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A popular young YouTube star and celebrity babysitter recently had her children’s-makeup line pulled from store shelves after testing by the Food and Drug Administration confirmed the products are contaminated with cancer-causing asbestos fibers. The FDA took to Twitter to announce, “Today, the FDA is releasing new results from its continued testing of cosmetic products for asbestos & is warning consumers to not use 2 additional products that have tested positive for asbestos & have been recalled.”

The FDA urged parents to be on the lookout for the makeup kits, which contain candy colored eyeshadow palette, two lip glosses, and nail polish, and has been on sale since March 2018 at Claire’s retail stores. The move comes just a few months after Claire’s was forced to recall other makeup products after media investigations found those makeup lines also contained asbestos and other toxic substances.

Asbestos is a deadly cancer-causing mineral once used in a variety of industrial, commercial, and military applications because of its heat-resistant properties and ability to be molded into almost any shape to fit the job. While the federal government has heavily regulated asbestos since the 1980s to the point that is still used, thousands of people suffer the after-effects of asbestos exposure every year.

Reports recently surfaced that the U.S. Department of Justice is investigating whether or not pharmaceutical and cosmetics giant Johnson & Johnson new about the risks its talc-based products posed to consumers but chose not to warn the public. The criminal probe comes as Johnson & Johnson faces thousands of lawsuits in civil courts across the country brought by plaintiffs who claim they developed various forms of cancer, including mesothelioma, from using the company’s talcum powder products.

A federal grand jury in Washington state is currently examining internal company documents related to what Johnson & Johnson knew about the presence of asbestos fibers or other carcinogens in its talcum powder products like Baby Powder and Shower to Shower. While talcum powder products make up only a small part of the company’s sales, they nonetheless have been a core brand for Johnson & Johnson for over a century.

Johnson & Johnson had disclosed to shareholders in February that the company received subpoenas from the Justice Department but those documents did not mention a grand jury had been convened nor whether the matter was of a criminal or civil nature. In response to the developments, Johnson & Johnson executives released a statement saying, “We have been fully cooperating with the previously disclosed DOJ investigation and will continue to do so. Johnson’s Baby Powder does not contain asbestos or cause cancer, as supported by decades of independent clinical evidence.”

A proposed piece of legislation recently introduced in the Pennsylvania House of Representatives purports to give relief to mesothelioma cancer victims who developed their disease through the course of their employment. The proposed law, House Bill 1234, would amend The Pennsylvania Occupational Disease Act (Act) to allow mesothelioma cancer victims to file for workers’ compensation claim.  The result, however, would arguably preclude mesothelioma victims common law claims against his employer making workers’ compensation the “exclusive remedy” barring the victims day in court.

As the law currently stands in the state of Pennsylvania, workers who develop an occupational disease as a result of their employment must do so within 300 weeks of their last workplace exposure or date of employment. Those who become aware of or receive their occupational disease diagnosis outside the 300-week statute of limitations are generally barred from receiving workers’ compensation benefits.  The Pennsylvania Supreme Court in Tooey v. AK Steel Corp., 623 Pa. 60 (2013) recognized that mesothelioma victims would have no remedy under the Act and held that the exclusivity provision does not preclude a plaintiff’s common law claims.

Unfortunately for those exposed to some carcinogens, their life-changing diagnosis is not received until many years after their last exposure due to the latency period associated with their condition. This is especially true for those who suffer from mesothelioma, a rare and deadly form of cancer caused by exposure to asbestos fibers in once common, everyday industrial and military applications.

A Louisiana federal judge recently denied a motion by the Ford Motor Co. which sought to throw out the asbestos cancer lawsuit, brought on behalf of the now deceased victim, alleging the automaker and others are responsible for the plaintiff’s injuries. While the same judge did rule partly in favor of Ford in limiting some of the claims brought against the company, the other asbestos-related claims may proceed against Ford and other named defendants.

According to the mesothelioma cancer lawsuit, filed in U.S. District Court for the  Eastern District of Louisiana, the victim developed peritoneal mesothelioma during his work as a mechanic and generator service technician. After filing his asbestos cancer lawsuit in a Louisiana state court in 2017, the case was removed to federal court the following year. Sadly, the victim passed away from his asbestos related cancer in 2018, leaving his surviving family to continue to action under a wrongful death claim.

In their lawsuit, the plaintiffs made claims against the Ford Motor Co. under Louisiana’s general negligence statute, employer liability statute, premises liability as owners of the premises where the victim worked, and product liability laws for manufacturing the asbestos laden products. In seeking to skirt liability, Ford claimed the plaintiffs were barred from recovering for any damages under the Louisiana Workers’ Compensation Act (LWCA) because the alleged injuries took place during the course of the victim’s employment.

June 29, 2019 – Announcing the selection of Michael Throneberry among America’s Top 100 High Stakes Litigators® for 2019.  Selection to America’s Top 100 High Stakes Litigators® is by invitation only and is reserved to identify the nation’s most exceptional trial attorneys in high value, high stakes legal matters.

To be considered for selection, an attorney must have litigated (for either plaintiff or defendant) a matter (1) with at least $2,000,000 in alleged damages at stake or (2) with the fate of a business worth at least $2,000,000 at stake. These minimum qualifications are required for initial consideration.  Thereafter, candidates are carefully screened through comprehensive Qualitative Comparative Analysis based on a broad array of criteria, including the candidate’s professional experience, litigation experience, significant case results, representative high stakes matters, peer reputation, and community impact in order to rank the candidates throughout the state.

Only the top 100 qualifying attorneys in each state will receive this honor and be selected for membership among America’s Top 100 High Stakes Litigators®.  With these extremely high standards for selection to America’s Top 100 High Stakes Litigators®, less than one-half percent (0.5%) of active attorneys in the United States will receive this honor — truly the most exclusive and elite level of attorneys in the community.

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