Archive for the ‘Legal’ Category

Widow’s damages determined by timing of asbestos exposure

3 Mar 2017 by under Legal

Florida dca map1 100x100 Widows damages determined by timing of asbestos exposureFlorida’s Fourth District Court of Appeals broke away from precedents set by other states last month, ruling a widow could not receive damages for the loss of her husband’s companionship after he died from .

According to the Daily Business Review, the court ruled 2-1 that construction worker John Kelly’s widow, Janis, cannot recover damages under Florida’s Wrongful Death Act for the loss of her husband’s companionship because his asbestos exposure occurred a few years before their 1976 wedding. The two had been married for nearly 40 years when he died in 2015 from mesothelioma, a deadly linked to the inhalation or ingestion of asbestos. (more…)


House Judiciary Committee approves controversial FACT Act to regulate asbestos trusts

20 Feb 2017 by under Legal, News

United States House of Representatives 2017 100x100 House Judiciary Committee approves controversial FACT Act to regulate asbestos trusts

The House Judiciary Committee approved a bill last week targeting  injury compensation. The bill, the Furthering Asbestos Claim Transparency Act of 2017 () or H.R. 906, claims to “weed out unmeritorious class action claims,” according to Forbes. The act, which met tough opposition during its last run, was reintroduced by Rep. Blake Farenthold (R-Texas) this year in hopes a Republican majority in Congress would see the bill signed into law by the Republican president.

H.R. 906 passed the committee by a 19-11 vote. And though it has managed to slip back onto the docket, all of the previous opposition still applies, as Legal Newsline confirmed it was the same version as last year’s bill. (more…)


Residency during mesothelioma diagnosis crucial to application of law, judge says

9 Feb 2017 by under Legal

445px Altan 100x100 Residency during mesothelioma diagnosis crucial to application of law, judge saysFor some, potential exposure to , a known human carcinogen used in a wide variety of products and trades, occurs over a lifetime—each job runs the risk of exposure. What happens if that exposure occurs in different states during a person’s career and he eventually develops mesothelioma? A judge had to determine the answer to that question last month when, in a pending case, asbestos exposure allegedly occurred in both and Virginia, according to Lexis Legal News. (more…)


Asbestos removal class action in Kansas City settles for $80M

28 Oct 2016 by under Legal

Gavel Scales of Justice American flag square 100x100 Asbestos removal class action in Kansas City settles for $80MA class action lawsuit involving a nearly 30-year-old removal project in , Kan., and about 7,500 exposed claimants has been settled for $80 million. Despite being scheduled to go to trial this week, the county ended up reaching an agreement with the group responsible for the asbestos removal, U.S. Engineering.

The $80 million settlement agreed upon will be divided up with $25 million for attorney’s fees and litigation costs and the remainder for a medical monitoring fund for the claimants. As many asbestos experts know, there is no safe level of exposure to asbestos. The medical fund would allow those who were exposed to asbestos from 1983 to 1985 in the Jackson County Courthouse to be eligible for diagnostic tests monitoring their status in case an asbestos-related disease was to occur. (more…)


Louisiana lawsuit claims man’s mesothelioma diagnosis linked to workplace asbestos exposure

27 Jul 2016 by under Legal

asbestos warning Louisiana lawsuit claims mans mesothelioma diagnosis linked to workplace asbestos exposureBeing exposed to a toxic substance while on the job is a familiar reality for many unsuspecting workers; however, it isn’t until someone is diagnosed with a deadly condition when it is revealed they’ve been working in an unsafe environment.

Gistarve Joseph Sr. has now filed suit against Huntington Ingalls Industries, American Motorists Insurance Co., American Employer’s Insurance Co., OneBeacon America Insurance Co., et al., upon learning he developed mesothelioma following years of exposure. The lawsuit was filed in ’s Orleans Parish District Court on June 8. (more…)


ADAO pushes for asbestos ban following TSCA reform

29 Jun 2016 by under Legal, News

adao logo ADAO pushes for asbestos ban following TSCA reformOn June 22, President Obama made history by changing the future of chemical exposure by signing into effect the Frank. R Lautenberg Chemical Safety Act, amending the Toxic Substances Control Act (TSCA) for the first time since 1976. However, according to the Disease Awareness Organization (ADAO), the Environmental Protection Agency (EPA) must act quickly by making asbestos one of its first 10 chemicals under evaluation.

“The success of the Chemical Safety Act hinges on the EPA’s ability to prioritize asbestos in the first 10 hazardous chemicals and to expeditiously ban asbestos,” ADAO co-founder and president Linda Reinstein told Bloomberg BNA. (more…)


TSCA reforms signed into law under the Frank R. Lautenberg Chemical Safety for the 21st Century Act

23 Jun 2016 by under Legal

Obama signs bill TSCA reforms signed into law under the Frank R. Lautenberg Chemical Safety for the 21st Century ActSince 1976, the Toxic Substances Control Act (TSCA) has been the root of countless health hazards, including more than 84,000 dangerous chemicals that have been allowed into commerce. However, after decades of hard work, President Barack Obama has signed into law extensive reforms to the TCSA that will allow the U.S. Environmental Protection Agency () to better protect Americans’ lives. (more…)


Asbsetos could be prioritized in TSCA reform legislation, Sen. Boxer says

20 May 2016 by under Legal, News

Sen Barbara Boxer courtesy ADAO 100x100 Asbsetos could be prioritized in TSCA reform legislation, Sen. Boxer saysWith nearly 15,000 Americans dying from -related diseases annually, the Toxic Substance Control Act () of 1976 has been responsible for damaging the lives of U.S. families for decades. However, thanks to the unyielding efforts of Sen. Barbara Boxer, the reformation of the TSCA is finally in sight. (more…)


Firefighter Cancer Registry Act of 2016 aims to examine cancer risk linked to the job

23 Mar 2016 by under Legal

firefighters at WTC site 100x100 Firefighter Cancer Registry Act of 2016 aims to examine cancer risk linked to the jobThe link between firefighting and certain forms of may not be something you’ve considered, but it is definitely relevant to those working to keep the U.S. safe. That’s why Rep. Richard L. Hanna, (R-NY) introduced a new federal bill to help better our nation’s understanding of the incidence of various cancers in by developing “a voluntary patient registry to collect data on cancer incidence among .” (more…)


FACT Act sees multitude of opposition; hearing set for this week

2 Feb 2016 by under Legal

Capitol 2004 by Ron Reznick digital images.net  100x100 FACT Act sees multitude of opposition; hearing set for this week Introduced by Senator Jeff Flake (R-AZ), S. 2319, also known as the Furthering Asbestos Claim Transparency (FACT) Act, claims to increase the transparency in the legal process for  of asbestos victims. But veterans, teachers and even first responders are speaking out against the legislation, saying that it would require asbestos victims to share too much personal information in order to receive reparations. (more…)