DuBose Law Firm

DuBose Law Firm tackles environmental issues everyday by fighting for asbestos personal injury victims and public interest issues related to asbestos.  Since 2008 DuBose Law Firm has also worked to protect the environment as an ABA-EPA Climate Challenge partner.  

A fundamental part DuBose Law Firm’s commitment to the environment includes participation in U.S. Environmental Protection Agency’s (EPA) innovative WasteWise program, the country’s first national voluntary solid waste reduction program.  WasteWise encourages organizations to reduce municipal solid waste through waste prevention, recycling, and buying or manufacturing recycled products. WasteWise partners have saved thousands, even millions of dollars in purchasing costs and waste disposal fees by reducing, reusing, and recycling solid waste materials.

As a WasteWise member, we are required to establish three new waste prevention activities, expand or improve our current recycling efforts, and purchase and/or manufacture additional products with recycled content.  The programs we initiate as part of our participation in WasteWise will build on the successes of our established waste prevention and recycling efforts.  A major thrust of WasteWise is waste prevention—actions that minimize or eliminate the generation of waste before it is created—with the goal of decreasing the amount of material that must be recycled or thrown away.

According to founding partner, Ben DuBose, “unfortunately, lawyers are tree killers.  At least one nation- wide study has shown that without a waste management plan, a single attorney can consume up to half a ton of paper per year.”  The life-cycle of a ton of paper, from production to landfill disposal results in the generation of about 11 tons of carbon dioxide (CO2) equivalent greenhouse gas emissions. “Participation in WasteWise demonstrates DuBose Law Firm’s commitment to preserve natural resources and protect the environment,” says DuBose.

The WasteWise program has a broad and varied membership that reflects the makeup of corporate America.  For more information, go on-line at www.epa.gov/osw/partnerships/wastewise/about.htm

A  Dallas, Texas vermiculite expansion facility operated by W.R. Grace was examined in a 2005 study by the  Agency for Toxic Substances and Disease Registry (ATSDR).  The Dallas facility operated from 1953 to 1992 and resulted in asbestos exposure to the employees and likely to the adjacent residential neighborhood. Inhalation of asbestos fibers can cause numerous cancers including malignant mesothelioma and lung cancer. 

Vermiculite, a naturally occurring mineral, can be contaminated with asbestos depending on the geographic origin of the mineral.  Libby, Montana vermiculite was contaminated with asbestos.   The Libby mine produced asbestos contaminated vermiculate from the 1920s until 1990.   Libby vermiculite was then shipped across the country by rail to numerous expansion facilities where the mineral was expanded or “popped” under heat much like  pop-corn.  Expanded vermiculite had numerous commercial applications attic insulation and potting soil. 

The ATSDR study notes that over 396,000 tons of Libby vermiculite were processed at the Dallas W.R. Grace/Texas Vermiculite Company facility in west Dallas. 

Recommendations of the ATSDR study include: 1) improving public awareness of former employees and neighborhood residents of potential past asbestos exposures during the 1953 to 1992 time period; and  2) increase public awareness of the potential for asbestos exposure from waste rock that may have been brought home from the plant for personal use. 

The ATSDR study recommends that individuals who may have past asbestos exposures should inform their regular physician of their asbestos exposure or consult a physician with experience in asbestos-related lung disease.  The ATSDR fact sheet concerning the WR Grace Dallas plant can be found at www.atsdr.cdc.gov/Asbestos/sites/national_map/fact_sheets/dallastx.html as well as the full study at www.atsdr.cdc.gov/Asbestos/sites/health_consultations/dallastx.html. 

     Football Hall of Famer Merlin Olsen is the latest celebrity victim of mesothelioma – an incurable and aggressive form of cancer caused by asbestos exposure.      Olsen has recently filed a lawsuit against numerous asbestos manufacturers claiming  that  years of exposure to asbestos at jobs ranging from construction to working for NBC and 20th Century Fox caused his recently diagnosed cancer.

     Olsen, 69, sued NBC Studios and more than two dozen other companies in California Superior Court, alleging that regular exposure to asbestos since he was around 10 years old gave him mesothelioma, a deadly form of cancer for which he is receiving chemotherapy.

     Olsen says he was exposed to asbestos while working as a laborer and construction worker during summers and after school from the time he was 10 through college. Later in his career, he says, he was around workers who were using “asbestos drywall patching compounds.”

      During the period he was exposed to asbestos, “the manufacturers of asbestos products did not warn of the lethal hazards of breathing asbestos dust, despite the fact that these asbestos companies knew that breathing small amounts of asbestos dust could be fatal,” Olsen says in the 28-page complaint.     Olsen was diagnosed with mesothelioma in July 2009.

      Olsen spent 15 years with the Los Angeles Rams, and was elected to the NFL Hall of Fame in 1982.    Later he became a sportscaster and an actor, starring in the show “Little House on the Prairie” and others.

Each year, thousands of Americans are injured by defective foreign products imported into the United States. These defective products have ranged in recent years from asbestos and lead tainted toys to Chinese drywall.  Loopholes in the law give foreign manufacturers ways of delaying lawsuits against them in the United States – but that may be about to change if a bill pending in the U.S. Senate is passed into law.  Currently, when a foreign manufacturer’s product injures someone in the U.S. because of a defect, and the victim files suit against that manufacturer, serving the foreign defendant can take months or even years. Foreign manufacturers often seek to avoid judicial consideration of their actions by asserting that United States courts lack personal jurisdiction over their companies. New legislation, however, seeks to make it easier for plaintiffs to establish service and get the lawsuit moving.

The Foreign Manufacturers Legal Accountability Act of 2009  sponsored in early August by Senators  Sheldon Whitehouse, (D-RI),  Jeff Sessions, (R-Ala), and Richard Durbin, (D-Ill) addresses this problem with a two-pronged solution for foreign manufacturers wanting to sell products in the United States:      1.  Foreign manufacturers will be required to have an “agent” in at least one state, which is designated to accept service on the company’s behalf; and 2. Foreign companies consent to state or federal jurisdiction where their registered agent is located.

This bill will not determine liability of a manufacturer  or make the legal burdens on foreign manufacturers any greater than those imposed on domestic manufacturers. It simply makes service of process work as though the manufacturer were an American company.

Despite bipartisan support, though, the bill has not passed yet. However,  passage of this bill is important to end the loopholes which have allowed foreign manufacturers to delay and avoid legal responsibility for defective products sold in the U.S.

The current health care legislation recently passed  by the U.S. Senate contains provisions that may provide help for victims of asbestos contamination in Libby, Montana.   As reported by The New York Times, the language of the bill proposes extending Medicare coverage for victims of  environmental health hazards that were “declared a public health emergency by the government in June.”

That public health emergency refers to the U.S. Environmental Protection Agency’s action this past summer in declaring a publich health emergency for the town of Libby, Montana.  Libby is home to the W.R. Grace vermiculite mine that is blamed for widespread asbestos exposure contamination in Libby and the surrounding region.  Libby has an extremely high incidence rate of asbestos-related disease, including malignant mesothelioma.  Asbestos contamination in the Libby area has been blamed for the deaths of more than 200 people and the illnesses of more than 1,000 more to date. Many have died from mesothelioma.

Mesothelioma is a rare, aggressive form of cancer primarily caused by exposure to airborne asbestos fibers. Close to 3,000 Americans are diagnosed with the cancer yearly. There is no known cure for the disease.

Senator Max Baucus, Democrat of Montana, lobbied to include the Libby passage within the Health Care Reform Bill to expand Medicare to cover  asbestos victims in the Libby area.  Baucus has fought  for years to bring some relief to the Libby residents by pushing for the declaration of the health emergency requiring the federal government to offer screenings and health care for Libby residents as well as authorizing cleanup work in homes and other structures.

As quoted in a New York Times article, Mr. Baucus said “the people of Libby were poisoned and have been dying for more than a decade. We need this type of mechanism to help people when they need it most.”

Ben DuBose, of DuBose Law Firm, PLLC, has been recognized by Law & Politics Media and Texas Monthly as one of the select “Texas Super Lawyers” for 2009.   Earlier this year, Mr. DuBose was chosen as one of the “Best Lawyers in Dallas” by D Magazine. In 2005 he was honored by Law & Politics Media and Texas Monthly magazine as a “Rising Star of Texas Law.”

In selecting attorneys for Super Lawyers, Law & Politics Media employs a rigorous, multiphase process. Peer nominations and evaluations are combined with third party research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement.

During his legal career, Mr. DuBose has practiced law with some of the nation’s most prominent law firms representing personal injury victims and consumers. He has obtained significant results for hundreds of mesothelioma victims from coast to coast for over a decade. Mr. DuBose has led the way to discover the asbestos-containing properties of many products previously unknown in asbestos litigation. He was also part of a legal team working with Trial Lawyers for Public Justice seeking to prevent unsafe asbestos abatement practices in the case of Families for Asbestos Compliance, Testing and Safety v. City of St. Louis as well as recent efforts by the EPA and the City of Ft. Worth, Texas to test the controversial “wet method” of asbestos removal.

“My goal as an attorney has always been to help people receive the justice they deserve. I’m honored to have had the opportunity to help injured victims and their families throughout my career,” said Mr. DuBose.

Ben DuBose received his J.D., cum laude, from Texas Tech University School of Law. He is admitted to the bar and courts of Texas, Pennsylvania, the U.S. Supreme Court and the United States District Court for the Northern District of Texas. He is a member of the American Bar Association, American Association for Justice, Public Justice, Texas Trial Lawyers Association, Dallas Bar Association, Dallas Bar Foundation, Dallas Trial Lawyers Association and the State Bar College of Texas.

About DuBose Law Firm

The DuBose Law Firm, PLLC was formed to provide personalized legal services ensuring victims are adequately compensated for their losses and defendants are held accountable for their actions. While mesothelioma litigation is the primary practice area of the firm, other severe personal injury and wrongful death cases are also represented. Cases are carefully selected to make certain that each case receives the exacting attention and care that these serious cases require

Chicago, Illinois  – Ben DuBose, of DuBose Law Firm, PLLC, examined the plaintiff in a mock trial at the recent HarrisMartin Asbestos Litigation Conference, June 22^nd in Chicago, IL.  Mr. DuBose was a faculty member of this innovative national asbestos litigation conference.

This conference provided a two-day study in all phases of an asbestos trial – from jury selection to verdict.   Mr. DuBose questioned the plaintiff before a mock trial 12 member jury panel.  The jury used hand held devices to gauge their reactions in real time to all of the witnesses and phases of the mock trial.

“Sharing information that can assist other attorneys who are fighting for justice on behalf of their clients is rewarding. I’ve had the opportunity to help injured victims and their families throughout my career and want to pass that on,” said Mr. DuBose.

During his legal career, Mr. DuBose has practiced law with some of the nation’s most prominent law firms representing personal injury victims and consumers. For over a decade, he has obtained significant results for hundreds of mesothelioma victims from coast to coast.  Ben was also part of a legal team working with Trial Lawyers for Public Justice seeking to prevent unsafe asbestos abatement practices in the case of Families for Asbestos Compliance, Testing and Safety v. City of St. Louis as well as recent efforts by the EPA and the City of Ft. Worth, Texas to test the controversial “wet method” of asbestos removal.

Ben DuBose received his J.D., cum laude, from Texas Tech University School of Law. He is admitted to the bar and courts of Texas, Pennsylvania, the U.S. District Court for the Northern District of Texas and the United States Supreme Court.

About DuBose Law Firm

The DuBose Law Firm, PLLC was formed to provide personalized legal services ensuring victims are adequately compensated for their losses and defendants are held accountable for their actions. While mesothelioma litigation is the primary practice area of the firm, other severe personal injury and wrongful death cases are also represented. Cases are carefully selected to make certain that each case receives the exacting attention and care that these serious cases require. For more information about the DuBose Law Firm, visit www.DuBoseLawFirm.com.

DALLAS, TX May 1, 2009 – Ben DuBose, of DuBose Law Firm, PLLC, has been recognized by his peers as one of the  “Best Personal Injury Lawyers in Dallas”  in the May 2009 D Magazine “Best Personal Lawyers in Dallas” edition.  In 2005 he was also honored  by Law & Politics Media and Texas Monthly magazine as a “Rising Star of Texas Law”.

During his legal career, Mr. DuBose has practiced law with some of the nation’s most prominent law firms representing personal injury victims and consumers. He has obtained significant results for hundreds of mesothelioma victims from coast to coast for over a decade. Mr. DuBose has led the way to discover the asbestos-containing properties of many products previously unknown in asbestos litigation. He was also part of a legal team working with Trial Lawyers for Public Justice seeking to prevent unsafe asbestos abatement practices in the case of Families for Asbestos Compliance, Testing and Safety v. City of St. Louis as well as recent efforts by the EPA and the City of Ft. Worth, Texas to test the controversial “wet method” of asbestos removal.

“I became a lawyer to help individuals receive the justice they deserve. Fortunately, I’ve had the opportunity to help injured victims and their families throughout my career,” said Mr. DuBose.

Ben DuBose received his J.D., cum laude, from Texas Tech University School of Law. He is admitted to the bar and courts of Texas, Pennsylvania, the U.S. Supreme Court and the United States District Court for the Northern District of Texas. He is a member of the American Bar Association, American Association for Justice, Public Justice, Texas Trial Lawyers Association, Dallas Bar Association, Dallas Bar Foundation, Dallas Trial Lawyers Association and the State Bar College of Texas.

About DuBose Law Firm

The DuBose Law Firm, PLLC was formed to provide personalized legal services ensuring victims are adequately compensated for their losses and defendants are held accountable for their actions. While mesothelioma litigation is the primary practice area of the firm, other severe personal injury and wrongful death cases are also represented. Cases are carefully selected to make certain that each case receives the exacting attention and care that these serious cases require.  For more information about the DuBose Law Firm, visit www.DuBoseLawFirm.com.

Earth Day, celebrated April 22^nd, is a day designed to inspire awareness and appreciation for the Earth’s environment. U.S. Senator Gaylord Nelson helped establish the first Earth Day as an environmental teach-in in 1970 in response to growing environmental concerns of the time. 

In the decades following World War II, a vast array of chemicals and other toxic substances were introduced into the manufacturing and construction sectors on an unprecedented scale.  Many of the health risks associated with these toxins remained unknown to the general public and often hidden from workers.   However, by the late 1960s, some visible signs of pollution began to manifest themselves: polluted rivers, streams, and unclean air began to alarm average Americans. 

A groundswell of concern about the environment led to the first observance of  Earth Day on April 22, 1970.    The goal of the demonstrators was to establish a healthy, sustainable environment.

Twenty million demonstrators and thousands of schools and local communities participated in that first event.  Senator Nelson directly credited the first Earth Day with persuading U.S. politicians that environmental legislation had a substantial, lasting constituency. Many important laws were passed by Congress in the wake of the 1970 Earth Day, including the Clean Air Act, the creation of the United States Environmental Protection Agency (EPA) and the creation of the Occupational Safety and Health Administration (OSHA). 

One of the first toxic substances to be regulated by both OSHA and the EPA was asbestos.  While a natural mineral, asbestos is also a deadly substance which gained widespread use in the 20th Century as an ingredient in thousands of different construction products and everyday household items. Most people working with the “magic mineral”, as asbestos was commonly called, had no idea of its potential danger. Many companies and manufacturers did know, however, and failed to inform and protect workers, their families and the public. 

With the creation of the EPA and OSHA, great progress was made to protect workers and the  public from the hazards of asbestos.  However, because asbestos was such a common construction material it still poses a very real health hazard even in 2009 in existing buildings, homes and sadly as recent studies have shown – even in modern children’s toys and other household items which have still been sold in recent years.   The attacks of 9/11 and the destruction of the twin towers also unleashed massive amounts of asbestos dust which showered down from the buildings onto rescue workers and residents of Manhattan.  The full magnitude of the harm caused by those attacks may not be known for decades. 

The cancers caused by asbestos, including mesothelioma and lung cancer, may not develop until 15 to 50 years after an  individual is exposed to asbestos.   Therefore, even with the protections established by OSHA and the EPA,  Americans will continue to develop asbestos related diseases for decades.  An estimated 2,500 to 3000 Americans develop mesothelioma every year.

Despite the creation of the EPA, OSHA and other state and federal asbestos regulations, you may be shocked to learn that asbestos has yet to be banned in the United States.  Congress can and should pass legislation to ban asbestos-containing products and fund educational and research programs. 

So, on this Earth Day, take a moment to continue the march towards a safer environment and to help fellow Americans suffering from asbestos disease.  Ways you can help right now:

•      Make a donation to the International Mesothelioma Program, www.impmeso.org – a research group at Brigham & Women’s in Boston that is on the forefront of research to find a cure for mesothelioma.

•      Help asbestos victims and raise awareness of still existing asbestos health concerns by supporting the Asbestos Disease Awareness Organization at www.asbestosdiseaseawareness.org

•      Let your Congressman and legislators know you support an outright ban on asbestos-containing products in the United States.  See www.banasbestos.us for ways you can help. 

Tremendous strides have been made over the last four decades to improve our air, water and workplace hazards, but much work remains to be done. Challenge yourself to get involved. 

DuBose Law Firm, PLLC represents mesothelioma victims that have been exposed to asbestos.  Dallas mesothelioma lawyer, Ben DuBose,  has also fought for a better environment by opposing recent attempts to weaken asbestos abatement standards.   

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A cement company operation near Helena, Montana is investigating possible asbestos contamination at its quarry and the company has told employees they should not report for work until instructed to do so.

Tremolite, an asbestos contaminant, may be found in portions of the cement company’s quarry. Test results from samples taken by the company are still pending.  All forms of asbestos, including tremolite, cause a variety of cancers including mesothelioma and lung cancer. 

Vermiculite mined near the northwestern Montana town of Libby also contained tremolite.  A federal trial is under way in Missoula on allegations that mine operator W.R. Grace & Co. and five former company officials knowingly allowed human exposure to the asbestos, which was dispersed beyond the mine site to points all over the United States. The W.R. Grace mine closed in 1990.

For more information on the Helena, Montana quarry, see the following link:  www.forbes.com/feeds/ap/2009/03/16/ap6173604.html