The Environmental Protection Agency on Tuesday proposed a rule to finally ban asbestos, a carcinogen that is still used in some chlorine bleach, brake pads and other products and kills thousands of Americans every year. The proposal marks a major expansion of EPA regulation under a landmark 2016 law that overhauled rules governing tens of … [Read more...]
Court upholds award to family of worker who died of asbestos exposure
The South Carolina Supreme Court [in August 2021] upheld a $16 million jury award to the family of a maintenance worker at a polyester fiber plant who died following years of asbestos exposure. Hystron Fibers Inc., owned by defendant CNA Holdings, hired Daniel Construction Co. in 1965 to build a plant in Spartanburg, South Carolina. When the … [Read more...]
Dying Patients Denied Justice Amid COVID-Related Court Delays
Terminally ill plaintiffs, who were supposed to be guaranteed expedited trials in light of their deteriorating medical conditions, are still waiting for their day in court, according to an NBC Bay Area investigation. [ Terminally ill plaintiffs ] who are dying are supposed to be granted preferential treatment when it comes to scheduling their … [Read more...]
Imerys signs agreement to end talc litigation in the United States
Imerys announced on May 15 that it had reached agreement on a plan to end the [ talcum powder – asbestos litigation ] that resulted in the Chapter 11 (receivership) placement of its North American subsidiaries Imerys Talc America, Imerys Talc Vermont and Imerys Talc Canada. The group had announced at the end of 2018 that these three subsidiaries, … [Read more...]
Montana Supreme Court: BNSF Not Shielded from Liability in Libby Asbestos Cases
In a unanimous decision, the Montana Supreme Court on Wednesday determined that BNSF Railway Company is not shielded from liability for its role in spreading [ asbestos dust ] in the Northwest Montana town of Libby, where hundreds of people have died and thousands more are sick due to exposure. Facing hundreds of asbestos-related damage claims … [Read more...]
Statute of Repose Bars Asbestos-related Claim by Former Power Plant Worker
The estate of a career pipefitter who died from mesothelioma recently lost an appeal on claims that asbestos exposure caused his cancer and the exposure, in the course of his employment, violated the state’s safe place statute. [ This was an appeal of the trial court’s ruling that plaintiff’s complaint was barred by the Wisconsin construction … [Read more...]
U.S. states sue EPA for stricter asbestos rules
Ten U.S. states and Washington, D.C. sued the Environmental Protection Agency to begin working on rules to tighten oversight of asbestos, and reduce the health risks that the substance poses to the public. The attorneys general from California and Massachusetts, Xavier Becerra and Maura Healey, said on Monday they are leading the case, after the … [Read more...]
J&J Asks Federal Court to Assume Baby Powder Lawsuits from State Courts
Johnson & Johnson wants a federal judge to take over more than 2,000 baby-powder lawsuits it faces instead of allowing the cases to be heard by state-court juries, where the company has a mixed record. The world’s largest maker of health-care products seeks to invoke legal protections available to J&J’s bankrupt talc supplier Imerys Talc … [Read more...]
Mass. High Court Rules Statute of Repose Applies to Asbestos-Related Claims
The Massachusetts Supreme Judicial Court has ruled that a statute of repose barring many construction-related personal injury claims after a time limit of six years also applies to claims involving diseases with extended latency periods, such as asbestos-related illnesses. The ruling follows the death of Wayne Oliver in 2016 due to mesothelioma … [Read more...]
Appeals court affirms $14 million asbestos wrongful death award
An appeals court in South Carolina on Wednesday affirmed the denial of a motion for retrial in a $14 million wrongful death lawsuit filed by the family of a contractor who performed maintenance at a polyester plant and suffered from mesothelioma stemming from asbestos exposure. From 1971 to 1980, Dennis Seay was assigned via his employer Daniel … [Read more...]