OSHA solicits public comments concerning its proposal to extend OMB's approval of the information collection requirements contained in the Asbestos in Construction Standard (29 CFR 1926.1101). The standard protects workers from adverse health effects from occupational exposure to asbestos, including lung cancer, mesothelioma, asbestosis (an emphysema-like condition) and gastrointestinal cancer.
In a trial that began in December 2010 and worked its way through two juries to reach three different verdicts, a retired plumber in California was awarded a total of $41 million for developing mesothelioma from asbestos exposure. John Casey worked as a licensed plumber for 40 years at various building sites. He developed mesothelioma following exposure to asbestos from the products he worked with and from being around other workers who used asbestos-containing products, according to his attorney, Gilbert Purcell of Brayton Purcell in Novato, Calif.
An Alton, Ill., plaintiffs law firm is opening a second office in California. Simmons Browder Gianaris Angelides & Barnerd, a 55-lawyer firm focused on asbestos and mesothelioma cases, branched out to San Francisco last week with an office staffed by two attorneys.
Federal law preempts product liability claims brought by the estate of a railroad worker who died from mesothelioma allegedly caused by exposure to asbestos in locomotives and locomotive parts, the U.S. Supreme Court has ruled. The decision affirms a ruling from the 3rd Circuit.
A take-home asbestos plaintiff failed to alleged sufficient specific facts for the recognition of a duty of care, the Illinois Supreme Court has ruled. The plaintiff's father worked for CSX Transportation from 1958 to 1964. The plaintiff's mother died from mesothelioma in 2007. In a lawsuit against CSX for negligence and strict liability, the plaintiff alleged that her mother's mesothelioma was due to exposure to asbestos fibers carried home on her father's work clothes.
The authors' law firm recently defended an asbestos case for one of their corporate clients. The plaintiff in that case delivered building supplies to hundreds of commercial worksites in the 1960's and 1970's. He claimed that he contracted mesothelioma via asbestos exposure when he delivered supplies to job sites. The plaintiff alleged that he was repeatedly exposed to joint compound, which contained asbestos, while walking through the job sites. This article discusses some of the trial strategies the authors used to successfully defend this toxic tort claim. Toxic tort claims present unique challenges for defense attorneys because the clients are almost exclusively corporate entities. Juries can be biased against corporations because they perceive the corporations as faceless entities,...
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A Berkeley Heights woman who washed her husband's asbestos-laden clothing and later contracted mesothelioma is entitled to $7 million in damages, an appellate court ruled Friday. In upholding the jury verdict, the court also said Bonnie Anderson's husband, John, is entitled to $500,000, and it added interest that's still accruing.
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