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Archive for April, 2008

Can a Worker Sue Their Employer for Mesothelioma?

Friday, April 11th, 2008

We recently had a phone call from a potential client asking about this issue.  The answer in Texas is generally that a worker can sue their employer unless the employer is a workers compensation subscriber.  When the employer is a workers compensation subscriber, the situation becomes more complicated.  The employee with mesothelioma can then sue the employer if the employee can show that the employer knew to a substantial certainty that the worker would be injured by the asbestos he/she worked with.  This sounds like a tough standard to meet, and in most cases it is difficult to prove.  However, when the worker with mesothelioma dies of the disease, the surviving spouse and children of the worker can bring a claim against the employer for what the law calls “gross negligence.”  This is an easier case to prove and it allows the worker’s family to successfully bring a case if there is evidence that the employer acted with willful, wanton disregard for the welfare and safety of the workers.  All too often there is a mountain of evidence suggesting that the employer knew that asbestos could cause mesothelioma and yet did nothing.  In fact, some employers actively hid the dangers of asbestos from their employees, telling them that “nothing out here will hurt you” when the employer knew from scientific studies that asbestos was killing workers.  If all of this sounds complicated, it is.  That is why you need to discuss any potential mesothelioma or cancer case with a lawyer who has experience in this complicated area of the law.  The lawyers at Cappolino Dodd & Krebs LLP have over eighty-five years combined experience.  They can help you determine if you or your loved ones can recover from the employers who exposed their workers to asbestos.  You should be aware that in some cases strict timelines for bringing claims may apply, so you should contact the lawyers at Cappolino Dodd & Krebs LLP today to ensure that all of your legal rights are protected.  All initial consultations are free and confidential.  The Santa Clause 2 download The Stepford Wives download

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Mining Company Agrees to Settle Asbestos Claims

Wednesday, April 9th, 2008

Billy Rose’s Jumbo film On April 7th, W.R. Grace & Co. announced an agreement that will resolve all asbestos claims against the company. This applies to all current claims and any future claims. This action allows the company to emerge from bankrupts without any further asbestos related obligations.The agreement is valued at $3 billion in both cash and equity. The settlement will be allocated into a trust for asbestos victims. W.R. Grace will pay $250 million into the trust initially, and then deferred payments of $110 million per year for five years will begin in 2019. Payments of $100 million per year for 10 years will begin in 2024.

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The trust fund will also receive contributions from Sealed Air Corp. and Fresenius Medical Care Corp., which were affiliated with W.R. Grace in the past. Sealed Air Corp. will contribute $1.2 billion and Fresenius Medical Care Corp. will contribute $100 million.

The trust fund will have the right to buy up to 10 million shares of stock at $17 per share during the companies first year out of bankruptcy. All stock profits will be placed in the trust fund.

In 2001, when W.R. Grace filed for bankruptcy, it had been named in about 110,000 asbestos personal injury claims.

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Many asbestos related claims against W.R. Grace involve a spray-on fireproofing product that was manufactured by the company.

The agreement must still be approved by a judge. If approved, it does not affect the federal indictment against W.R. Grace and seven executives of the company. They are charged with conspiring to hide the health risks associated with the Libby vermiculite mine.

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Minnesota Governor Doesn’t Support Bill Funding Iron Range Mesothelioma Study

Saturday, April 5th, 2008

The Governor of Minnesota, Tim Pawlenty does not support a bill that will fund a study of mesothelioma among workers and near by residents of the Iron Range mining facilities.

Pawlenty says that the funding is coming from the wrong place. The bill calls for funding to be taken out of the Worker’s Compensation Fund.

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download The Sand Pebbles The agency in charge of the Worker’s Compensation Fund agrees with the Governor and feels that the money in the fund should not be used for the study.

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Asbestos attorneys are currently working on mesothelioma claims.

$11 Million Asbestos Award Upheld by California Appellate Court

Wednesday, April 2nd, 2008

The Hudsucker Proxy dvdrip On March 28th, a California Appellate court upheld a verdict made in July 2007. Over $11 million was awarded to a former California couple to cover the medical, emotional and punitive damages related to mesothelioma caused from asbestos exposure.

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The lawsuit was filed against Asbestos Corp. Ltd. In 2005 shortly after the husband was diagnosed with mesothelioma. The husband, who is now 77, has limited mobility, needs an oxygen tank and has lost the ability to care for his wife who also suffers from health problems.

The husband was exposed to asbestos while he was working in Navy shipyards in the 1940’s and 1950’s. While working in the shipyards, he repaired boilers with the use of asbestos products.

The lawsuit was awarded to the couple based on evidence that Asbestos Corp. Ltd. had been aware of the dangers posed by asbestos, but failed to use warning labels until the 1970’s.

Currently, there are mesothelioma attorneys helping those who have developed mesothelioma.

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