Companies & Asbestos

The Louisiana Court of Appeal, Fourth Circuit Rejects Company’s Appeal of $36 Million Mesothelioma Verdict

May 24, 2023 | Throneberry Law Group

For purposes of this article, the mesothelioma victim in this particular case will be referred to as Mr. W.W.

Mr. W.W. was exposed to asbestos during the 1960s and 1970s while working as a pipefitter and union welder for several plants. This was before the dangers of asbestos became known to many. Today, many people know about the dangers of asbestos and the role this substance plays in the development of fatal diseases like mesothelioma and asbestosis. Many years after asbestos exposure, Mr. W.W. was diagnosed with mesothelioma. A month after his diagnosis, he filed a mesothelioma claim against four companies he blamed for his asbestos exposure. Later, Mr. W.W. added thirty more companies to his claim. In 2022, the trial court awarded Mr. W.W. $36 million in damages, with Mr. W.W.’s former employer, Level 3, being ordered to pay $19.2 million. After the trial court made its decision, Level 3 petitioned for a new trial, but that request was denied. The company then decided to file an appeal. In a recent decision, the Louisiana Court of Appeal, Fourth Circuit rejected the company’s appeal and allowed Mr. W.W. to recover the damages awarded.

After the trial court awarded Mr. W.W. $36 million in damages, his former employer, Level 3, filed an appeal on several grounds. The company argued that during the original trial, mistakes were made. The company argued that the $36 million verdict was excessive and improper. According to Level 3, the verdict was based on emotion, compassion, and a desire to punish. The company argued that the judgment was not based on the law. In other words, the company claimed that the verdict was an abuse of discretion. Additionally, the company claimed that the trial court assigned them too great a portion of the $36 million verdict. Level 3 argued that Mr. W.W. should not have been allowed to pursue a strict liability argument against them and that the trial court made mistakes in some of their decisions regarding the evidence presented.

A New York Court Rules That a General Contractor Must Face Mesothelioma Victim’s Family in Court

May 3, 2023 | Throneberry Law Group

Asbestos can cause many health problems, including mesothelioma and asbestosis. There are different types of asbestos, and all can cause health problems. People who have suffered asbestos exposure and developed severe health problems have the right to take legal action against those who are to blame for their exposure. Often, asbestos exposure victims blame their exposure on producers, bosses, and others who had the duty to protect them. The family of such a victim filed a mesothelioma claim against a general contractor who failed to uphold his responsibility to provide workers with a safe working environment. The defendant tried to have the lawsuit dismissed, but the court ruled that the case should proceed to court and be decided by a jury.

After M.F. developed mesothelioma, a lawsuit was filed for his estate seeking compensation from multiple defendants. One of the defendants named in the case is Structure Tone, a general contractor. According to the lawsuit, the G.C. is guilty of negligence and violating NY’s Labor Law 200. Negligence claims in NY are based on a person’s duty to give the standard of care that a reasonably prudent person would under the same circumstances. Negligence relies upon an individual having power over the action that resulted in harm. The state’s labor law in question here follows the same principles. In this case, the plaintiff claims that the G.C. failed to provide workers with a reasonably safe working environment and that the failure to provide a safe working environment resulted in asbestos exposure and, thus, the development of mesothelioma.

The general contractor filed a motion to dismiss the claim on the ground that it could not have contributed to the victim’s illness. According to the courts, a party facing negligence accusations in a mesothelioma claim or another similar claim can have the case dismissed if they can unambiguously show they could not have played a part in causing the victim’s injury or illness. In other words, they can have the case dismissed if they provide evidence that convinces the court, without any doubt, that they couldn’t have contributed to the victim’s injury or illness. According to the G.C., M.F.’s testimony didn’t show he had suffered asbestos exposure at the locations he could remember working. The company’s executive V.P. also provided testimony that the company and its subcontractors hadn’t used asbestos-contaminated materials.

Owner of Former Vermiculite Mine Proposes $18.5 Million to the State of Montana

March 27, 2023 | Throneberry Law Group

The owner of an old asbestos mine in Libby, Montana, W.R. Grace, recently offered the state of Montana over $18 million to settle the state’s claims for natural resource damages. Montana has claimed substantial damage to its natural and environmental resources due to the irresponsibility of W.R. Grace & Co.’s business practices while operating the mine. The settlement will relieve the company from many of its liabilities to Montana but will still hold the mining company answerable for its reckless mistakes.

Some Background on the Mine

W.R. Grace & Co. owned and operated a mine that was used to extract and grind vermiculite, a substance found close to asbestos. Because of its closeness to asbestos, it is easy for vermiculite to be asbestos-contaminated.

Legacy Asbestos: Some Crucial Information You Should Have

March 3, 2023 | Throneberry Law Group

Asbestos is a substance that can cause several life-threatening diseases, such as mesothelioma, asbestosis, and lung cancer. This dangerous mineral is no longer used as frequently as it was many years ago because of strict regulations. Unfortunately, even though asbestos is no longer being used as it was before the 1980s, there is a significant risk of people being exposed to legacy asbestos.

What is Legacy Asbestos?

Legacy asbestos was put in place before governments started regulating the use of asbestos, but it still presents a hazard. The passing of time and forgetting of asbestos that was put in place many years ago is what causes asbestos to become legacy asbestos. Unfortunately, most people do not know that legacy asbestos exists, and that is what makes legacy asbestos so dangerous.

ADAO Calls on Congress After Revelations of Asbestos Exposure

January 30, 2023 | Throneberry Law Group

A detailed investigative report by ProPublica, a nonprofit newsroom dedicated to investigating abuse of power, revealed how chemical giants have been lying about worker safety at their facilities. The report details decades of chemical company failures to provide enough protection for workers at Chlor-alkali plants, including a longtime contract janitor who got exposed to asbestos while pregnant. According to the janitor who worked at the Olin Corp. chemical plant, she scraped dry asbestos off the locker room floor. She also threw away protective suits, which were sometimes contaminated with asbestos. All this she did without any protective gear. According to the janitor, the company never informed workers about the dangers of asbestos.

For many years, workers across the U.S. did not discuss the dangers they were exposed to in asbestos-dependent chlorine plants. But after ProPublica revealed unsafe practices at a plant in Niagara Falls, New York, workers across America who worked at other chlorine plants voiced their concern about how the dangerous material was handled at their workplaces. Former lab analysts at a Texas plant revealed that workers there raised issues about potential asbestos exposures with safety managers in 2018. A contract pipe fitter who worked at the Olin Corp revealed that asbestos would fly and land everywhere. The pipe fitter did not experience lung problems, but his sister did. The sister worked various jobs in the company and spent time in places where workers handled asbestos. She was diagnosed with lung cancer and passed away in 2017 at 64.

In response to ProPublica’s report, Linda Reinstein, the President and Co-Founder of the Asbestos Disease and Awareness Organization (ADAO), a nonprofit dedicated to preventing asbestos exposure, issued a statement calling on Congress to enact a U.S. ban on asbestos. According to Linda, a U.S. ban on asbestos is decades overdue, and this latest report by ProPublica is another example of unnecessary exposure, diseases, and death. ADAO calls on Congress to pass the Alan Reinstein Ban Asbestos Now Act (ARBAN).

Ford Fails to Have a Mesothelioma Lawsuit Dismissed

November 4, 2022 | Throneberry Law Group

The Supreme Court of the State of New York recently denied a petition from Ford Motor Company asking the Court to shut down mesothelioma lawsuit against them. When the defendant in this case, who for purposes of this article will be referred to as J.S., discovered he had mesothelioma, he and his spouse filed a lawsuit against Ford Motor Company. According to the lawsuit, the company is responsible for J.S.’s exposure to asbestos-containing parts during his years at a dealership in Orchard Park. What is interesting about this case is that Ford did not deny that the parts J.S. was dealing with were asbestos-contaminated. The company also didn’t deny the fact that asbestos is a toxin.

After J.S. discovered he had mesothelioma at age 65, he filed a lawsuit against Ford Motor Company, the company responsible for his asbestos exposure, thus, his illness. According to J.S.’s lawsuit, he worked as a delivery man for the dealership in Orchard Park. During his time in this position, J.S. was exposed to asbestos-containing dust when he unlocked boxes and dealt with brakes and clutches from Ford. In his claim, J.S. also stated that he had maintenance, cleaning, and sweeping duties during his time at the dealership. On top of that, J.S. stated in his lawsuit that he suffered asbestos exposure through his interaction with mechanics performing clutch and brake jobs.

The defendant did not deny that J.S.’s work involved dealing with asbestos-contaminated products. The company did not deny that asbestos is dangerous and can cause illnesses. Ford’s argument was focused on whether J.S.’s closeness to their parts was enough to result in him developing his illness. The company’s argument centered on whether chrysotile asbestos caused risk compared to amphibole asbestos. Also, Ford Motors argued that therapeutic radiation could have caused J.S.’s illness.

Common and Uncommon Places You Could Find Asbestos

September 12, 2022 | Throneberry Law Group

Asbestos is a group of minerals that occur naturally in soil and rock. It is made up of heat-resistant fibers. Apart from being resistant to heat, asbestos is also resistant to rot and rust. Because of its properties, asbestos is considered a very versatile product. However, as much as asbestos might sound harmless, the truth is that asbestos exposure can lead to the development of aggressive and deadly diseases like mesothelioma. Being exposed to asbestos once is enough to lead to the development of an illness.

Unfortunately, there is still no widespread ban on asbestos in the United States of America. In the U.S., asbestos continues to be used in different products. And even if a ban is put in place, many industries used asbestos in the past for various purposes. It is still possible for asbestos-contaminated products to exist even with an asbestos ban in place.

Asbestos can be found in many places. This dangerous mineral can also be found in places one would not expect. Below is a look at some common and uncommon places where you could find asbestos.

California Woman Receives $43 Million Award in Mesothelioma Case

July 15, 2022 | Throneberry Law Group

After two weeks of in-person trial, a Los Angeles County jury awarded a 64-year-old woman diagnosed with mesothelioma $43 million on May 20, 2022. This verdict is among the largest seen in recent years. The woman, who was diagnosed with mesothelioma in 2019, blamed Algoma Hardwoods Inc. for her condition.

According to the evidence presented, the 64-year-old California woman never directly worked with the toxic substance known as asbestos. However, her husband used to work in a capacity that exposed him to asbestos. He worked with doors that contained asbestos. The asbestos dust from the doors got stuck in his skin, hair, and clothes, and he brought this dust home. Even though the woman sometimes assisted her husband on-site, most of the asbestos exposure she suffered was from the asbestos dust her husband brought home. According to a family representative, the 64-year-old woman suffered asbestos exposure while doing her husband’s laundry. Also, just being inside the home exposed her to asbestos.

From 1977 to 1980, Algoma made fire-resistant asbestos-contaminated doors. The jury found the company 50% liable for the 64-year-old woman’s mesothelioma. The jury then assessed comparative fault against other defendants. The following is a breakdown of the percentage of responsibility each defendant was awarded;

HBO Max’s “Not So Pretty” Shines Light on the Link Between Mesothelioma and Cosmetic Products

May 7, 2022 | Throneberry Law Group

Unfortunately, despite asbestos awareness advocates doing their best to educate people on asbestos and asbestos-related illnesses, such as mesothelioma, many people still do not understand the dangers of asbestos exposure. People are still mishandling asbestos and using asbestos-contaminated products. For example, people continue to use asbestos-contaminated cosmetic products. It is our hope that now that the dangers of using asbestos-contaminated cosmetic products have been revealed through HBO Max’s documentary, “Not So Pretty,” things will change.

HBO Max’s Multi-part Documentary Airs Out the Link Between Mesothelioma and Cosmetic Products

The documentary “Not So Pretty” is a four-part investigative expose of the beauty industry. The documentary, produced by Kirby Dick and Amy Ziering, exposes the secrets of the cosmetics and personal care industries. Unfortunately, these two industries are loosely regulated, with the U.S. Food and Drug Administration having little power to enforce changes.

New Jersey Appeals Court Upholds Sanction Against Ford in Mesothelioma Case

April 18, 2022 | Throneberry Law Group

The NJ appeals court recently upheld a sanction against Ford in a mesothelioma case involving second-hand asbestos exposure. When Mrs. A.C (a name used for purposes of this article) was diagnosed with malignant mesothelioma, her family filed a lawsuit against Ford Motor Company, her husband’s former employer. According to the family, Mrs. A.C developed mesothelioma after inhaling asbestos fibers from her husband’s clothing during the 30 years that he worked as a service manager for the motor dealerships. During the trial, Ford Motor Company withheld evidence in violation of discovery rules, which led to the court imposing a significant sanction. Ford appealed the decision and the sanction, but the NJ state appeals court refused to set the sanctions aside.

For many years, Mrs. A.C’s family had tried to obtain the training manuals for Ford so that they could prove to the court that the company had not warned its workers about the dangers of asbestos in brake dust. Unfortunately, the family was not able to obtain those materials. Instead of producing the information, a corporate representative testified that he could not locate it. He said that none of the manuals were found.

In response, Mrs. A.C’s attorney confronted the representative with a copy of the manual. After the confrontation, the representative confessed that he had seen the manual before and even answered questions about it in previous asbestos cases. After learning that the representative had withheld evidence, the court imposed the sanction that went beyond the jury’s $800,000 verdict.