Archive for the ‘Legal’ Category

New York Supreme Court upholds mesothelioma award

15 May 2017 by under Legal

Lady justice Dublin L 100x100 New York Supreme Court upholds mesothelioma awardThe Supreme Court of the State of has rejected the two-year appeal of a mesothelioma victim’s jury award. Nicholas Dominick will finally receive $3 million the jury awarded him for future pain and suffering from Pacemaker Steel & Piping Co. for their contribution to Dominick’s mesothelioma, according to LawyersandSettlements.com. (more…)


Alabama mesothelioma case remanded to lower court

28 Apr 2017 by under Legal, News

603px Browns ferry NPP 100x100 Alabama mesothelioma case remanded to lower courtThe U.S. Court of Appeals’ 11th Circuit is remanding a Florence, , woman’s take-home exposure case back to district court to settle a dispute over the amount of damages to be awarded, according to AL.com. (more…)


Jury awards $81.5 million against Napa asbestos exposure claim

26 Apr 2017 by under Legal, News

4178172 4178172 american justice series edited 100x100 Jury awards $81.5 million against Napa asbestos exposure claimJerry “Doy” Coogan spent a lifetime fixing up backhoes, cranes and hot rods, and a state jury recently found that his hobbies lead to his death. The jury awarded $81.5 million after determining his frequent use of Napa-brand auto parts lead to his death from mesothelioma in 2015 at age 67, according to Law 360. (more…)


Widow appeals determination of damages by timing of asbestos exposure

25 Apr 2017 by under Legal, News

480px Florida Supreme Court Seal 2014 100x100 Widow appeals determination of damages by timing of asbestos exposureIn February, Florida’s Fourth District Court of Appeals broke away from precedents set by other states, ruling Janis Kelly could not receive damages for the loss of her husband’s companionship after he died in 2015 from because prior cases in the district  had established that claims start for -related disease when symptoms appear.

Specifically, it ruled that she could not bring claims against defendants Georgia-Pacific Union Carbide Corp. because under common law loss of consortium, the parties must be married when the injury occurs to recover damages. Kelly has appealed the ruling to the Florida Supreme Court, according to Law360. (more…)


Jury awards $8.8 million in Bell Helicopter asbestos exposure case

31 Mar 2017 by under Legal

445px Altan 100x100 Jury awards $8.8 million in Bell Helicopter asbestos exposure caseA jury in Dallas award $8.8 million to the family of a Bell Helicopter employee who died from , a deadly cancer that can affect the lining of the heart, lungs or abdomen and is caused by exposure to . Asbestos was once used in many manufacturing and construction products for its heat resistance and flexibility before it was found to be a human carcinogen. (more…)


Arizona Supreme Court will review take-home asbestos exposure case

22 Mar 2017 by under Legal

OznEpzk5 100x100 Arizona Supreme Court will review take home asbestos exposure caseThe Arizona Supreme Court is set to hear oral arguments next month in a take-home exposure case, according to Legal Newsline.

The plaintiffs, Ernest V. and Mary Quiroz, allege Ernest’s father was exposed to asbestos at work and brought asbestos fibers home on his clothing, which exposed his family to the carcinogen as well. Health risks occur when asbestos fibers become airborne and are either inhaled or ingested. Ernest contracted , an asbestos-related cancer affecting the lining of the lungs, heart or abdomen, and died in 2014.  (more…)


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 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 cancer 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 asbestos injury . The bill, the Furthering Asbestos Claim Transparency Act of 2017 (FACT Act) 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-) 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 asbestos, 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 , 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 asbestos 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, .

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…)