Posts Tagged ‘dallas asbestos lawyer’

CNA Transfers Asbestos Liabilities

Tuesday, August 31st, 2010

Commercial insurer CNA Financial Corp. has completed its transfer of $1.6 billion of asbestos and environmental pollution liabilities to a subsidiary of Warren Buffett’s Berkshire Hathaway Inc.

As a result, CNA said it expects to recognize an after-tax loss of approximately $370 million for the current quarter.

CNA Financial has said the deal eliminates “a significant source of uncertainty” for the Chicago company, which is primarily owned by Loews Corp., a conglomerate controlled by New York’s Tisch family.

Pennsylvania Supreme Court Rules in Favor of Smoking Lung Cancer Asbestos Victims

Thursday, July 29th, 2010

The Pennsylvania Supreme Court has ruled that two plaintiffs alleging that exposure to asbestos caused their illnesses cannot have their cases dismissed on summary judgment simply because the plaintiffs’ doctor opined that their illnesses are attributable both to exposure to asbestos and to smoking.

According to the plaintiffs’ attorney, the court’s ruling in Summers v. Certainteed Corp. and Nybeck v. Union Carbide Corp. could impact many cases beyond asbestos litigation by setting the standard of review of summary judgments as a de novo review, rather than an abuse of discretion standard of review.

Justice Max Baer, writing for a majority including Chief Justice Ronald D. Castille and Justices Debra Todd and Seamus P. McCaffery, overruled a prior Superior Court ruling, Quate v. American Standard Inc.

 

In that 2003 case, the Superior Court ruled that when a plaintiff has symptoms that could arise from exposure to asbestos, as well as from another malady, “‘the existence of those non-asbestos-related medical conditions negate his ability to establish the necessary causal link between his symptoms and asbestos exposure,’” Baer said.

The Supreme Court rejected the bright-line rule implied in Quate — that plaintiffs should be precluded from recovery when their breathlessness and other symptoms could be attributable to diseases, some of which are caused by asbestos exposure and some of which are due to other causes.

Baer said such issues of causation, when backed by “reasonably certain expert opinions,” should survive summary judgment and go to juries to determine causation.

“Under this commonwealth’s jurisprudence, where it is clear that reasonable minds could differ on the issue of causation, precluding asbestos litigants from pursuing causes of action, supported by competent medical evidence, merely because of the existence of competing health conditions, is unsustainable,” Baer wrote.

Libby Asks EPA To Finish Asbestos Clean Up

Saturday, July 10th, 2010

Montana’s congressional delegation is seeking assurances from the U.S. Environmental Protection Agency that the government will not leave the asbestos-contaminated town of Libby before its cleanup is complete.

At least 400 people have died in rural Libby from contamination caused by a now-closed W.R. Grace vermiculite mine. Vermiculite from the Grace mine was contaminated with naturally occurring asbestos .Exposure to asbestos can cause a number of diseases in humans including lung cancer and mesothelioma .

U.S. Sens. Max Baucus and Jon Tester and Rep. Denny Rehberg have asked the EPA to clarify its plans for the 3,000-person town. In separate letters sent in recent weeks, the lawmakers prodded the EPA to complete a long-delayed study of Libby asbestos.

They also wanted the EPA’s pledge to return to areas already cleaned if the study shows the health danger is worse than previously thought.

A June report by the Government Accountability Office listed Libby as one of 75 Superfund sites across the United States with health risks that are considered unacceptable. For Libby, that public danger is expected to last through at least 2015.

Last year, Libby became the first Superfund site ever declared as a public health emergency.

Agency spokesman Ted Linnert said the cleanup method proposed for the town park — placing a soil “cap” over what was once a processing site for Grace vermiculite — should be effective no matter the results of the risk assessment.

The cap is meant to keep people from inhaling or ingesting asbestos, which can cause cancer, lung scarring and other health problems.

Linnert added that the first two areas slated for cleanup would be reviewed after no more than five years to make sure the agency’s actions were effective.

Asbestos containing vermiculite was sold as attic insulation to millions of homes across the United States. Locally, in Libby, the material was used across the town in numerous applications including in homes, businesses, baseball diamonds, the running track at the high school and tilled into backyard gardens. Decades of activity at the Grace mine produced so much dust that hazardous asbestos is now embedded in the barks of trees that cover the surrounding mountains.

Illinois Man Pleads Guilty to Asbestos Violations

Tuesday, July 6th, 2010

An Auburn, Illinois man, has been fined and sentenced to probation for placing Virden, Illinois residents at risk of asbestos exposure when he remodeled a nursing home without determining whether the extensive work would result in asbestos exposures for the residents.

The man was sentenced in Macoupin County to 18 months probation and 90 days in jail. He must also perform 100 hours of community service, and pay $5,000 in fines.

Daniel Merriman, of the Illinois Environmental Protection Agency (IEPA), issued the following comment on the punishment: “It was a just sentence that takes into account the seriousness of the offense, the hazard that was created and the potential risk to the neighbors and the community.” Merriman also added, “People tend not to take the asbestos issue seriously.”

The Illinois EPA investigated the case after obtaining knowledge that the former Virden Nursing Home was being rennovated without properly inspecting and removing the materials containing asbestos. The owner also apparently failed to notify the IEPA of the toxic material.

These careless actions have put Virden residents at risk for contracting several asbestos related diseases. Inhalation of asbestos fibers can result in asbestosis, lung cancer and mesothelioma , a cancer most typically seen in the lining of the lung.

Next Generation Ministries pleaded guilty to improper asbestos removal, and its Vice President pleaded guilty to a misdemeanor, failure to prove notification of demolition or renovation.

DuBose Law Firm Salutes America’s Veterans

Sunday, July 4th, 2010

DuBose Law Firm salutes our veterans on this 4th of July.  Throughout history the brave men and women of the U.S. Armed Forces have fought and died to protect our freedom.   Tragically, not only have veterans faced deadly threats from our enemies, but also from aboard their own ships, aircraft or other machinery.

US Navy veterans who served from World War II through Vietnam faced a deadly threat from the asbestos aboard their own ships. Decades later, that danger has surfaced in the form of asbestos related disease. Of the 2,500 to 3,000 Americans diagnosed annually with malignant mesothelioma, a significant percentage of those individuals served in the U.S. Navy.

From the 1940s through the 1970s, asbestos was used in virtually every area of naval ships in hundreds of applications including: fireproofing, steam lines, pumps, boilers, condensers, evaporators, distillers, turbines, deck material, and electrical equipment.

Aircraft mechanics also had exposure from performing brake repairs on certain military aircraft as well as in the engine and exhaust systems of certain planes. Similarly, motor pool mechanics from the 1940s through the 1970s may have had exposure to asbestos performing brake jobs and other maintenance work on jeeps, trucks and other equipment.

To all current members of our armed forces and all of our veterans –thank you for serving in harm’s way in the defense of freedom and liberty. God bless you and God bless America.

Two Contractors Indicted for Improper Asbestos Handling

Thursday, July 1st, 2010

Two Kansas City, Missouri men have been indicted by a federal grand jury on charges of improperly handling asbestos. The allegations stem from April 2001 to July 2006, during which time the men had been illegally removing and disposing of the asbestos-contaminated materials.

The grand jury found that the men, violated the federal Clean Air Act, and are subject to sentences of up to seven years in prison, and fines of up to $500,000 if convicted.

The federal charges allege the two developers improperly removed and disposed of the asbestos while working on the Citadel Plaza project.

Asbestos is a naturally occurring fibrous material most commonly exploited for its fire retardant properties. When asbestos is disturbed, the toxic material becomes airborne–posing a serious to health threat to those exposed.

Asbestos exposure can lead to the development of asbestosis, lung cancer and mesothelioma, a cancer of the lining of the lung.

Canadian Health Organizations Say Stop Exporting Asbestos

Wednesday, June 30th, 2010

Canadian national health organizations are now joining the international call for the Canadian government to ban the use and export of asbestos. Today, the Canadian Public Health Association (CPHA), the Canadian Medical Association (CMA) and the National Specialty Society for Community Medicine (NSSCM) are calling on the federal and provincial governments to stop mining asbestos and to ban its export.

Canada continues to provide financial support for the asbestos industry and actively promotes Canadian exports to the remaining markets for asbestos – developing countries  that lack regulations, work place safety regulations and public awareness to protect asbestos workers and their families.

More than 40 countries, including all member states of the European Union, have banned the use of all forms of asbestos. Earlier this year, scientists from around the world issued an open letter imploring  Canada to stop exporting this deadly mineral to other parts of the world.

“It’s inconceivable that we would restrict the use of asbestos in our own country but continue to export this hazardous product around the world,” says Dr. Anne Doig, President of the Canadian Medical Association.

For more information see Canadian News Wire  article. Want to do more to stop the export of asbestos from Canada? See International Ban Asbestos Secretariat

New Research On Asbestos Cancer Development

Tuesday, June 29th, 2010

Reports of asbestos disease began appearing on a regular basis in the medical literature as early as the 1930s. Thousands of Americans continue to be diagnosed each year with asbestos cancers such as mesothelioma and lung cancer.  Yet, researchers still don’t know the exact steps the body takes to initiate the development of asbestos-related cancers.

Findings related to this issue appear in a study published in the current issue of Proceedings of the National Academy of Sciences, USA.  Abstract of the study available here.

This study found that when asbestos kills human cells, it does so by inducing a process called “programmed cell necrosis” that leads to the release of a molecule called high-mobility group box 1 protein (HMGB1). HMGB1 starts an inflammatory reaction that causes the release of mutagens and factors the promote tumor growth.

The researchers propose that it may be possible to decrease cancer incidence or decrease tumor growth rate by interfering with the inflammatory reaction process caused by HMGB1. Additional research and experimental testing will be required to test the study’s hypothesis.

Australian Asbestos Company Moves to Ireland

Friday, June 18th, 2010

James Hardie, an Australian maker of fiber cement building products, which generates most of its earnings from US sales, has completed the restructuring of the corporation as an Irish entity for tax and management reasons, says a Hardie spokesman.

The company, which originally moved from Australia to the Netherlands in 2001, had also become involved in disputes with Australian and U.S. authorities over its asbestos liabilities.

James Hardie, for much of the 20th century, was involved in the manufacture, distribution and mining of asbestos and asbestos containing construction products. With numerous asbestos manufacturing plants in Australia, the James Hardie asbestos product line has been credited as a significant source of Australia’s asbestos epidemic. Australia has one of the highest rates of asbestos-related disease in the world; it is estimated that between 30,000 and 40,000 people will have contracted an asbestos-related disease in Australia (including mesothelioma and lung cancer) by 2020. See American Journal of Industrial Medicine 

The company has said the move to Ireland will not affect its commitment to contribute to the Asbestos Injuries Compensation Fund.

For more information on the corporate move see the Wall Street Journal

Congoleum’s Asbestos Bankruptcy Plan Approved

Wednesday, June 9th, 2010

Congoleum Ad - 1930s

Flooring giant, Congoleum Corp.’s bankruptcy reorganization plan was approved Tuesday by a U.S. District bankruptcy court.
Congoleum sought Chapter 11 protection Dec. 31, 2003 as a result of its own asbestos-laden floor tiles which it sold for decades. As a result, thousands of asbestos victim claims were pending against the floor tile manufacturer at the time of the filing. Inhalation of asbestos fibers, even from the cutting, scraping or sanding of asbestos containing floor tiles, can result in malignant mesothelioma, a cancer of the lining of the lung as well as lung cancer.
Under the plan, the company will give 50.1% of the stock in the reorganized Congoleum to a trust to pay present and future asbestos victims. The trust will also get approximately $235 million from court-approved asbestos insurance settlement agreements as well as additional asbestos insurance coverage funds.