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Articles for 'asbestos'

US Supreme Court Holds Workers' Fear of Cancer Compensable

The court rejected Norfolk’s proposed instructions, which would have (1) ruled out damages for fear of cancer unless the claimant proved both an actual likelihood of developing cancer and physical manifestations of the alleged fear, and (2) required the jury to apportion damages between Norfolk and other employers alleged to have contributed to an asbestosis claimant’s disease.

NJ Supreme Court Upholds The Rights of Firefighters Who Suffer Lung Disease

A unanimous New Jersey Supreme Court decided that firefighters, whether paid or volunteer, may receive Workers’ Compensation benefits for developing respiratory illness and lung disease as a result of exposure to asbestos, fumes and other toxic substances encountered on the job. Decided February 11, 2002, the case of Culbert vs. City of Jersey City and its companion Lindquist vs. City of Jersey City, reversed the Judgment of the Appellate Division, which threw out the firefighter’s claims.

Combustion Engineering files for pre-packaged Chapter 11 to Resolve Asbestos Liability

 Zurich, Switzerland, February 17, 2003 – ABB Ltd. said today that its U.S. subsidiary Combustion Engineering, Inc. (CE) has filed for Chapter 11 in the Delaware bankruptcy court, based upon CE’s previously announced pre-packaged plan of reorganization.

 

US Supreme Court declines to become involved in the automakers attempt to consolidate cases in federal bankruptcy court.

GM, Ford & DaimlerChrysler lost in their attempt to transfer State court cases and Federal cases into the Federal-Mongul Corp. bankruptcy action. 

Who Is Exposed to Asbestos - Who is At Risk?
 Many occupations and lifestyles have a history of exposure to high levels of asbestos fiber. If you have engaged in one or more of the following...
The Asbestos Companies Try to Cook the Books to Avoid Payments

Asbestos, "The Miracle Mineral", was always advertised as indestructible. The intractable legacy that it has left upon the judicial system is like the mineral's everlasting physical properties and the incurable diseases that it causes. Late September 2002, only weeks before the close of the 107th Congress, Senator Patrick Leahy (D-VT.), then Chairman of the Senate Judiciary Committee, held congressional hearings concerning the status of asbestos litigation in the United States. 

 US oil services firm Halliburton has agreed to pay $4bn to settle a rash of asbestos-related compensation claims.

 US oil services firm Halliburton has agreed to pay $4bn to settle a rash of asbestos-related compensation claims.

The number of asbestos claims filed annually, the number and types of firms named as defendants in asbestos litigation, and the costs of the litigation to those defendants have all risen sharply in recent years. Given these trends, the authors examine the dimensions of asbestos litigation: How many claims have been filed? By whom? Against whom? For what kinds of conditions? At what cost and with what economic effects? And, if current trends continue, what will be the future costs of the litigation? 

The Senate Judiciary Committee held hearings
The Senate Judiciary Committee held hearings to review the state of asbestos litigation and possible changes in remedies available for injured workers...
Workers' Comp Bill Targets Rule on 'Last Employers,' Helps Dependents

The Legislature will consider a bill this fall that could increase worker's compensation benefits to dependents after an employee's death and make it easier for workers suffering from occupational diseases, such as asbestosis, to obtain benefits.

Senator Hatch’s $108 Billion trust fund won’t meet future claims. What do victims do when the trust fund runs out of money? Likely future claims range from 1.9 million to 2.4 million. A trust fund designed to pay these claims could range as high as $245 billion (adjusted for inflation). Workers today are still being exposed. Estimates don’t include current exposures. The U. S. Geological Survey estimates that more than 29 million pounds of asbestos were used in product manufacturing in 2001. 

Woman Looks Back At Her Toxic N.J. Youth

Her body's betrayals, in her 45 years, range from asthma to infertility, from miscarried quadruplets to malformed organs. She wears a scar across her throat like a necklace that binds her to others who have had thyroid tumors removed.  

Workers’ Compensation News - December 1, 2003 Volume 1 Issue 35
 ASBESTOS CONGRESS POSTPONES ACTION ON ASBETSOS COMPENSATION BILL FOR AT LEAST 4 MONTHS As the Senate rushed toward its holiday adjournment, ...
Frequently Asked Questions About Asbestos Litigation

For over 3 decades, Jon Gelman has represented thousands of individuals who have become ill as a result of exposure to asbestos fiber. He is the author of a nationally recognized treatise, now in its 3rd edition, on the subject. He has lectured extensively on asbestos litigation. On behalf of his clients he has successfully brought claims against the suppliers, manufacturers and health research groups of asbestos fiber and products. These types of claims are usually referred to as product liability cases.

History of Asbestos and the Law

Asbestos-related disease was reported in industry more than 70 years ago. Dr. H. Montague Murray in 1906 at the Charing Cross Hospital in London testified before a governmental commission inquiry about occupational disability that he had seen a man in 1898 who was very short of breath and who had worked in an asbestos factory. The man's lungs at autopsy were badly scarred. It was Dr. Murray's prediction that since the hazards of this exposure were now known, very few similar cases would occur in the future, and there was no need to provide compensation benefits.

California Supreme Court Allows Mesothelioma As Separate Case

The California Supreme Court recently decided that a special statute of limitations for injury or illness caused by exposure to asbestos does not bar an action for a second disease, mesothelioma, which was diagnosed several years after the original diagnosis of a related pulmonary condition. The asbestos worker was exposed to asbestos fiber in various industrial workplaces from the early 1940's until 1963, when he became a television repairman. 

Ergonomics: Occupational Disease - Understanding the Law

The statutory formula for compensability for occupational disease is similar to that for accidental injuries, that is, “compensation for personal injuries to or for death of such employee by any “compensable” occupational disease arising out of and in the course of the employment” Section 30. There appears to me to be three essential elements of Section 30. There must be an injury or death – due to a “compensable” occupational disease – which must arise out of and in the course of the employment. There is an exception for willful self-exposure but that exception has never been established, to my knowledge, so it is not that important.  

White Lies: Asbestos And The Damage Done

On March 9, the U.S. House of Representatives initiated markup of H.R. 1283, The Fairness in Asbestos Compensation Act. However, this bill is anything but fair to the victims and families of asbestos, and would only shield the manufacturers of deadly asbestos products from full accountability for the devastation they have caused by stripping dying and injured Americans of their legal right.  

Asbestos Fight Continues in House

Even as the battle over the asbestos industry bailout bill continues full steam ahead in the House, Senate Majority Leader Trent Lott (R-MS) and Senator John Ashcroft (R-MO), the author of the bill, in an extraordinary April 4 colloquy on the floor of the Senate, declared the Senate version of the asbestos bill dead for the year.  

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