Lawsuit Settlements News

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4/7/11, “Oklahoma Mesothelioma Lawyer” The state of Oklahoma had an economy fueled by the oil industry. This has left a legacy of asbestos use due the mineral’s resistance to heat and flame, and a growing number of people suffering from asbestos-related diseases. A group of mesothelioma attorneys Oklahoma have begun to help fight for the financial compensation of those afflicted. There are no records of any recent mesothelioma lawsuits Oklahoma. However, that does not mean that the state does not have asbestos cases or asbestos-related injury. Gertrude Lowe filed a $200,000 suit with the help of her mesothelioma lawyer Oklahoma in 2007 against 107 defendants in Madison County Circuit Court on June 21, 2007. Lowe alleged that she developed mesothelioma indirectly through asbestos on her family’s clothing. Lowe’s suit alleged that her father and late husband both worked in the army and were exposed to asbestos products. The suit claimed that the defendants, while knowing about asbestos’s toxicity, intentionally included the material in their products. The suit also alleged that the defendants failed to provide accurate warnings and safety guidelines for people working around asbestos, used asbestos in products even though substitutes were available, and did not run tests on the products that contained asbestos. Lowe further claimed that the defendants destroyed all files with evidence regarding asbestos exposure on their work premises. A similar mesothelioma lawsuit Oklahoma was made in February, 2007 by Lisa Rawlings, and her mesothelioma attorney Oklahoma, who filed a suit for more than $300,000 in compensatory and punitive damages against 84 companies, alleging that their negligence led to her being diagnosed with mesothelioma. Rawlings claimed she was exposed to asbestos during automotive and home projects, alleged that she also was subject to repeated exposure to asbestos dust because her family members worked with and around asbestos and asbestos-containing products. Rawlings’ father was a mechanic and her husband was a welder, and she claimed that her husband and her father brought homes asbestos fibers on their clothing, allowing her to be exposed to the asbestos. Rawlings’ lawsuit accused the defendants of failing to instruct employees on how to prevent carrying the dust home on their person. She further alleged that her inability to obtain information from the defendants and to receive full disclosure of relevant documents was because the defendants destroyed documents related to asbestos. By destroying the documents, which the case claimed the defendants should have known would be considered evidence in asbestos litigation, the defendants breached their duty to preserve material evidence; Rawlings’ suit claimed that this reduced her ability to prove her claims and to recover damages. A further mesothelioma settlement Oklahoma was filed in Madison County Circuit Court by the estate of Randy Stone, 30 defendant corporations were named. The suit alleged that Stone suffered asbestos exposure while employed as a laborer, pipe-maker, machinist and quality control manager from 1950-2005. The suit claimed that the defendants used asbestos in their products even though they knew asbestos fibers would damage the health of people absorbing them and that they included asbestos in their products even though adequate substitutes were available. The suit further alleged the defendants provided no warnings to those working with or around asbestos and failed to conduct tests on products containing asbestos in order to determine the risks to workers. The suit sought a minimum of $250,000 in damages for, among other allegations, negligence, conspiracy, willful and wanton acts, and negligent spoliation of evidence. Individuals considering filing for mesothelioma settlements Oklahoma should know that the statute of limitations for personal injury law in Oklahoma is two years by means of a discovery rule that states that this amount of time begins when the problem either was discovered or should have been discovered. Wrongful death cases fall under the same rule. This makes it crucial to find one of the qualified mesothelioma lawyers Oklahoma as soon as possible.

4/7/11, “Ohio Mesothelioma Lawyer” Ohio requires asbestos victims to have been diagnosed with a disease before they can win mesothelioma settlements Ohio; those who were only exposed to asbestos without injury cannot file a claim at that time.

Many prominent asbestos cases that took place in Ohio have returned a pro-plaintiff verdict. These include Blandford v. Garlock, Inc., filed in Cuyahoga City by a mesothelioma lawyer Ohio.

An additional case was Thornton, et al. v. A-Best Products, et al., ruled that a medical criteria bill concerning the types of asbestos claims that may continue to trial should not be applied retroactively to the claims of 11 asbestos plaintiffs. The court ruled that the plaintiffs’ claims filed by their mesothelioma attorney Ohio should proceed to trial under the law prior to the Act. The Ohio Court of Common Pleas for Cuyahoga County found in January, 2005, that the Act impaired the rights of the plaintiffs. While the original case was working its way through the courts in 2004, Amended Substitute House Bill 292 was enacted, prompting the defendants to move that the 11 lawsuits be taken off the trial list. The intention of House Bill 292 was to give priority to asbestos claimants who exhibit actual physical injury caused by asbestos. It classified plaintiffs into those asserting claims based on non-malignant conditions, those who are smokers and suffer from lung cancer, and those asserting a wrongful death claim. The Common Pleas Court noted in its ruling that the Ohio Constitution prohibits the passing of retroactive laws and protects existing rights from new legislative encroachments.

Sadly, not all mesothelioma lawsuits Ohio has been decided in favor of the plaintiffs. The Ohio Supreme Court has ruled that federal locomotive safety laws do not allow asbestos victims to make claims against train manufacturers in Ohio state courts. This decision affirmed a lower court’s decision to bar about 2,000 former railway workers and their mesothelioma lawyers Ohio from adding train manufacturers to their separate lawsuits against nearly 60 companies that made, sold or used asbestos. The workers claimed they were exposed to asbestos while working in or maintaining rail cars. According to the court, the decision was not a comment on the validity of the workers’ claims; however, because of the Federal Locomotive Boiler Inspection Act, the claims were deemed irrelevant and futile because the Act pre-empts state-law tort claims against railroad manufacturers. They also said lower courts in Ohio have great discretion in deciding whether new defendants should be added to an existing lawsuit and that a plaintiff challenging such a decision had to show that it was unreasonable, arbitrary or unconscionable. A justice who disagreed with the ruling said that since the claims dealt with products no longer in use rather than current railroad equipment, they were not in danger of intruding into federal domain.

Individuals considering seeking a mesothelioma settlement Ohio should know that the statute of limitations for personal injury law in Ohio is two years with a discovery rule that states that this amount of time begins when the problem either was discovered or should have been discovered. Wrongful death cases fall under the same statute of limitations and discovery rule. Those suffering from an asbestos related cancer are advised to contact one of the mesothelioma attorneys Ohio as soon as possible after diagnosis.

4/7/11, “North Dakota Mesothelioma Lawyer” The state of North Dakota has the lowest number of fatalities due to asbestos-related diseases. This distinction comes with the catch that the state has one of the smallest populations as well. Oil refineries, power-plants and vermiculite shipped in from Libby were all major cause for the states exposure levels. Even with a low population, there are still mesothelioma law firms North Dakota available to aid the affected.

North Dakota has a number of known asbestos-contaminated areas. Individuals living or working near these areas should be checked regularly for signs of mesothelioma in order to file any lawsuits within the state’s statute of limitations, and be sure to contact a mesothelioma lawyer North Dakota as soon as possible after a diagnosis in order to avoid missing any potential deadlines. While many of these sites have been inspected and some have been cleaned up, anyone who worked or lived in these areas before asbestos contamination was reported can still be affected.

The only recent mesothelioma lawsuit North Dakota on record is Bumgarner et al v. Bowman Sales & Service Inc. et al.

An older, but still key example of mesothelioma lawsuits North Dakota is Anderson v. A.P.I. Company of Minnesota. In this case, Owens-Corning Fiberglas Corporation appealed an $85,000 pro-plaintiff jury verdict in the North Dakota Supreme Court. The suit stemmed from a suit filed by Richard C. Anderson, who between 1959 and 1985 worked with boilers at the Minot Air Force Base. His job required him to handle pipe containing asbestos products, which was manufactured by Owens-Corning. During 1991, Anderson was diagnosed with asbestosis and had his mesothelioma attorney North Dakota filed suit against a number of companies, including Owens-Corning. After the jury returned a pro-plaintiff verdict, the company appealed, and the Supreme Court of the state found that the jury’s award of $25,000 for past economic damages was not supported by the evidence which was presented. Owens-Corning claimed the only evidence the plaintiff presented about past economic loss consisted of medical bills totaling less than $18,000. As a result of the ruling, the jury’s reward was reduced.

An additional crucial ruling in the state took place in 1999 before the Supreme Court of North Dakota. In that case entitled Black v. Abex Corp., Rochelle Black had brought a suit against 48 asbestos manufacturers, alleging that her husband, Markus Black, had died of lung cancer due to the handling of asbestos products manufactured by these defendants. Markus was an Air Force auto mechanic from 1971 to 1986. He died of lung cancer in 1991; Rochelle Black’s mesothelioma attorneys North Dakota alleged that his lung cancer was caused by asbestos exposure at his workplace. A court initially dismissed her wrongful death and survival claims, but Black appealed before the Supreme Court of North Dakota. That court concluded that since Black had not asserted that she had included as defendants all possible manufacturers of the asbestos-containing products to which her husband was exposed during his career as a mechanic, alternative liability was inapplicable in the case. The Supreme Court of North Dakota therefore affirmed the lower court’s dismissal of Black’s market share and alternative liability claims.

Individuals considering filing for a mesothelioma settlement North Dakota should know that the statute of limitations for personal injury law in North Dakota is two years with a discovery rule that states that this amount of time begins when the problem either was discovered or should have been discovered, and therefore are encouraged to contact one of the mesothelioma lawyers North Dakota as soon as possible. Wrongful death cases fall under the same statute of limitations beginning with the date of death and including the standard discovery rule. There is a special provision for asbestos that increases the statute of limitations to three years from the date of discovery, making filing plaintiff-friendly.

4/6/11, “North Carolina Mesothelioma Lawyer” North Carolina has several power plants that exposed workers to asbestos, particularly chrysotile. Since it is on the coast, known asbestos locations included shipbuilding sites. Many of the workers who suffered from a disease after the asbestos exposure sought to earn a mesothelioma settlement North Carolina.

There were fifty mesothelioma lawsuits North Carolina from 2006 and 2007. Aqua-Chem Inc. is a major defendant, with only three cases where they are not a defendant.

As a product of working with asbestos materials on the job, inn 2002, Raymond Williams was diagnosed with mesothelioma, so his mesothelioma lawyer North Carolina filed a suit against his employer, CSX Transportation, Inc.

If interested in pursuing a mesothelioma lawsuit North Carolina, one should know that the statute of limitations is three years from act that causes the injury or the discovery of the injury, whichever comes first, with a maximum of ten years difference. This means that those individuals diagnosed with mesothelioma need to hire a mesothelioma attorney North Carolina and bring suit prior to ten years from proven exposure to asbestos. Wrongful death cases have a two-year statute of limitations. There are no specific statutes on mesothelioma settlements North Carolina, or about asbestos.

4/6/11, “New York Mesothelioma Lawyer” New York is a state that has a long and detailed history with the deadly mineral known as asbestos. Asbestos can be found in the natural deposits of talc mines, industrial exposure and in commercial and residential uses. The tragedy that befell New York City on 9/11 also spread asbestos fibers throughout the city affecting first responders to the terror attack. The large amount of possible exposure sites has also increased the number of mesothelioma law firms New York prepared to attempt to aid the exposed financially.

There have been over forty mesothelioma lawsuits New York in 2006 and 2007. Some of these cases contain issues such as petitions for removal from asbestos litigation or federal questions regarding asbestos being answered by the New York Court. Many of these cases are personal injury lawsuits brought by mesothelioma lawyers New York on behalf of individuals affected by asbestos-related diseases, including the asbestos cancer mesothelioma.

A crucial asbestos case brought by a man and his mesothelioma lawyer New York was settled in 2003. A jury awarded more than $47 million to a boilermaker who worked as a contractor for Consolidated Edison Inc. and the KeySpan Corp. unit of Long Island Lighting Co. The plaintiff was diagnosed with mesothelioma in May, 2001. The jury found the two New York utility companies negligent both in their actions and in their failure to advise workers of asbestos‘s dangers.

Individuals seeking a mesothelioma lawsuit New York should be on familiar terms with the fact that the statute of limitations for personal injury law in New York is three years, with a discovery rule for toxic exposure that states that this amount of time begins when the problem either was discovered or should have been discovered. Wrongful death cases in the state have a two-year statute of limitations, with the time beginning at the date of death. While New York has no specific statute concerning mesothelioma settlements New York, according to the state’s Workers’ Compensation Law, compensation is payable for injuries or death incurred by employees who are involved in the manufacture of asbestos. Consequently it is important that those that have been diagnosed with an asbestos related illness contact a mesothelioma attorney New York as soon as possible.

4/6/11, “New Jersey Mesothelioma Lawyer” New Jersey has not only an abundance of naturally-occurring asbestos, but it has played a pioneering role for asbestos litigation, through the efforts of mesothelioma law firms New Jersey.

A Springfield mesothelioma lawyer New Jersey was representing plaintiffs who had worked for Raybestos-Manhattan at a Passaic asbestos plant, and he discovered what are not called “Sumner Simpson Papers” in a Raybestos corporate office that exposed a conspiracy between Raybestos and Johns-Manville where they kept secrets from the public in regards to the asbestos their employees were exposed to.

One can look through New Jersey Federal District Court Cases for mesothelioma lawsuits New Jersey and they will fine one recent case: Hampton et al v. Armstrong World Industries, Inc. et al. New Jersey is ranked eighth in the U.S. for mesothelioma cases.

Those who have spent time working or residing near known asbestos areas should have a doctor check for signs of mesothelioma, and think about contacting a mesothelioma attorney New Jersey if they are diagnosed in order to file a mesothelioma lawsuit New Jersey within the state’s statute of limitations.

In 2007, a woman in Middlesex County, New Jersey had a case filed by mesothelioma lawyers New Jersey because her husband’s and children’s brake work exposed her to asbestos. She was diagnosed with mesothelioma in 2002 and died from her illness shortly after mesothelioma treatments were began at Virtua West Jersey Hospital.

Those who want to find mesothelioma attorneys New Jersey to win a mesothelioma settlement New Jersey would be interested in knowing that the statute of limitations for personal injury law in New Jersey is two years with a discovery rule that states that this amount of time begins when the injury was, or should have been, discovered. There is no specific statute about asbestos or mesothelioma settlements New Jersey.

4/6/11, “New Mexico Mesothelioma Lawyer” New Mexico is a state that knows the dangers of asbestos well. The state has five natural deposits of the mineral. Due to its high flame and heat tolerance, it is also used heavily in the state’s industries such as the power plants, oil refineries and aero-space facilities.

Some the previously mentioned plants is the Four Corners Power Plant and the San Juan Powerhouse. In 2003, the state’s largest provider of gas and electric utilities, the Public Service Company of New Mexico (PNM), was a named defendant in 20 mesothelioma lawsuits New Mexico. Prior to that, the company had been sued over a case of secondary, or non-occupation exposure, in which asbestos fibers on an employee’s hair and clothing had caused injury to a family member.

There have been two recent cases filed by mesothelioma law firms New Mexico. In both of these lawsuits (which occurred in 2006), the defendant in the case is Burlington Northern.

Individuals that or still live or work near suspected asbestos-contamination sites should be checked regularly for signs of mesothelioma in order to file a mesothelioma lawsuit New Mexico within the state’s statute of limitations, and need to contact a mesothelioma lawyer New Mexico as soon as possible after diagnosis to ensure that all important deadlines are kept. While many of these sites have been inspected and some have been cleaned up, anyone who worked or lived in these areas before asbasbestosestos contamination was reported can still be affected.

Individuals interested in contacting a mesothelioma attorney New Mexico or seeking a mesothelioma settlement New Mexico should be aware that the statute of limitations for personal injury law in the state is three years with a discovery rule that states that this amount of time begins when the problem either was discovered or should have been discovered. To ensure the validity of your case it is important to contact mesothelioma attorneys New Mexico as soon as possible after diagnosis.

4/6/11, “New Hampshire Mesothelioma Lawyer” Unlike the other New England states, New Hampshire has no naturally-occurring asbestos. However, there are many jobsites and other locations where workers were exposed to different kinds of asbestos in a wide variety of industries and institutions, leading to diseases such as asbestosis or mesothelioma. Many victims of these diseases have sought the help of attorneys at mesothelioma law firms New Hampshire to win money.

Shipyard and power plant workers are most likely to be affected by asbestos exposure. In September of 1934, a cruise ship caught fire and shipbuilders used asbestos insulation almost everywhere on sea-going vessels at that time. Those who worked at the Portsmouth Navy Yard before 1980 may be at risk for such disease, and may want to contact mesothelioma attorney New Hampshire.

Exploration through the New Hampshire Federal District Court Cases for asbestos-related lawsuits or mesothelioma lawsuits New Hampshire brings up no recent cases.

If interested in earning a New Hampshire mesothelioma lawsuit or hiring a mesothelioma lawyer New Hampshire, one should understand that the statute of limitations for personal injury law in New Hampshire is three years with a discovery rule that states that this amount of time begins when the injury is, or should be, discovered. Wrongful death cases fall under the same statute of limitations and discovery rule. There is no specific statute about mesothelioma settlements New Hampshire or asbestos.

4/6/11, “Nevada Mesothelioma Lawyer” The state of Nevada has over a dozen power-generation plants. The large number of facilities has been necessary to support the state’s quickly-growing population (which more than doubled between 1980 and 2000). It has also meant that more workers have been exposed to friable asbestos fibers during that time, as the cancer-causing mineral is used in such facilities due to its resistance to heat and flame. The danger to power plant workers was demonstrated in a 2003 study by doctors in Puerto Rico. In this study, chest x-rays were taken of a large number of power plant employees. Thirteen percent of these x-rays showed some type of “abnormality,” even with cigarette smoking was factored out. The large amount of exposed workers has led to an increase in mesothelioma attorneys Nevada attempting to hold groups responsible.

Persons living or working near these facilities and other possible asbestos exposure areas should be checked regularly for signs of mesothelioma, and should contact a mesothelioma attorney Nevada if diagnosed. Although some of these sites have been inspected and several have been cleaned up, anyone who worked or lived in these areas before asbestos contamination was reported can still be affected.

An important mesothelioma lawsuit Nevada involved a Nevada worker employed by Nevada Power of Las Vegas between 1957 and 1964. During this time he worked as a plant operator at numerous power stations owned by the corporation. The suit in question was filed in 2005 by a mesothelioma lawyer Nevada. In Fisher v. D.B. Riley, et al., it was noted that the plaintiff supervised shutdowns of the power plants, a duty which included overseeing the repair and maintenance of asbestos-containing boilers manufactured by the final defendant, D.B. Riley. The case was settled for over $2 million.

An additional case involved a man who was exposed to asbestos while working at the U.S. Navy Shipyards in Brooklyn and Philadelphia. The man was diagnosed with malignant mesothelioma at age 63. He visited Dr. Dan Sterman at the University of Pennsylvania in April, 1996, hoping to be accepted into Sterman’s Gene Therapy program. A qualification requirement for the study was to undergo no surgery, chemotherapy or radiation, which meant he had to decline talc pleurodesis, a procedure where the pleural linings are bonded together so as to stop the build-up of fluid in the lower lung linings. The man underwent a total of 14 thoracentesis procedures, in which fluid was drained from the pleural linings via a needle or tube. After eight months of treatment, the man died. His case reached a mesothelioma settlement Nevada in 2000. In his case against the companies who exposed him to asbestos, his mesothelioma law firm Nevada named a large number of defendants. The settlement total was just under $1.95 million.

Individuals seeking mesothelioma settlements Nevada or interested in hiring one of the mesothelioma lawyers Nevada should know that the statute of limitations for personal injury law in Nevada is two years. The statute includes a discovery rule that states that this amount of time begins when the problem (in this case the cancer) either was discovered or should have been discovered. Wrongful death cases fall under the same statute of limitations and discovery rule.