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Defining asbestos

There are only a few months before the long-awaited criminal trial of W.R. Grace in the case of an infamous asbestos-laden vermiculite mine in Libby, Montana. But, even with that deadline looming, attorneys are still arguing over the definition of “asbestos.”

Lawyers for W.R. Grace want to use a very narrow definition of asbestos that could help their case on technicality. They hope that they can prove by definition that the substance that caused hundreds of townspeople to become deathly ill was not “asbestos” (which the company may or may not have known was in the mine) but something else.

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So far, courts have ruled with the government, accepting a broader definition of asbestos. However, the prosecution will have to be careful about which experts they use at trial since their testimonies may be based on a narrower definition of asbestos. Even if the government can prove that the Libby fibers are in fact asbestos, they will still have to prove that company officials knew.

Trial processes for the W.R. Grace trial will begin in February.

The Texas mesothelioma attorneys at Cappolino, Dodd & Krebs are here to help the public seek compensation from negligent companies, especially in cases of asbestos exposure, which can lead to the deadly cancer mesothelioma. If you have been diagnosed with mesothelioma, call our office today.

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