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Charleston West Virginia Mesothelioma: Legal News


 

WE CONNECT YOU WITH EXPERIENCED CHARLESTON WEST VIRGINIA MESOTHELIOMA LAWYERS.

Finding the right Charleston West Virginia Mesothelioma Lawyer to handle your case can be a very difficult and a time consuming task.Lawyers are very busy and may not be available to talk to you in your time of greatest need. We are here to assist you in finding an experienced Charleston West Virginia Mesothelioma Lawyer to help you with yourlegal situation.

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Charleston West Virginia – Asbestos Company – Asbestos Related Law Suit

 

Poca couple names 48 defendants in asbestos case 
6/21/2010 10:18 AM By Kyla Asbury  -Kanawha Bureau

 

CHARLESTON -- APoca couple named 48 defendants in anasbestos-related law suit involving lung cancer.

On Aug. 19, 2009, Shirley GuyChancey was diagnosed with lung cancer, according to a complaint filed May 14 in Kanawha Circuit Court.

Chancey was employed by Union Carbide Corporation from 1959 until 1991 as an insulator, according to the suit.

Chancey and his wife, Louise DaleChancey, claim he smoked on and off from 1952 until 2009, but has since quit.

The defendants are being sued for negligence, contaminated buildings,breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentation and post-sale duty to warn, according to the suit.

TheChanceys are seeking a jury trial to resolve all issues involved in the case. They are being represented by VictoriaAntion and Lawrence J.Tweel.

The case has been assigned to a visiting judge.

The 48 defendants in the suit are 3M Company; A.W. Chesterton Company; Aurora Pump Company; Buffalo Pumps, Inc.; BW IP, Inc.; Chicago Pump Company; Cleaver-Brooks Company, Inc.; Crane Co.; Crown, Cork & Seal USA, Inc.; Dow Chemical Company; Flowserve FSD Corporation; Flowserve US, Inc., f/k/aDurco International, Inc.; FMC Corporation; Foster Wheeler Energy Corporation; General Electric Company; GeneralRefractories Company;Goulds Pumps; Honeywell International, Inc.;Howden Buffalo, Inc.; IMO Industries, Inc.; Industrial Holdings Corporation; Ingersoll-Rand Company; ITT Corporation; Lockheed Martin Corporation;McJunkin Corporation; Metropolitan Life Insurance Company; Nagle Pumps, Inc.; Nitro Industrial Coverings, Inc.; Ohio Valley Insulating Company, Inc.; Owens-Illinois, Inc.; Rapid American Corporation; Riley Power, Inc.; Rockwell Automations, Inc.; Roper Pump Company; Square D Company; State Electric Supply Company; Sterling Fluid Systems (US), LLC; Taco, Inc.;Tasco Insulations, Inc.; UB West Virginia, Inc.; Union Carbide Chemical & Plastics Company; Uniroyal, Inc.; Viacom, Inc.; Viking Pump, Inc.;Vimasco Corporation; Weil-McLain Company; West Virginia Electric Supply; andZurn Industries, Inc.

Kanawha Circuit Court case number: 10-C-879

http://www.wvrecord.com/news/227708-poca-couple-names-48-defendants-in-asbestos-case

 
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CharlestonWest Virginia – Asbestos Exposure – Asbestos Cancer Civil Filings

 

Ohio man names 41 companies in asbestos suit 
5/17/2010 9:40 AM By Kyla Asbury  -Kanawha Bureau

CHARLESTON -- An Ironton,Ohio, man is suing 41 companies after he claims they are responsible for his lung cancer.

Dick T. Kitts worked at Dayton Malleable inIronton,Ohio, from 1957 until 1984 as a millwright and wasdiagnosed with lung cancer on March 18, 2009, according to a complaint filed April 16 in Kanawha Circuit Court.

The 73-year-old man claims he has smoked one pack of cigarettes per day since 1955.

The defendants are being sues for negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentations and post sale duty to warn, according to the suit.

Kitts is seeking a jury trial to resolve all issues involved in his asbestos-related suit. He is being represented by Victoria Antion.

The case has been assigned to a visiting judge.

The 41 companies named in the suit are 3M Company; A.W. Chesterton; Aurora Pump Company; Buffalo Pumps, Inc.; Certainteed Corporation; Cleaver-Brooks Company, Inc.; Crane Co.; Elliott Company; Flowserve FSD Corporation; Flowserve US, Inc., and its Byron Jackson Division; Flowserve US, Inc.; Foster Wheeler Energy Corporation; FMC Corporation; Gardner Denver, Inc.; Garlock, Inc.; General Electric Company; General Refractories Company; Goulds Pumps; Honeywell International, Inc.; Howden Buffalo, Inc.; Industrial Holdings Corporation; Ingersoll-Rand Company; ITT Corporation; McJunkin Corporation; Metropolitan Life Insurance Company; Nagle Pumps, Inc.; Nitro Industrial Coverings, Inc.; Ohio Valley Insulating Company, Inc.; Owens-Illinois, Inc.; Premier Refractories, Inc.; Rapid American Corporation; Riley Power, Inc.; Roper Pump Company; Sterling Fluid Systems (US), LLC; Tasco Insulations, Inc.; UB West Virginia, Inc.; Uniroyal, Inc.; United States Rubber Company; Viacom, Inc.; Vimasco Corporation; and Zurn Industries, Inc.

Kanawha Circuit Court case number: 10-C-718

http://www.wvrecord.com/news/226766-ohio-man-names-41-companies-in-asbestos-suit

 
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Charleston – Asbestos Trades –Mesothelioma Lawsuit

1,400 asbestos cases dismissed

BY STEVE KORRIS - FRIDAY, MAY 21, 2010 9:39:00 AM

CHARLESTON,W.Va. (LegalNewsline) - In a clean sweep,Ohio County,W.Va., Circuit Judge ArthurRecht disposed of about1,400 asbestos suits that Robert Peirce ofPittsburgh filed against CSX Transportation.

At a hearing on May 17,Recht granted a motion to dismiss the suits with prejudice.

Robert Daley of Peirce's firm moved in February to dismiss them without prejudice, afterRecht denied a motion to vacate rules he imposed last year.

Daley continued to resistRecht's requirement of testimony from pulmonologists, pleading that the rule exceeded standards of the Supreme Court of Appeals.

In March, Jim Turner ofHuntington opposed the motion for CSX.

"Plaintiffs will be permitted to re-file their claims wherever they please and CSX, as well as the courts, will be forced to start from scratch," Turner wrote.

"Moreover, judging from past experience, if the Peirce firm remains involved, one can only assume it will do everything in its power to thwart meaningful discovery and convince the courts that its mass of cases requires mandatory mediation before discovery commences," he wrote.

He wrote that Peirce's firm submitted a fraudulent medical diagnosis bearing the name of a fictitious doctor, Oscar Frye.

Turner quoted toRecht his own order finding that although the firm didn't know about the forgery, the firm enabled the forgery.

He wrote that most cases had been pending since 2003 or before.

He wrote that the Peirce firm actively recruited clients as far away asOregon,Texas,Missouri andNew York.

He wrote that the firm opposed sending cases to home courts and appealed the issue all the way to the U. S. Supreme Court.

He wrote that the firm pushed for limited discovery and mandatory settlement conference instead of bona fide pretrial orders.

He wrote that the firm pushed mediation even after its X-ray reader, radiologist RayHarron ofBridgeport, "was proven to be completely incredible."

He wrote that the firm never intended to subject the claims to scrutiny on the merits.

All the cases alleged asbestos disease but not malignancy. The Peirce firm continues to pursue 62 malignancy claims inRecht's court.

Recht disposed of two smaller packages, dismissing a few dozen Peirce suits againstNorfolk Southern and Conrail.

LegalNewslinehas ordered a transcript of the hearing.

Recht presides over Peirce cases by appointment of the Supreme Court of Appeals, where he served as justice.

 

http://www.legalnewsline.com/news/227219-1400-asbestos-cases-dismissed

 
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Charleston – Asbestos Trades –Mesothelioma Lawsuit

1,400 asbestos cases dismissed

BY STEVE KORRIS - FRIDAY, MAY 21, 2010 9:39:00 AM

CHARLESTON,W.Va. (LegalNewsline) - In a clean sweep,Ohio County,W.Va., Circuit Judge ArthurRecht disposed of about1,400 asbestos suits that Robert Peirce ofPittsburgh filed against CSX Transportation.

At a hearing on May 17,Recht granted a motion to dismiss the suits with prejudice.

Robert Daley of Peirce's firm moved in February to dismiss them without prejudice, afterRecht denied a motion to vacate rules he imposed last year.

Daley continued to resistRecht's requirement of testimony from pulmonologists, pleading that the rule exceeded standards of the Supreme Court of Appeals.

In March, Jim Turner ofHuntington opposed the motion for CSX.

"Plaintiffs will be permitted to re-file their claims wherever they please and CSX, as well as the courts, will be forced to start from scratch," Turner wrote.

"Moreover, judging from past experience, if the Peirce firm remains involved, one can only assume it will do everything in its power to thwart meaningful discovery and convince the courts that its mass of cases requires mandatory mediation before discovery commences," he wrote.

He wrote that Peirce's firm submitted a fraudulent medical diagnosis bearing the name of a fictitious doctor, Oscar Frye.

Turner quoted toRecht his own order finding that although the firm didn't know about the forgery, the firm enabled the forgery.

He wrote that most cases had been pending since 2003 or before.

He wrote that the Peirce firm actively recruited clients as far away asOregon,Texas,Missouri andNew York.

He wrote that the firm opposed sending cases to home courts and appealed the issue all the way to the U. S. Supreme Court.

He wrote that the firm pushed for limited discovery and mandatory settlement conference instead of bona fide pretrial orders.

He wrote that the firm pushed mediation even after its X-ray reader, radiologist RayHarron ofBridgeport, "was proven to be completely incredible."

He wrote that the firm never intended to subject the claims to scrutiny on the merits.

All the cases alleged asbestos disease but not malignancy. The Peirce firm continues to pursue 62 malignancy claims inRecht's court.

Recht disposed of two smaller packages, dismissing a few dozen Peirce suits againstNorfolk Southern and Conrail.

LegalNewslinehas ordered a transcript of the hearing.

Recht presides over Peirce cases by appointment of the Supreme Court of Appeals, where he served as justice.

 

http://www.legalnewsline.com/news/227219-1400-asbestos-cases-dismissed

 
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CharlestonWest Virginia - $7 Mesothelioma Verdict

ASBESTOS JUDGMENTS COST DUPONT $7 MILLION CHEMICAL GIANT LOSES THREE OF FIVE CLAIMS


Publication: THECHARLESTONGAZETTE
Published: 03/06/2002
Page: 1C
Headline: ASBESTOS JUDGMENTS COST DUPONT $7 MILLION CHEMICAL GIANT LOSES THREE OF FIVE CLAIMS
Byline: LAWRENCE MESSINA

larrym@wvgazette.com

Leonard Dale Cox was chief executive officer of the Bank of Gassaway when doctors told him that asbestos was about to kill him.

Cox, 52, had never worked with the heat- and fire-resistant fibers. Nonetheless, they had coated his lungs enough to promptmesothelioma, an inoperable form of lung cancer.

Doctors soon found the fibers' origin: Cox's father. Cecil Cox had installed asbestos insulation at DuPont's Belle plant from the 1940s until his 1970s retirement. Each day, he brought the fibers home in his work clothes and coveralls.

Leonard Cox died in 2000. He was 53. His survivors blame DuPont for his fatal illness. A Kanawha Circuit jury agreed with them last week, and ordered DuPont to pay $6.4 million.

That verdict includes $1.7 million for Cox's lost earnings, $2 million for Cox's widow and $300,000 to each of their two children for their loss, another $2 million for his pain and suffering and $118,000 for medical bills.


The jury also awarded $600,000 to the widow of a DuPont laborer and mechanic. DuPont intentionally exposed RoyLupardis to asbestos, the jury found, because the chemical giant knew of the fibers' negative effects throughoutLupardis' 35 years at the Belle plant.

"The jury in this case found that the employer, DuPont, acted with 'deliberate intent,'" William Schwartz, a lawyer forLupardis' widow, said Tuesday. "I think that was a significant finding."

But the jury rejected a similar claim from the family of another longtime DuPont worker. RobertPritt had worked at the Belle plant from the 1940s until 1959. He died ofmesothelioma last year.

The jury also refused to blame DuPont for the lung cancer that killed Page Humphreys. His survivors linked his exposure to his stint as a union contract worker at DuPont'sParkersburg plant in 1960.

But the jury awarded $24,800 to a second contract worker. BernardBelville blames the asbestos-related thickening of the lining of his lungs on his 10 weeks at the Belle plant.

The jury reached its various verdicts Friday, capping a three-week trial before a pair of judges assigned all asbestos-related claims.

The case originally involved more than 60 plaintiffs and a number of companies. All but the five claims against DuPont settled before the trial's opening statements.

Asbestos claims generally allege that the companies that made, used or installed the fibrous material had known for decades of its health hazards, but suppressed that knowledge until the 1970s.

The state workers' compensation system normally handles injury claims against employers. Workers must clear a series of legal hurdles when they file suit against employers, as in the case ofLupardis andPritt.

Senior Judge AndrewMacQueen and Ohio County Circuit Judge MartinGaughan presided over the trial, which was held at the Robert C. Byrd United States Courthouse to accommodate the number of lawyers involved.

The jury started deliberating Thursday afternoon and returned its verdicts Friday evening.

To contact staff writer Lawrence Messina, use e-mail or call 348-4869.

http://www.harvitschwartz.com/Newspaper%20articles/ASBESTOS%20JUDGMENTS%20COST%20DUPONT.htm
 
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