Articles Posted in Companies & Asbestos

Montana’s House of Representatives recently passed three bills aimed at reducing corporate responsibility in asbestos-related lawsuits, making it significantly harder for individuals affected by asbestos exposure to pursue justice and compensation. While proponents of the bills claim that this will help prevent excessive lawsuits against businesses, critics contend that this move protects BNSF Railway from accountability at the expense of victims. This has sparked outrage in Libby, Montana, where mesothelioma victims and their families fear they will lose their right to seek justice. If these bills become law, BNSF Railway, a company previously found responsible for asbestos-related illnesses and deaths, could be shielded from further lawsuits, stripping victims of the compensation they deserve.

Libby has experienced one of the most severe environmental and public health crises in the United States. The crisis stemmed from the W.R. Grace & Co. vermiculite mine, which contaminated the town with asbestos fibers, leading to widespread illness and deaths. Thousands of Libby residents have been diagnosed with mesothelioma, asbestosis, and other fatal diseases due to prolonged asbestos exposure. The disaster was so severe that in 2009, the federal government declared a public health emergency in Libby.

Caving under the pressure of many asbestos lawsuits against it, W.R. Grace declared bankruptcy years ago. However, other companies, like BNSF Railway, have also been found responsible for transporting asbestos-contaminated materials and not protecting workers and residents. Victims and their families have sued these corporations and received compensation, including medical expenses, lost wages, and pain and suffering.

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

In a recent court ruling, a shipyard’s attempt to claim immunity in a mesothelioma lawsuit was denied, maintaining the company’s accountability for failing to protect workers from asbestos exposure. The case was brought by the plaintiff, N.L., a former employee of Avondale Shipyard, who was diagnosed with malignant mesothelioma decades after working there in the 1970s and 1980s. In his lawsuit, filed in Louisiana state court, he argued that the shipyard had failed to warn him about the dangers of asbestos or take necessary precautions to prevent exposure. The company, which Huntington Ingalls Incorporated now owns, attempted to escape liability by claiming immunity as a federal contractor. However, the court rejected this defense, ruling that Avondale didn’t meet the legal standard for such protection.

In his lawsuit, N.L. names multiple companies, including Huntington Ingalls Incorporated, alleging that his exposure to asbestos dust at the shipyards and outside of work when visiting his coworkers directly contributed to his illness. Avondale moved the case to federal court, arguing that because the ships built at the yard were for the U.S. government, they acted under federal authority and should, therefore, be immune from liability. In response, N.L. filed a petition for summary judgment, challenging the company’s immunity claim.

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

In a recent court ruling, a jury ordered a helicopter company to pay $8.8 million in damages to the family of  B.D. Unfortunately, B.D., a mechanical engineer, passed away from mesothelioma, having been exposed to asbestos primarily through the products he worked with while at Bell Helicopter. In the landmark ruling, the survivors were awarded actual and punitive damages, highlighting how the courts held companies that failed to address the dangers of asbestos exposure accountable.

The case revolved around using asbestos-containing parts, which B.D. was tasked with designing enclosures for heat testing helicopter components. Before his death, B.D. had given testimony during his deposition where he testified that asbestos insulation boards were used for the enclosures., where he was exposed to the deadly asbestos fibers over a long time. Mesothelioma, a rare and aggressive cancer primarily caused by asbestos exposure, often takes decades to manifest after initial contact. B.D.’s family argued that the company’s negligence in addressing the risks of asbestos played a significant role in his illness and death.

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.

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 20th 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.

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.

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.

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.

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.

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.

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