk of developing mesothelioma and other asbestos-related diseases.

Mesothelioma Widow Manages to Return Foster Wheeler Lawsuit to Local Courts

January 2, 2025 | Throneberry Law Group

For purposes of this article, the mesothelioma widow, in this case, will be referred to as E.M. and her late husband as R.M.

In a recent legal development, a widow convinced a federal judge to return her lawsuit to local courts, defeating the defendant’s attempt to shift the case to federal jurisdiction. E.M. faced a heartbreaking loss when her husband, R.M., died from mesothelioma. After her loss, she filed a lawsuit against several companies she blames for her husband’s death. However, one defendant, Foster Wheeler (F.W.), tried to shift the case to federal court using the federal officer removal statute. E.M. successfully argued that her case was not connected to Navy vessels, convincing the court to let her case remain in local courts.

Mrs. E.M.’s husband, Mr. R.M., died in August 2023 from mesothelioma. Mesothelioma is a form of cancer caused by asbestos exposure. Asbestos is a harmful mineral that was once widely used in construction, shipbuilding, and manufacturing. This rare and aggressive illness affects the mesothelium, the protective layer surrounding most internal organs. Mrs. E.M. filed a mesothelioma claim against the companies she blames for her husband’s death in November of the same year. In her lawsuit, she indicated three locations where her husband was exposed to asbestos, one of them being Lockheed Shipbuilding Company. One of the defendants responded by asking Mrs. E.M. to share details about her husband’s employment history and worksites. E.M.’s responses did not mention any ships her husband had worked on or if he had worked on vessels or land. Later, she requested details about the company’s work at the Lockheed site.

Mesothelioma Victim Wins Case Against Honda Motors

December 22, 2024 | Throneberry Law Group

For purposes of this article, the mesothelioma victim in this case will be referred to as M.C.W.

In a recent court decision, a mesothelioma victim prevailed against North American Honda Motor Co. Inc (Nissan) and was awarded $600,000 in damages. After M.C.W. was diagnosed with mesothelioma, he and his wife filed a personal injury lawsuit against several defendants he blamed for having exposed him to asbestos. Mesothelioma is an aggressive and fatal form of cancer that is caused by asbestos exposure. After hearing his case, a New York jury awarded him $300,000 for past pain and suffering and an additional $300,000 for future pain and suffering.

Mr. W’s case followed a pattern that is familiar to many mesothelioma victims. In many cases, mesothelioma victims face asbestos exposure from multiple sources. In M.C.W.’s initial lawsuit, he named several high-profile companies, including BMW of North America, American Honda Motor Company, American Biltrite, Ford Motor Company, Amchem Products, and General Electric. Some of these cases were dismissed during legal proceedings after the defendants filed petitions for summary judgment. Others were resolved through out-of-court settlements, which is how most mesothelioma claims are resolved. In the end, the only remaining defendant was Nissan.

Todd Shipyard Worker Blames Multiple Companies for His Mesothelioma

December 10, 2024 | Throneberry Law Group

For purposes of this article, the mesothelioma victim in this case will be referred to as J.S. or Mr. S.

This case is about a construction worker, J.S., who worked at the Todd Shipyards for years and was later diagnosed with malignant mesothelioma, a rare and aggressive cancer that is primarily linked to asbestos exposure. In his lawsuit, J.S. names multiple companies as defendants. He blames these companies for having negligently exposed him to the asbestos that led to him developing his illness. His case has involved demands for records from him and requests for dismissal from the case from many companies.

According to Mr. S, his mesothelioma stems from exposure to asbestos-contaminated products used in ship construction and repair at Todd Shipyards between 1960 and 1964. While working at Todd Shipyards, the mesothelioma victim was exposed to equipment from Foster Wheeler, including marine boilers. He was also exposed to products like DAP joint compound, Kaiser Gypsum, and other materials made with Vanderbilt Talc.

Contractor’s Negligence Exposes Neighborhood to Mesothelioma Risk

December 8, 2024 | Throneberry Law Group

In a recent court decision, an asbestos contractor in Jefferson County, Colorado, was found guilty of several crimes after his fraudulent and careless acts endangered his workers, a client, and a whole neighborhood. The contractor’s actions put his employees, the client, and the entire neighborhood at risk of developing mesothelioma in the future. The contractor handled asbestos removal poorly and charged the client $70,000 for the poor work. Asbestos is a well-known health hazard, and its removal requires strict adherence to safety protocols. Failure to abide by the set guidelines can result in severe consequences.

The 82-year-old owner of a fire-damaged four-unit rental property in Arvada hired the contractor, Lance Slayton, in 2022 to clean and repair the property. This was when the risk of future mesothelioma diagnoses in the neighborhood began. Lance’s work included properly removing asbestos-contaminated materials from the property. However, according to the state attorney general’s office, instead of the contractor handling the toxic material properly, his company ignored safety protocols and removed the dangerous material improperly and disposed of it in an unsafe manner, putting the employees and residents exposed to the asbestos at risk.

Asbestos is generally not harmful when left undisturbed. However, when asbestos is disturbed or damaged, it can release tiny fibers into the air, which, when inhaled, can cause serious health problems like mesothelioma. Mesothelioma, a disease that affects the mesothelium, is a form of cancer that is rare and quite aggressive. After asbestos fibers are inhaled, they can become stuck in the body, causing inflammation and scarring over time. This can eventually lead to mesothelioma, which often has a long latency period. It can take 20 to 60 years or more for mesothelioma to develop after initial asbestos exposure. Because mesothelioma can take so long to develop, the full impact of this incident may not be felt for quite some time.

Asbestos Company’s Motion to Overturn Mesothelioma Verdict Denied

November 14, 2024 | Throneberry Law Group

For purposes of this article, the mesothelioma victim in this case will be referred to as T.C.

The Superior Court of Pennsylvania recently denied an asbestos company’s motion to overturn a mesothelioma verdict. T.C. was diagnosed with mesothelioma, a rare and deadly form of cancer, almost eight years ago, and over two years ago, a jury ordered his employer to pay his surviving loved ones $2.3 million in damages after concluding that the employer was liable for T.C.’s illness. Despite there being enough evidence to prove that the employer played a role in T.C.’s illness and the verdict, the employer sought to overturn the decision by filing a motion for a retrial or entry of a judgment in their favor. According to Lenox Instrument Company (employer), T.C.’s family had failed to prove its (the employer’s) role in his disease.

Mesothelioma is a rare, aggressive type of cancer that primarily affects the lungs, abdomen, or heart. This illness occurs after someone is exposed to asbestos, a fibrous mineral that was once widely used in construction, manufacturing, and other industries. When asbestos is left undisturbed, it does not pose any threat. However, when disturbed, asbestos releases tiny fibers into the air, which, when inhaled or ingested, can get stuck in the body, resulting in inflammation and cellular damage over time. This damage can eventually cause mesothelioma.

Judge Denies Burnham Boiler’s Bid to Dismiss Punitive Damages Claim in Mesothelioma Case

November 12, 2024 | Throneberry Law Group

For purposes of this article, the mesothelioma victim in this case will be referred to as A.F.

In a recent court case, a New York County Supreme Court judge denied Burnham LLC’s request to dismiss a punitive damages claim in a mesothelioma lawsuit. A.F., a former worker, was exposed to asbestos through Burnham boilers and other asbestos-contaminated equipment. A.F. and his wife filed a lawsuit seeking compensation for compensatory and punitive damages from Burnham LLC. The defendants filed a motion to dismiss the claim for punitive damages, but that motion was denied.

After suffering mesothelioma, a victim can file a personal injury lawsuit and seek compensatory damages, which aim to make up for direct losses. Compensatory damages include medical expenses, lost wages, and pain and suffering. Mesothelioma victims’ spouses can also seek compensation for loss of companionship and support. In a mesothelioma claim, victims and their families can also seek punitive damages. Unlike compensatory damages, punitive damages are meant to punish the defendant for particularly reckless or harmful behavior. These damages are intended to send a message to others and warn them against acting in the same manner as the defendant.