... country where G-I may have disposed of hazardous waste. "The cornerstone of this settlement is that G-I is responsible for completing extensive work at the Vermont Asbestos Group Mine Site, focusing on site security, air monitoring and investigating and sampling certain mine tailings," said John C. Cruden, Acting Assistant Attorney General for the Justice Department's Environment and Natural Resources Division. "G-I will also pay for its share ...
July 2, 2009 10:07 pm

Selections from National Law Journal Daily Headlines July 1, 2009

(New York Supreme Court Criminal Term Library Blog)
... of America bought Merrill Lynch last year". The anatomy of an acquittal in the W.R. Grace asbestos trial "A federal jury acquitted chemical products company W.R. Grace and three of its former executives on May 8 of charges that they knowingly distributed asbestos at a former vermiculite mine in Libby, Mont. More than 200 local people have died ... 's favor". Court says 'Civil Action' lawyer had right to see fellow attorneys "Jan Schlichtmann didn't violate state law when he sued his fellow ...
July 1, 2009 01:34 am
... . Additionally, he has been recognized by San Diego Magazine as the top local plaintiffs' personal injury attorney specializing in asbestos litigation, is listed in Super Lawyers magazine, and was awarded the "Outstanding Trial Lawyer Award" by the ... Jewish Federation of San Diego, which promoted Jewish learning, continuing legal education, and networking for Jewish attorneys in San Diego. In addition, he was vice president of the 22nd District Agricultural Association (Del Mar Fairboard), serving ...
June 29, 2009 08:26 am

Many Mesothelioma cases go unreported

(Illinois Injury Lawyer Blog)
Less than half of asbestos workers diagnosed with mesothelioma file claims for workers' compensation. More interestingly, according to a recent Canadian study, is that those who do file claims do receive compensation. Canadian workers' compensation is similar to the U.S. in that it covers medical costs for workers injured on the job. To read more about the unreported mesothelioma cases.
June 25, 2009 02:09 pm

THE LO-DOWN ON PETE GLEASON

(Real Estate Law Blog)
... in the US Coast Guard... in the District. 1983 I became a police officer on the Lower East Side, in the District. I was a firefighter, most of the time, on the Lower East Side... As an attorney I do a tremendous amount of pro bono work that benefits the community. I represented a steam fitter who's a whistleblower for asbestos in New York City schools. I am dealing with an agency there, the Department of Education, that has an ...
June 23, 2009 11:00 am
... end risk assessments rather than true case "worst case" scenarios. 4. Privileging Secrecy: Using the attorney client privilege to shield against public disclosure of potential liability. 5. Inconsistent Estimates: Providing different ... compares the potential corporate liability of companies using nanoscale materials to the ruin faced by companies involved in asbestos manufacturing from the 1930s forward. Basically, IEHN argues that failing to close these eight identified "loopholes" destroyed ...
June 22, 2009 12:52 pm
... Defendant Corporation argued that the company should be allowed to present expert testimony that mesothelioma -- the disease caused by exposure to asbestos -- was a medical unknown until 1965. The defense was raising the concept of foreseeability in this strict liability case by arguing that, ... wonders why the Court, after having the issues briefed and after having heard oral argument from the attorneys, simply did not see the matter through and settle the issues presented with a decision and a ...
June 21, 2009 05:20 am

EPA declares public health emergency

(Illinois Injury Lawyer Blog)
Earlier this week, the Environmental Protection Agency declared a public health emergency in a small western town. It found that a mine there had blanketed the town with asbestos. To read more about the asbestos health emergency declaration.
June 19, 2009 11:22 pm

Chrysler Leaves Injured Customers In The Cold

(Jacksonville Personal Injury Blog)
... able to get your fan belt changed, but not treat the brain injury of your child. The only way this will be solved is if Congress or the state governors get involved and put aside a victim's fund, not unlike that for asbestos or the Dalkon shield, birth control device. Otherwise, we have an extraordinary trampling of civil rights which are guaranteed by the Fifth Amendment intended to give us access to a remedy through the courthouse doors. This article is provided by the Jacksonville personal ...
June 19, 2009 10:52 am
... proceeds to a trust in exchange for immunity from future claims. The arrangement became a model for more than 40 other asbestos cases. Plaintiffs, however, sued Travelers, arguing that it broke consumer protection laws as well as common law by conspiring to hide the dangers of asbestos and failing to warn the public. The issue was whether the injunction barred state-law actions against Travelers based on allegations either of its own wrongdoing ...
June 18, 2009 02:08 pm
... next release of opinions is expected on Monday. Chief Justice John G. Roberts, Jr., writing for the majority in District Attorney's Office v. Osborne (08-6), noted that DNA testing provides "an unparalleled ability" to prove ... on bankruptcy courts' powers, the Justices ruled that the bankruptcy court that had approved a settlement of one facet of the reorganization plan for asbestos maker Johns Mansville Corp. had the authority to block some lawsuits filed years later dealing with that part of ...
June 18, 2009 07:16 am
... defending a deposition is well-advised to get it squared away, in advance, as to whether the deponent is a client. It bodes ill for an attorney-client privilege claim when the "client" has denied under oath that she is represented by the attorney. Under ... surprise that the Minnesota Supreme Court found no attorney-client privilege in communications between Karen Abbott, widow of the principal of Paul W. Abbott Co. ("PWA"), an asbestos litigation defendant, and counsel for the insurer defending ...
June 18, 2009 04:30 am
... -ever "public health emergency," saying the federal government will funnel $6 million to provide medical care for people sickened by asbestos from a mine in northwest Montana. The declaration applies to the towns of Libby and Troy, where for decades workers dug for vermiculite, a mineral ... , drunk driving, bad product, toxic injury etc then please contact the Fort Worth Texas Personal Injury Attorney Dr. Shezad Malik. For a no obligation, free case analysis, please call 817-255-4001 or Contact Me ...
June 17, 2009 09:33 pm
Nelson v. Aurora Equipment Company, No. 2-08-0186 (5-29-09) affirmed that the defendant, a former employer of plaintiff's decedent's husband and son, at which they were exposed to asbestos containing materials, owes no duty to plaintiff's decedent for exposure to asbestos fibers from her son and husband's clothing. Therefore, plaintiff's negligence wrongful death complaint based on premises liability is subject to dismissal by summary judgment. This case will affect premises liability cases.
June 16, 2009 09:00 pm
... York City personal injury law firm best known for its extensive advertising about and its mass representation of plaintiffs in asbestos exposure lawsuits) was hired to handle the appeal decided this week. Another firm was hired to sue the Finkelstein ... rejected then the rejection should either be on the record or in writing (with a full explanation of the consequences also on the record or in writing) attorneys (and their injured clients) should not let greed serve as the foundation of a personal ...
June 13, 2009 10:16 am
Asbestos-injury plaintiffs are saying that the government-backed plan to sell GM may be unconstitutional since they were left out of negotiations. The toxic tort plaintiffs have asked for an official committee in the bankruptcy case and argue that they cannot be bound by a reorganization of which they were not participants. To read more about the toxic tort victims' claims.
June 10, 2009 07:12 am
... , and the objections raised by or on behalf of such claimants are overruled.... Another objection related to an asbestos claim raised both the failure to comply with section 524(g) and that the Sale ... , however, as touched upon in part in these two briefs filed with the Supreme Court by attorneys for some tort claimants, there are a number of decisions out there -- both state and ... ill effects of asbestos]." Travelers Cas. and Surety Co. v. Chubb Indem. Ins. Co., 517 F.3d 52, 60-61 (2d Cir. 2008). ...
June 9, 2009 01:22 am

LAW.COM Newswire Highlights June 9, 2009

(New York Supreme Court Criminal Term Library Blog)
... tossed a substantial portion of a criminal case against Pierce O'Donnell, the lead attorney representing Hurricane Katrina victims in litigation against the U.S. Army Corps ... more than 40 years on the bench, he has presided over pioneering asbestos, tobacco and gun cases, shaping the progress of litigation involving products that harmed ... policies are tools that can actually help law firms during this recession, says attorney Denise Howell. In fact, consultant Deborah Epstein Henry has even coined ...
June 9, 2009 12:54 am

Left holding the asbestos bag

(Point Of Law Forum)
Longtime asbestos defendants enter bankruptcy trusts, while smaller not-yet-bankrupt companies can be left holding the bag, explains prominent reformist attorney Mark Behrens [Madison County Record]....
June 8, 2009 10:06 pm

Family of asbestos victim sues 33 companies

(Illinois Injury Lawyer Blog)
The family of asbestos wrongful death victim have filed an asbestos lawsuit alleging that their father was not warning adequately about working around asbestos. The wrongful death victim worked around asbestos for most of his life as a laborer and operator. Thirty three companies are named as defendants in the asbestos lawsuit. To read more about the asbestos lawsuit.
June 6, 2009 08:23 am