Category Archives: Asbestos

Justices affirm maritime liability for manufacturers of asbestos-dependent equipment

Opinion analysis: Justices affirm maritime liability for manufacturers of asbestos-dependent equipment

Great News For Asbestos and Mesothelioma Victims

This morning’s 6-3 opinion in Air and Liquid Systems Corp. v. DeVries affirms the decision of the lower court holding that the manufacturers of asbestos-dependent equipment used on Navy ships can be held liable to sailors who became ill because of their contact with the asbestos.

Because the case involves liability for conduct at sea, the dispute arises under the “maritime law,” a type of federal common law for which the U.S. Supreme Court is the final authority. In the same way that the New York Court of Appeals is the final authority for the law of negligence in accidents that occur in New York, the U.S. Supreme Court sets the rules for tort liability when the injury occurs at sea.

Justice Kavanaugh with opinion in Air & Liquid Systems Corp. v. DeVries (Art Lien)

In this case, the injuries arise from equipment that the defendants manufactured and sold to the Navy in a “bare-metal” state. The equipment would not function properly without the application of asbestos, but the manufacturers did not themselves apply the asbestos. Rather, the Navy or its agents did. The Navy appears to have sovereign immunity from this type of liability, and the asbestos manufacturers are all bankrupt. Thus, the only people from whom the sailors can hope to recover are the manufacturers of the equipment to which the Navy applied the asbestos.

The trial court adopted a “bare-metal” defense, under which manufacturers cannot be liable for injuries from equipment (the asbestos insulation) that they did not make, sell or distribute. The court of appeals, by contrast, held that the manufacturers were liable if the harms from application of the asbestos were foreseeable. The Supreme Court, in an opinion by Justice Brett Kavanaugh, adopts a middle standard, under which the manufactures are liable if the product required incorporation of a part (the asbestos) and the manufacturer had reason to know that the integrated product would be dangerous for its intended uses.

The opinion proceeds by explaining the flaws in the two alternate approaches that persuade the Supreme Court to adopt the “required-incorporation” standard. On the one hand, the opinion expresses “agree[ment] with the manufacturers that a rule of mere foreseeability would sweep too broadly.” Kavanaugh notes that products “can foreseeably be used in numerous ways with numerous other products and parts,” and suggests that “[r]equiring a product manufacturer to imagine and warn about all of those possible uses … would impose a difficult and costly burden on manufacturers.”

Conversely, Kavanaugh also rejects the proposed “bare-metal” defense. As he explains, few quarrel with the rule of the “Restatement of Torts” that a manufacturer has a duty to warn if it “‘knows or has reason to know’ that the product ‘is or is likely to be dangerous for the use for which it is supplied.’” For the majority, there is “no persuasive reason to distinguish” that situation from the situation at hand, “when the manufacturer’s product requires incorporation of a part that the manufacturer knows or has reason to know is likely to make the integrated product dangerous for its intended uses.”

Kavanaugh also rejects the manufacturers’ argument that warning by manufacturers will be counterproductive and impractical, first by referring to economic literature suggesting that “the product manufacturer will often be in a better position [to warn] than the parts manufacturer,” and second by scoffing at the suggestion that the warning requirement will “meaningfully add” to existing disclosure obligations. Finally, Kavanaugh notes the court’s longstanding “longstanding solicitude for sailors” and suggests that the maritime context – in which the plaintiffs are “families of veterans who served in the U.S. Navy” – makes liability “especially appropriate.”

The court divides sharply on the question, with Justice Neil Gorsuch (joined by Justices Clarence Thomas and Samuel Alito) dissenting. In general, the dissenters believe that the court’s “required-incorporation” standard is lacking in “meaningful roots in the common law” and also too vague for predictable application. For that group, the bare-metal defense adopted by the district court provides a better answer.

[Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel to the respondent in this case. The author of this post is not affiliated with the firm.]

The post Opinion analysis: Justices affirm maritime liability for manufacturers of asbestos-dependent equipment appeared first on SCOTUSblog.

Asbestos plaintiffs seek friendly results in Madison County

Asbestos plaintiffs seek friendly results in Madison County county in downstate Illinois has almost three times as many asbestos-related lawsuits as any other county in the nation.

Reform advocates say it’s costing …

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Second Madison County asbestos trial this year starts; Deceased Ohio man allegedly exposed to potent crocidolite of the decedent’s children were in the audience section of the courtroom surrounded by the Simmons team.

Pridemore, of Ohio, filed his lawsuit on November 7, 2014.

Chandler told jurors Pridemore was exposed to crocidolite asbestos, also referred …

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Armstrong asbestos trust target of lawsuit’s attorney general is suing four asbestos-related trusts, including the Armstrong World Industries Inc. Asbestos Personal Injury Settlement Trust, in search of information about whether the trusts are doing enough to prevent fraudulent claims.

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Texans for Lawsuit Reform releases ‘The Story of Asbestos Litigation in Texas and its National Consequences’ – Texans for Lawsuit Reform has released its latest paper, “The Story of Asbestos Litigation in Texas and Its National Consequences,” a comprehensive look at Texas’ involvement with asbestos litigation – arguably the longest running mass-tort in …

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State AGs Probe Asbestos Bankruptcy Trusts To Recover Medicare Payments AGs cite the Medicare Secondary Payer law, a little used federal statute that carries stiff penalties for insurers and others who arrange for lawsuit settlements to be paid directly to claimants without making sure they first settle outstanding …

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Lawsuit-abuse watchdog group applauds recent House bill ROUGE
Louisiana Lawsuit Abuse Watch enjoyed seeing the U.S. House of Representatives recently pass the Fairness in Class Action Litigation and Furthering Asbestos Claim Transparency Act of 2017.

The House passed the bill, known as …

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Miami-based asbestos firm files tortious interference lawsuit
A Miami-based law firm that typically specializes in asbestos litigation has filed a lawsuit against a former client and his South Carolina attorney for allegedly interfering with a business relationship in an effort to keep …

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Lawsuit claims asbestos at state-owned building led to judge’s death lawsuit filed by late State Supreme Court associate justice Mario Ramil is moving forward.

Ramil filed the suit last October against numerous companies, claiming he was exposed to asbestos while he worked at the state-owned Princess Victoria Kamamalu …

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Ramil asbestos lawsuit takes new turn months before former Hawaii Supreme Court Justice Mario Ramil died, he sued over asbestos exposure in the state-owned Kamamalu building on the corner of King and Richards Streets.

Ramil worked in the basement offices as state insurance …

KITV story

Contractor denies mishandling asbestos in school job asbestos remediation was monitored by Universal Environmental of Framingham.

Jason Becotte, an inspector for the company, would not comment on Healey’s allegations that RM Technologies botched the asbestos removal, citing the pending lawsuit.

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House passes bill to curb class-action lawsuits in the last session of Congress, lawmakers folded the Furthering Asbestos Claim Transparency (FACT) Act into the legislation.

It requires trusts created under the bankruptcy code to file quarterly reports on their public bankruptcy dockets that …

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Asbestos Companies (Mesothelioma)


Idaho Mesothelioma Cancer Victims Center Now Open
NEW YORK, Oct. 14, 2016/ PRNewswire/– The Idaho Mesothelioma cancer Victims Center is the very best branded source for mesothelioma payment in Idaho. The Center is advising a just recently detected person with this uncommon cancer in Idaho or their relative to call them anytime at 800-714-0303 for very sound suggestions about why it is so important for them to literally have the leading compensation lawyers in the USA, especially if the identified person was exposed to asbestos on a Navy ship…

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Hurricane Matthew Leaves a Path of Property Damage and Indoor Environmental IssuesFloods can bring not just rainwater into a home, however also infections, germs and chemical impurities. Flood waters are available in contact with many structures, so sewage and possible chemical hazards may have penetrated and soaked the interior of harmed properties. Eliminating particles or reconstructing a home can trigger fibers from asbestos-containing products to become aerosolized. Inhalation threats associated with asbestos fibers include lung cancer and mesothelioma cancer. The disturbance or removal o.

Congress Moves to Ban Asbestos

And here I thought this was already a thing:
Congress Moves to Prohibit Asbestos
In a relocation that might force the hand of the U.S. Congress, California’s Democratic Senator Barbara Boxer has actually presented a costs titled S 3427– the Alan Reinstein Ban Asbestos Now Act of 2016– that would change the Hazardous Substances Control Act to consist of a total ban or restriction of using asbestos, the carcinogenic material that triggers mesothelioma cancer. The new costs likewise consists of language that would do the exact same to stop using bisphenol A (BPA) from being utilized in the manufacture of fo …
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 Poet Utilizes Words to Remember Her Dad’s Battle with Mesothelioma Motivating Stories from Courageous People Dedicated to Increasing Mesothelioma Awareness Steve Carroll was a family man and community male. Born upon Christmas Day in 1945, he was a storyteller and someone who cared deeply for those around him. “My daddy was a Zen Buddhist, a fan of poetry, a Red Sox fan,” remembers Steve’s daughter Willa, a writer and entertainer in New York City. “My daddy read The Hobbit aloud when I was a kid and did an excellent voice for Gollum. My daddy enjoyed …

Mesothelioma Compensation Center Now Makes Navy Veterans with Mesothelioma a Reality …WASHINGTON, Oct. 12, 2016/ PRNewswire/– The Mesothelioma Payment Center states, “We are now offering an US Navy Veteran, or their relative, a truth check when it concerns hiring a lawyer or law firm to assist with a mesothelioma cancer Hearing the words ..payment claim if they would call us at 866-714-6466. Our primary goal is to see to it that a United States Navy Veteran with mesothelioma gets the very best possible expedited monetary payment for this unusual form of cancer.


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Using Nanoparticles to Improve Effectiveness of Immunotherapy in Mesothelioma and Lung Cancer

Using Nanoparticles to Enhance Efficiency of Immunotherapy in Mesothelioma cancer and Lung CancerImmunotherapy for lung cancer and mesothelioma has taken the spotlight recently for treating the aggressive, perilous cancers. Survival for some clients treated with these therapies designed to kick the immune system back into equipment has been improved, but still others stay unfazed by the treatment. Now, researchers report they have found a way to “spur” specific immunotherapy treatments into action with nanoparticles. A group of researchers from the University of Chicago set out t.

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Mesothelioma cancer Victims Center Now Urges Navy Veterans with Mesothelioma to Call

NEW YORK, Oct. 10, 2016/ PRNewswire/– The Mesothelioma cancer Victims Center says,”We are passionate supporters devoted to making particular that a United States Navy Veteran who has been diagnosed with mesothelioma cancer, or their member of the family, are talking practically right away to the country’s most knowledgeable attorneys rather than playing lawyer’ wheel of fortune’on the Internet. As we want to explain anytime at 800-714-0303 , if a Navy Veteran or person with mesothelioma picks the wrong….

There are calls for tighter policies to prevent harmful asbestos material winding up in … It follows recent revelations that rubble from Hobart’s struggling Parliament Square site was dispersed to schools in Tasmania. See all stories on this subject Bills Introduced in Congress to Restriction Asbestos, BPA Different costs were recently presented in the United States House of Representatives that look for to strictly limit the use of 2 of the most contentious chemicals in the marketplace. Sen. Barbara Fighter(D-Calif.) presented the Alan Reinstein Restriction Asbestos Now Act of 2016. If passed, the costs would amend TSCA and force the EPA to impose limitations that”permanently get rid of the possibility of exposure to asbestos, “Chemical Watch reports. The bill would require that the limitations be put …


Mealey’s PI/Product Liability – Man Challenges Punitive Damages Ruling After $20M Asbestos …

Mealey’s PI/Product Liability – Guy Challenges Punitive Damages Ruling After $20M Asbestos …
CLEVELAND – A male awarded $20 million for his better half’s mesothelioma resulting from asbestos exposure from friction items told an Ohio appellate …

Standard Lawsuits 2016 Honors Kaye Scholer with Antitrust and Product Liability Awards
Furthermore, the firm was shortlisted in the Product Liability Practice Group of the Year classification, and partners Arthur Brown and Saul Morgenstern …

Mesothelioma Victim’s Family Wins $6.95 Million Verdictefense,

In spite of Aggressive Defense, Mesothelioma cancer Victim’s Family Wins $6.95 Million Decision
When you have actually been detected with an asbestos-related disease like mesothelioma, it is necessary that you have strong representation by an …

Hoverboards in flames and 7 other harmful toys
CBS ultimately recalled the product after pressure remained to install from numerous anti-asbestos groups consisting of the Asbestos Disease Awareness …
Fort Thomas negotiates crucial point for saving Army houses
Putting cash in escrow allows a third party to guarantee a developer is reimbursed for removing lead paint and asbestos without having to move …

Mesothelioma Community Celebrates FDA Approval of Keytruda for Lung Cancer Treatment

Mesothelioma Community Celebrates FDA Approval of Keytruda for Lung Cancer Treatment
Mesothelioma Assistance Featured News Mesothelioma Community Commemorates FDA Approval of Keytruda for Lung Cancer Treatment The mesothelioma neighborhood is hailing the recent U.S. Food and Drug Administration’s approval of Keytruda for innovative (metastatic) non-small cell lung cancer (NSCLC). A recent U.S. clinical trial discovered Keytruda to be reliable in managing mesothelioma tumors in three-fourths of clients, leading scientists to state the results are “motivating.”


Competitiveness Can Benefit Mesothelioma Patients

Competitiveness Can Benefit Mesothelioma cancer Patients
What encourages somebody to push himself through his recuperation? I believe all of us have an one-upmanship to us for something. It could be to be the very best salesperson, housewife, moms and dad, or to be the very best at our job, in our home or any other location we want to enhance. For some, competitors is all encompassing, for others it is a healthy motivator. I took care of a patient a few days ago who was observing another client’s recuperation. He stated, “Oh, he looks better than I do when he’s walking.


Kentucky Mesothelioma cancer Victims Center Now Offers A Diagnosed United States Navy Veteran In Kentucky …
The Kentucky Mesothelioma cancer Victims Center is prompting an identified Navy Veteran or their member of the family to call them anytime for immediate access to the …

Mesothelioma (also known as malignant mesothelioma) is one of the rare types of cancer and is acquired when a patient is exposed to asbestos. It is a kind of cancer that attacks the mesothelium, which is a thin membrane that covers some internal organs especially the lungs, abdomen, and the heart. It is known commonly to cause lung cancer. Of course we know that cancer is the most unbearable illness a patient could ever have in life. It does not only make a patient suffer physically but emotionally as well. More emotional pains are evident to the family of the victim as well; thus, it is a big burden of life.

Mesothelioma is due to a patient’s exposure to asbestos. The United States Armed Forces used asbestos to create vehicles, buildings, and ships which logically results to a lot of people exposed to this frightening mineral, from the soldiers to the workers. During the 2nd World War, many soldiers were exposed to this type of mineral. As a result, many of our veterans today have some cancers connected to this mineral.

Mesothelioma has three major types that an individual must be aware of: pleural mesothelioma, peritoneal mesothelioma, and pericardial mesothelioma.

  • Pleural Mesothelioma is the most widely known type of mesothelioma disease that exists in the lungs and can eventually turn into a lung cancer. It is a cancerous disease that affects the thin membrane that lubricates the cells on the lungs and chest. This thin membrane is called pleura. The symptoms of this disease do not appear until a long period of time, but even so, its symptoms are sometime mistakenly interpreted as pneumonia and influenza.
  • Peritoneal Mesothelioma is the next most widely known type of mesothelioma disease that affects the abdomen. This type of disease affects the lining of the abdomen called peritoneum. Some symptoms that are evident when a patient has this disease are weight loss, abdominal swelling, and bowel blockage.
  • Pericardial Mesothelioma is a disease related to mesothelioma. The tiny asbestos fiber enters a membrane of the heart called pericardium, but it is still unclear how the tiny fibers enter the pericardium. This case of mesothelioma is caused by an exposure to asbestos. Its symptoms are not evident until a long period of time after an exposure to asbestos; thus, its symptoms are sometimes interpreted as another kind of heart condition. Some of the symptoms are fatigue, pain in the chest, and some respiratory issues.

              These diseases are life-threatening but hard to diagnose that is why patients who have these symptoms are often recommended to an MRI.

Age Should Not Limit Aggressive Mesothelioma Surgery

Age Must Not Limit Aggressive Mesothelioma Cancer Surgical Treatment
Get Assist Protecting VA Benefits Get help getting veteran advantages for mesothelioma and asbestos diseases. Age needs to not be a deterrent to aggressive, potentially curative surgery for deadly pleural mesothelioma. Popular thoracic cosmetic surgeon Dr. Wickii Vigneswaran in Chicago thinks too many clients with mesothelioma cancer today are being misdirected into bypassing major surgery since of their age. Vigneswaran, a specialist for more than 25 years, wants to resolve the lingering myth that numerous clients