Establishing liability for asbestos-related lung cancer can be challenging for a number of reasons – not the least of which being that lung cancer has numerous known causes. Mesothelioma, on the other hand, is only known to be caused by exposure to asbestos. Proving lung cancer was caused by negligent asbestos exposure…
The legal landscape of asbestos liability may soon change dramatically – and not in a way that benefits the plaintiffs suffering asbestos-related diseases, such as asbestosis and mesothelioma. For several years now, lobbyists for the asbestos manufacturers and industries targeted for litigation due to negligently exposing workers and others to the…
An investigation by reporters in Georgia revealed that the state agency in charge of enforcing asbestos regulations fails to make certain that those removing the dangerous substance are actually licensed to do so. That’s because the program was de-funded six years ago. This lack of basic enforcement, say victim advocates, puts…
The Commonwealth Court of Pennsylvania (one of two intermediate appellate courts in the state) recently ruled that a school board can be potentially liable for the mesothelioma suffered by a math teacher who was allegedly exposed to the toxic fibers at the school. According to court records in the case, the subject…
The governor of Ohio has just signed a measure into law that will grant firefighters in that state the right to file a workers’ compensation claim if they are diagnosed with cancer – including mesothelioma. The measure creates a rebutable presumption that when a fire department employee is diagnosed with…
The government contractor defense was accepted in a recent asbestos liability lawsuits out of California. The decision by a state appellate court breaks with a ruling by the federal Ninth Circuit. The government contractor defense shields the federal government’s exercise of discretion and judgment in contract specifications and designs. It…
According to a recent news article from The Stratford Patch, asbestos has just been discovered in the soil at a major project on Interstate 95 (I-95) in Connecticut. All construction work and roadside maintenance has been suspended while environmental agency workers can assess the scope of the contamination and work…
There is no question that being diagnosed with malignant pleural mesothelioma is about one of the worst things a patient can hear. For the vast majority of patients, they have very little time to left to live, so it is basically the same as receiving a death sentence. In most cases, the…
We know that manufacturers of products sold in the U.S have a duty to warn consumers of potential risks. This is certainly true with makers of asbestos-laden products, particularly where users are at risk of exposure to deadly asbestos fibers or dust, which are toxic when breathed in. But what…
Two multi-million dollar verdicts by separate juries in two asbestos injury cases in New York resulted in damages collectively totaling $28 million, to be paid by boilermaker Burnham. According to Legal Newline, one case resulted in the estate of one man receiving a $6.25 million victory in mid-June, while a second…