Posts Tagged ‘Georgia’

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 asbestos-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…)

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 exposure’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 mesothelioma.

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 cancer linked to the inhalation or ingestion of asbestos. (more…)

Asbestos ruling in Texas gives hope for future mesothelioma plaintiffs

22 Jul 2014 by under Legal

Gavel Scales of Justice American flag square 100x100 Asbestos ruling in Texas gives hope for future mesothelioma plaintiffsThe Supreme Court just pushed back against asbestos plaintiffs by raising the burden of proof to show that the defendant’s products caused ; however, the plaintiffs avoided a situation that attorneys believed would have voided all asbestos lawsuits. (more…)

Mesothelioma-related lawsuits recently filed in Louisiana due to workers’ exposure to asbestos

8 Jul 2014 by under Legal, News

Gavel Scales of Justice American flag square 100x100 Mesothelioma related lawsuits recently filed in Louisiana due to workers exposure to asbestosSeparate lawsuits were filed in Louisiana recently due to the development of in two unsuspecting individuals – engineering clerk James Capdeboscq and Stanley Gaudet, a former union president who is now deceased. (more…)

Ohio Supreme Court changes the rules for asbestos victims

16 Oct 2008 by under Legal, News

A friend of mine just sent me this :

The Ohio Supreme Court has ruled that a 2004 law imposing stricter rules on those suing for -related injuries can be applied to cases pending before the legislation was passed, a move that could frustrate thousands of people seeking claims.

The 6-1 decision Wednesday means that many of the 40,000 Ohio cases filed before the law was enacted are likely to be dismissed. It also has potential ramifications in Florida, Georgia, Kansas and other states that have sought to use such laws to reduce litigation related to the cancer-causing substance.

Am I the only one that finds it incredible that all this legislation is being passed to protect businesses, while legislation intended to protect consumers has been stalled for over 10 years?

I am very interested to hear your opinions on this developing story. Please use the comment feature, below.

Read the full story here:

Hamilton Jordan, Pres. Carter’s chief of staff, dies of mesothelioma

22 May 2008 by under News

hamilton jordan 2 Hamilton Jordan, Pres. Carters chief of staff, dies of mesotheliomaHamilton Jordan 1944-2008. Hamilton Jordan, who served as President Jimmy Carter’s chief of staff, died Tuesday, May 20, after a battle with .

This was the fourth time Jordan battled cancer. In the 1980s, he was diagnosed with leukemia lymphoma. About 10 years later, he was diagnosed with prostate cancer. He also had two battles with skin cancer. In 2000, Jordan wrote a book about his experience with cancer, titled “No Such Thing as a Bad Day,” which provided inspiration to cancer survivors.

He and his wife, Dorothy, founded Camp Sunshine, a nonprofit camp for children with cancer, and Camp Kudzu, a nonprofit camp for children with Type 1 diabetes. Jordan also founded the Georgia Cancer Coalition, a $1 billion organization funded by tobacco settlement money.

The Atlanta Journal-Constitution has published the following statement from Jordan’s family:

The Jordan Family greatly appreciates the overwhelming amount of love and support we have received from our friends during the many difficult years of Hamilton’s illness. We are saddened beyond words at his , but we are also at peace knowing that he is finally comfortable after years of fighting an incurable disease. A truly unforgettable person, Hamilton will be remembered as a compassionate, brilliant, and selfless human being who touched so many lives with his limitless generosity.

In lieu of flowers the family asks that your donations be sent to any of the following charitable organizations:

The Hamilton Jordan Mesothelioma Research Fund at the University of Maryland-Baltimore Foundation, University of Maryland Greenebaum Cancer Center, 100 North Green Street, Suite 600, Baltimore MD 21201

Camp Sunshine, 1850 Clairmont Road, Decatur, GA 30033, enriching the lives of children with cancer through recreational, educational and support programs throughout the year

Camp Kudzu, 4279 Roswell Road, Suite 102, Box 254, Atlanta, GA 30342, providing education, recreation and peer-networking programs for children with diabetes

Community Advanced Practice Nurses, Inc., 173 Boulevard NE Atlanta GA 30312, offering free mental and physical healthcare to the homeless and medically underserved.

A memorial service for Hamilton Jordan, White House chief of staff during the Carter administration, will be held with family and close friends at 2 p.m. on Friday, May 23, at The Carter Center. Seating begins at 1 p.m. President Carter as well as other friends and colleagues over the years, will offer remarks and reminiscences. The event will not be open to press coverage.

$20 million verdict for Meso victim

12 Mar 2008 by under Legal, News

Mesothelioma Victim Wins $20 Million Verdict in Asbestos Lawsuit

SAN FRANCISCO –(BusinessWire)—A , Texas-based law firm today announced a $20 million civil verdict in an asbestos lawsuit on behalf of Joan Mahoney, 69-year-old victim of mesothelioma, a painful and debilitating form of cancer affecting the lining of the lungs, and Daniel Mahoney, her husband of 42 years. The jury attributed 30 percent of the $20 million liability to defendant Corp.

Attorneys represented Joan and Daniel Mahoney before Judge Thomas Mellon in San Francisco County Superior Court.

Mrs. Mahoney, a San Francisco native, spent much of her career in real estate and show business. Her singing career spanned 30 years and took her around the world seven times on USO tours. But it was her work in the part-time family construction business that exposed Mrs. Mahoney to Georgia Pacific’s asbestos-containing joint compound, the suit established. Together, Mrs. Mahoney and her husband, who was also a math teacher, built and remodeled over 200 houses in the 1970s, 1980s and 1990s.

The evidence at trial showed that Georgia Pacific knew from the moment it entered the asbestos business that asbestos exposure causes disease. Years before the Mahoneys first used Georgia Pacific’s asbestos-containing joint compound, Georgia Pacific knew that its product posed a substantial risk to workers.

Not until the government banned certain uses of asbestos in 1977, after the Consumer Product Safety Commission said that exposure to asbestos-containing joint compound for as little as six hours a day, four times per year could result in thousands of people developing cancer, did Georgia Pacific stop selling asbestos containing joint compound.

The damage caused by asbestos exposure can take decades to surface. Mrs. Mahoney was diagnosed with mesothelioma in 2006—35 years after her first exposure to Georgia Pacific’s product. She continues to fight the painful disease that experts say will cause great suffering and eventually kill her.

Published March 12, 2008 in BusinessWire.