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ASBESTOS NEWS DAILY - Mississippi Mesothelioma Lawyer
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Mesothelioma Asbestos inMississippi


 

We connect you with experienced Mesothelioma Asbestos lawyers inMississippi. If have been diagnosed with Mesothelioma or an Asbestos related illness we can help you file a claim.

Those diagnosed with Mesothelioma and other Asbestos related diseases inMississippi have legal options and may seek compensation through Mesothelioma litigation.

Filing a claim against the companies that are responsible for your asbestos exposure will help you gain compensation for medical costs and pain and suffering associated with asbestos-related illnesses. A Mesothelioma lawyer can help you pursue compensation for the following things:

  • Lost income
  • Medical bills
  • Group support for yourself and loved ones
  • End-of-life expenses

We help patients and their families make educated, informed decisions about how to proceed with filing Mesothelioma, Asbestosis and other asbestos-related cancer claims.

We will walk you through the entire process of connecting with an experiencedMississippiMesothelioma Lawyer and also help you find a qualified Mesothelioma doctor.

 
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Mississippi – Asbestos Trades – Asbestos Mesothelioma Claims Filed

15 new asbestos claims filed inMadisonCountyMay 3-7
5/26/2010 9:00 AM By Kelly Holleran 

A total of 15 newasbestos lawsuits were filed in Madison County Circuit Court during the week of May 3 through May 7.

The following complaints were filed:

--Darlene S. Acosta ofWisconsin claims the recently deceased Stanley W. Piwowarczyk developed lung cancer after his work as a hammer man, helper and oven loader from 1950 until 1987. Acosta will be represented by Richard L. Saville Jr., Ethan A. Flint and Joseph P. Whyte of Saville andFlint inAlton. Madison County Circuit Court case number: 10-L-480.

--Phoebe Adams of Maryland claims her recently deceased husband, Albert R. Adams Sr., developed lung cancer after his work as a self-employed carpenter, an assembly line worker, grounds maintenance worker, roofer and laborer at various locations from 1954 until 1979. Phoebe Adams will be represented by Robert Phillips and Perry J. Browder of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 10-L-495.

--Eugene Cox claims his recently deceased wife, Rosann Cox, developed mesothelioma after her work as a homemaker. Rosann Cox was also secondarily exposed to asbestos fibers through her husband, who worked as a draftsman and design engineer from 1973 until 1979. Eugene Cox will be represented by Robert Phillips and Perry J. Browder of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 10-L-491.

--Charles Curtis claims his recently deceased wife, Rita Curtis, developed mesothelioma after she was secondarily exposed to asbestos fibers through her husband, who worked for Nunn Electric from 1960 until 1984 at various locations, includingTexas andLouisiana. Charles Curtis will be represented by Allyson M. Romani and Ross D. Stomel of Shrader and Associates inHouston. Madison County Circuit Court case number: 10-L-483.

--Thelma J. Daniely ofMissouri, an asbestos coat assembler from 1968 until 1971, a product demonstrator and department manager from 1973 until 1981 and a seamstress and collar setter, claims asbestosis. Daniely will be represented by Elizabeth V. Heller and Robert Rowland of Goldenberg, Heller, Antognoli and Rowland in Edwardsville. Madison County Circuit Court case number: 10-L-488.

--Joan and Houston Dewey of Virginia claim Joan Dewey developed mesothelioma after her work as a registered nurse at various locations throughoutIllinois,California andMichigan from 1969 until now. Joan Dewey was also secondarily exposed to asbestos fibers through her husband, who worked as a radiological health physicist at Commonwealth Edison from 1984 until 1985. The Deweys will be represented by Timothy F. Thompson Jr. of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 10-L-494.

--Eligah Gibbs ofMississippi,a laborer and truck driver from 1965 until 2010,claims mesothelioma. Gibbs will be represented by Brian J. Cooke of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 10-L-484.

--Kelly Dean Joyce ofIllinois, a service station attendant, agricultural worker, maintenance instructor, maintenance supervisor and laborer at various locations from 1966 until 1996, claims mesothelioma. Joyce was also secondarily exposed to asbestos fibers through his father, John Joyce, who worked as a yard master at the River Terminal Railway Company from 1948 until 1968. Kelly Joyce will be represented by Myles L. Epperson and W. Brent Copple of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 10-L-501.

--Glenn and Joyce Metzger ofWashington claim Glenn Metzger developed mesothelioma after his work as an insulator from 1953 until 1989. The Metzgers will be represented by Elizabeth V. Heller and Robert Rowland of Goldenberg, Heller, Antognoli and Rowland in Edwardsville.

--Peggy Nitchals ofKansas claims her recently deceased husband, James Nitchals, developed mesothelioma after his work as a general superintendant from 1950 until 1979. Peggy Nitchals will be represented by Robert Phillips and Perry J. Browder of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 10-L-497.

--John C. O'Donnell ofWisconsin, a service station attendant, laborer, manager, plumber, customer service agent and pump mechanic at various locations throughoutIllinois from 1969 until 2010, claims mesothelioma. O'Donnell will be represented by Myles L. Epperson and W. Brent Copple of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 10-L-477.

--La-Tisha Robinson ofIndiana claims her recently deceased father, Ethel Julkes, developed lung cancer after his work as a laborer and painter at various locations from 1970 until 1979. Robinson will be represented by Robert Phillips and Perry J. Browder of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 10-L-496.

--Linda Rose ofFlorida claims her recently deceased husband, Milo M. Rose Jr. II, developed mesothelioma after his work as a plant maintenance worker at various locations from 1966 until 1979. Rose will be represented by Robert Phillips and Perry J. Browder of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 10-L-487.

--Robert Shelleby ofPennsylvania, a laborer and maintenance foreman at various locations from 1960 until 2009, claims mesothelioma. Shelleby will be represented by Brian J. Cooke of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 10-L-486.

--Eric Williams ofIllinois, a laborer and truck driver at various locations throughoutIllinois from 1986 until 2010, claims mesothelioma. Williams was also secondarily exposed to asbestos fibers through his stepfather, Lawrence Moore, who worked as a machine operator at General Electric from the 1960s until 2002, according to the complaint. Williams will be represented by Shane F. Hampton and Paul M. Dix of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 10-L-479.

http://www.madisonrecord.com/news/227104-15-new-asbestos-claims-filed-in-madison-county-may-3-7


 
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Mississippi – Asbestos Trades – $15 Mesothelioma Jury Award

Mississippi jury awards money for 'every breath' in $15M asbestos verdict

By Sylvia Hsieh
Publication: Lawyers WeeklyUSA
Date: Tuesday, April 20 2010

AMississippi jury hasawarded $15 million to a 71 year-old oil industry worker who developedasbestosis after years of handling bags of product containing 99 percent asbestos.

In opening statements, lead plaintiff's attorney Greg Jones ofFranklin, Cardwell & Jones inHouston asked the jury,

"What is the value of a breath?"

Plaintiff Troy Lofton, who testified at trial with tubes in his nose and ears and holding an oxygen bottle that assists his breathing 24 hours a day, alleged that ConocoPhillips manufactured a dangerous product while knowing of its dangers.

The case is only the third to go to trial of over 700 pending cases involving oilfield workers who developed lung cancer, asbestosis ormesothelioma after handling products made by ConocoPhillips or its subsidiaries.

Among the evidence at trial was a handwritten document indicating that the company had weighed the cost of personal injury lawsuits against the profits of continuing to sell asbestos.

Jones requested punitive damages, but the jury declined to award them.

AlexCosculluela, lead defense counsel for ConocoPhillips, declined to comment.

Brian Cain, a spokesperson for the defendant, said that the company is "disappointed with the verdict and plans to appeal any resulting judgment. "

Mud additive

The plaintiff, whose parents were sharecroppers, began his lifelong work in the oil and gas industry at age 25 in 1964, around the same time a subsidiary of Phillips 66 (which later merged into ConocoPhillips ) began sellingFlosal, a mud additive that assisted in oil and gas drilling.

During the twenty years the product was on the market, the plaintiff was responsible for ripping open 50-pound bags and pouring the contents by hand into mud hoppers, thereby inhaling the dust.

At trial, Jones emphasized that the company continued to sell and market the product to customers without warning them of dangers it knew about.

For example, the company told oilfieldemployers who purchasedFlosal that the dust levels didn't exceed OSHA ceilings and therefore they did not have to provide medical exams, keep medical records or perform dust monitoring.

The plaintiff, on the other hand, testified that he "looked like a snowman" every time he handled the product.

According to Jones, company documents dating back to the 1960s revealed that the mixing conditions were "so dusty it was difficult to see and breathe. "

The company avoided testing the product for 11 years, and even after tests established that asbestos dust was produced in workers' breathing zones, it continued to sell the product for another 10 years, Jones said.

He argued that a warning label added in 1968 was insufficient.

"They never put anything on the bag that said asbestos could cause cancer. It was basically an innocuous warning saying, 'Don't breathe this,'" Jones charged. "They continued to tell their customers that the product was non-toxic and essentially dust-free, all of which was false. "

Company documents exposed internal debate over the warnings.

Jones introduced a company memo showing a handwritten mathematical formula weighing the cost of personal injury lawsuits against the profits of selling the product.

Although the defense dismissed it as a "scrap of paper," it was one of many internal memos questioning whether the warnings were sufficient, Jones said.

One live witness

Only one live witness testified for the defense - an expert who opined that it was unlikely the plaintiff had asbestosis even though he admitted he had not reviewed the plaintiff's extensive work history with asbestos, and ultimately acknowledged that Lofton was a "pulmonary cripple. "

Jones also pointed out that the expert stopped seeing patients in 2000 to devote his full attention to serving as an exclusively defense-side expert, from which he has made over $6 million.

According to Jones, in its closing the defense told the jury that it "took courage" for the expert to give his opinion that the plaintiff did not suffer from asbestosis.

Jones countered in his closing: "It didn't take any courage; all it took was money. "

Perhaps most damaging to the defense was not putting a corporate representative on the stand.

Jones' co-counsel Ron Franklin hammered this point home during his portion of closing arguments: "Not one human being, not one executive, not anybody from ConocoPhillips who they can put on the witness stand to tell you this product was safe. Not one person. "

He told the jury the case was "your opportunity to change a man's life and speak for generations of workers nobody cared about. "

After four hours of deliberations, the jury awarded $200,000 in economic damages and $15 million for pain and suffering, loss of enjoyment, emotional distress and fear of cancer.

The next trial overFlosal is scheduled for trial in June inJeffersonCounty, Miss.

Plaintiff's attorneys: Greg Jones and Ron Franklin of Franklin, Cardwell & Jones inHouston; and J. Robert Sullivan of Sullivan & Sullivan in Laurel, Miss.

Defense attorneys: AlexCosculluela and Jeff Trotter of Adams & Reese inHouston.

The case: Lofton v. Phillips 66 Co.; April 7, 2010; Jones County Circuit Court, Mississippi, 2d Judicial District; Judge Billy Joe Landrum.

http://www.allbusiness.com/legal/torts-damages/14345130-1.html

 
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Mississippi – Asbestos Trades – Asbestos Mesothelioma Filed Cases

14 new asbestos cases filed Jan. 18-22
2/3/2010 11:56 AM By Kelly Holleran

A total of 14 newasbestos lawsuits were filed in Madison County Circuit Court during the week of Jan. 18 through Jan. 22.

The following complaints were filed:

--James R. Bell ofAlabama, a laborer and carpenter at various locations from 1955 until 1979, claims lung cancer.Bell will be represented by Robert Phillips and Perry J. Browder of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 10-L-59.

--David and Bernice Belton ofArizona claim David Belton developed lung cancer after his work as a laborer performing home repairs from 1958 until 1961, as a stone maker and layer from 1961 until 1963, as a welder for R.F.P. from 1965 until 1972 and as a welder for Chrysler from 1972 until 2002. The Beltons will be represented by Elizabeth V. Heller and Robert Rowland of Goldenberg, Heller, Antognoli and Rowland in Edwardsville. Madison County Circuit Court case number: 10-L-64.

--Willie Buchanan ofMinnesota, a laborer and carpenter at various locations from 1967 until 1979, claims lung cancer. Buchanan will be represented by Robert Phillips and Perry J. Browder of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 10-L-58.

--Louise Dotson ofIllinois, a laborer, welder and machinist at various locations from 1968 until 1979, claims lung cancer. Dotson will be represented by Robert Phillips and Perry J. Browder of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 10-L-53.

--Terry L. Hupp ofOhio, a lab technician at various locations from 1967 until 1977, claims lung cancer. Hupp will be represented by Robert Phillips and Perry J. Browder of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 10-L-60.

--Rogelio Perez Sr. of Indiana, a painter, laborer and operator at various locations from 1961 until 1979, claims lung cancer. Perez will be represented by Robert Phillips and Perry J. Browder of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 10-L-57.

--Mary Phillips ofGeorgia claims the recently deceased Gertha Phillips developed mesothelioma after her work as a splicer at Anderson Mills from 1971 until 1976, as an inspector at Smith and Nephew from 1977 until 1990, as a battery inspector at Masbac from 1990 until 1998 and as a custodian atMuscogeeCountySchool District from 2003 until 2008. Mary Phillips will be represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates in Edwardsville. Madison County Circuit Court case number: 10-L-49.

--Mary Ramsey claims her recently deceased husband, James Ramsey, developed mesothelioma after his work as a carpenter helper at Ragland in 1965, as a lathe operator at CAPCO Finish from 1965 until 1966, as a tester at Stockham Valve in 1966, as an assembly line worker at Anniston Depot Assembly Line from 1966 until 1970, as a supply clerk at Anniston Depot Supply from 1970 until 1974, as a mechanic at Anniston Depot Electric from 1974 until 1977 and as a mechanic at Anniston Depot Fuel and Electric from 1977 until 1995. Mary Ramsey will be represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates in Edwardsville. Madison County Circuit Court case number: 10-L-51.

--James R. Smith ofMississippi, a laborer and carpenter at various locations from 1966 until 1979,claims lung cancer. Smith will be represented by Robert Phillips and Perry J. Browder of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 10-L-56.

--Ginger Vail ofMississippi, a laborer at various locations in 1972,claims mesothelioma. Vail claims she was also secondarily exposed to asbestos fibers through her family member, Berdic Taylor, who worked as a laborer, carpenter and home remodeler at various locations from 1965 until 1976. Vail will be represented by Robert Phillips and Perry J. Browder of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 10-L-54.

--William Warren ofUtah, a boiler technician and supervisor at various locations from 1944 until 1975, claims mesothelioma.Warren will be represented by Randy S. Cohn of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 10-L-61.

--Eddie Williams ofMissouri, a laborer and assembler at various locations from 1969 until 1979, claims lung cancer. Williams will be represented by Robert Phillips and Perry J. Browder of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 10-L-55.

--Anna Mae Willie ofIndiana claims her recently deceased husband, Franklin D. Willie, developed lung cancer after his work as a plumber and electrician for Kitchen Kompact from 1956 until 1996. Anna Mae Willie will be represented by Elizabeth V. Heller and Robert Rowland of Goldenberg, Heller, Antognoli and Rowland in Edwardsville. Madison County Circuit Court case number: 10-L-63.

--Frances Winberg claims her recently deceased husband, Tracy Winberg, developed mesothelioma after his work as a baker from the 1960s until 2008 and as a construction worker from the 1960s through the 1970s. Frances Winberg will be represented by Matthew B. McLeod of Shrader and Associates inHouston. Madison County Circuit Court case number: 10-L-65.

http://www.madisonrecord.com/news/224518-14-new-asbestos-cases-filed-jan.-18-22

 
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Mississippi – Asbestos Trades – Asbestos Mesothelioma Lawsuits

15 new asbestos cases filed inMadisonCountyOct. 19-23
11/10/2009 7:24 AM By Kelly Holleran 

A total of 15 newasbestos lawsuits were filed in Madison County Circuit Court during the week of Oct. 19 through Oct. 23.

The following complaints were filed:

--Ann M. Bailey ofIllinois claims her recently deceased husband, Robert E. Bailey, developed lung cancer after his work with the Steamfitters Local 429 from 1950 until 1990. Ann M. Bailey will be represented by Elizabeth V. Heller and Robert Rowland of Goldenberg, Heller, Antognoli and Rowland in Edwardsville. Madison County Circuit Court case number: 09-L-1138.

--Judith Bonfield of Indiana, a clerk, secretary, travel agent and administrative assistant at various locations from 1964 until 2001, claims mesothelioma. Bonfield will be represented by Randy S. Cohn of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1123.

--Shirley Foley claims she should be entitled to file a lawsuit on behalf of her recently deceased husband, C.L. Foley, who had a right to pursue an asbestos claim. Shirley Foley will be represented by G. Michael Stewart and Jill Price of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1109.

--Ellen and James Girt ofOregon claim Ellen Girt developed mesothelioma after her work as a bookkeeper at various locations from 1978 until 2005. Ellen Girt was also exposed to asbestos fibers through her spouse, who worked as a logger, laborer, pilot and farmer at various locations from 1968 until now. The Girts will be represented by Amy E. Garrett and W. Brent Copple of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1111.

--Samantha Gordon claims the recently deceased Ralph T. Mallory Jr. developed mesothelioma after his work as a pipefitter and welder in the U.S. Navy from 1958 until 1968, as a power and construction worker from 1968 until 1972, as a construction superintendent at Voss International from 1972 until 1975, as a construction superintendent for Coke Battery from 1975 until 1977 and as a construction worker and plumber from 1988 until 1991. Gordon will be represented by Randy L. Gori of Gori, Julian and Associates in Edwardsville.

--Edmundo Gutierrez ofCalifornia, a clerk, assembler and parts and shipping clerk at various locations throughoutCalifornia from 1972 until 1996, claims mesothelioma. Gutierrez will be represented by Christopher R. Guinn and Christopher J. Levy of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1122.

--Densic Hayes Jr. ofLouisiana claims his recently deceased father, Densic Hayes Sr., developed mesothelioma after his work as a laborer, cook and dietician at various locations throughoutLouisiana andCalifornia from 1956 until 2009. Densic Hayes Jr. will be represented by Christopher R. Guinn and John P. Wagner of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1132.

--Floyd Hicks Jr. and Earline Hicks of Kentucky claim Floyd Hicks Jr. developed lung cancer after his work as a laborer for General Motors from 1959 until 1989. The Hicks will be represented by Elizabeth V. Heller and Robert Rowland of Goldenberg, Heller, Antognoli and Rowland in Edwardsville. Madison County Circuit Court case number: 09-L-1137.

--Jeanette Moorman ofOregon, claims her recently deceased husband, Wilfred Moorman, developed mesothelioma after his work as a concrete worker, pipefitter, welder and coal carrier from 1942 until 1978. Jeanette Moorman will be represented Myles L. Epperson of Simmons, Browder, Gianaris, Angelides and Barnerd of East Alton. Madison County Circuit Court case number: 09-L-1124.

--Eddie Patterson of Illinois, a painter at Chrysler from 1964 until 1967, a helper at Gray Iron Foundry from 1969 until 1970, an assembly line worker at J.I. Case from 1970 until 1972, a forklift driver from 1972 until 1986 and a home remodeler, claims lung cancer. Patterson will be represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates in Edwardsville. Madison County Circuit Court case number: 09-L-1110.

--Charles E. Schmidt ofMaryland alleges Lurecia M. Schmidt died from mesothelioma after working as a service worker at theUniversity ofMiami. Charles E. Schmidt will be represented by Richard L. Saville Jr. and Ethan A. Flint ofAlton. Madison County Circuit Court case number: 09-L-1118.

--Raymond Strickland ofMississippi claims his recently deceased wife, Lillian Strickland,developed mesothelioma after she was exposed to asbestos fibers through her husband, who worked as an insulator at various locations from 1948 until 1979. Raymond Strickland will be represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1116.

--Elaine Taylor-Tyler claims her recently deceased father, Dave Tyler, developed lung cancer after his work around asbestos fibers. Taylor-Tyler will be represented by Amy E. Garrett and W. Brent Copple of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1136.

--Krystyna Wolek ofIllinois claims her recently deceased uncle, Frank Balwierz, developed mesothelioma after his work as a machinist at various locations from 1964 until 1994. Wolek will be represented by G. Michael Stewart and Jill Price of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1117.

--Lois Yates ofVirginia claims her recently deceased husband, Johnny Yates, Sr., developed mesothelioma after his work as a coal shooter, penner operator, gas attendant and mechanic at various locations throughoutVirginia. Lois Yates will be represented by Christopher R. Guinn and John P. Wagner of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1133.

http://www.madisonrecord.com/news/222137-15-new-asbestos-cases-filed-in-madison-county-oct.-19-23

 
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Mississippi – Asbestos Trades – Asbestos Exposure Lawsuits

Seven asbestos claims filed inMadisonCounty between July 6-10
7/22/2009 1:47 PM By KellyHolleran

A total of seven newasbestos lawsuits were filed inMadisonCounty during the week of July 6 through July 10.

The following claims were filed:

--Luther Gibson ofWisconsin, a field worker, laborer and machinist at various locations from 1945 until 1991, claimsmesothelioma. Gibson is represented by Nicholas J.Angelides ofSimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-716.

--BeverlyGrinko ofIllinois claims her recently deceased husband, DonaldGrinko, developedmesothelioma after his work as a sheet metal worker at various locations from 1962 until 2002. BeverlyGrinko is represented by Randy S. Cohn ofSimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-720.

--David Hicks of California, a quartermaster, machinist and repair man from the 1950s until 1987, claimsmesothelioma.Hicks is represented by Randy S. Cohn ofSimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-721.

--James L. McClain Jr. and Dianne McClain ofMississippi claim James L. McClain Jr.developedmesothelioma after his work as a machinist from 1968 until 1970, as a plumber's helper from 1976 until 1977 and as a laborer, cementer and supervisor from 1977 until 2007. TheMcClains are represented by Elizabeth V. Heller and Robert Rowland of Goldenberg, Heller,Antognoli and Rowland in Edwardsville. Madison County Circuit Court case number: 09-L-705.

--SherylMcClary ofIllinois claims recently deceased William Burke developed lung cancer after his work as a mold maker at Owens-Illinois Glass inAlton from 1956 until 1993.McClary is represented by Randy L.Gori and Barry Julian ofGori, Julian and Associates in Edwardsville. Madison County Circuit Court case number: 09-L-703.

--Paul and GenevievePadalino claims PaulPadalino developedmesothelioma after his work as a heating and furnace repair worker and sheet metal worker from 1949 until 1977, as a sheet metal worker at Ford Transmission Plant from 1977 until 1980, as a power plant operator and pipefitter in 1980, as an operator at Ford Sheldon Road Parts from 1983 until 1994 and performing home remodeling and construction from 1956 until 1989. ThePadalinos are represented by Randy L.Gori ofGori, Julian and Associates inAlton. W. Mark Lanier, Patrick N. Haines, Angela B. Greenburg, Sam T. Richard, Bridget B.Truxillo and Lauren H. Ware of The Lanier Law Firm inHouston will serve of counsel. Madison County Circuit Court case number: 09-L-704.

--JosephZembala ofIndiana claims his recently deceased wife, BernadetteZembala, developedmesothelioma after she was secondarily exposed to asbestos through her husband, who worked as a millwright from 1946 until 1982. JosephZembala is represented by Randy L.Gori and Barry Julian ofGori, Julian and Associates in Edwardsville. Madison County Circuit Court case number: 09-L-715.

http://www.madisonrecord.com/news/220151-seven-asbestos-claims-filed-in-madison-county-between-july-6-10

 
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Mississippi – Asbestos Exposure –Mesothelioma Asbestos Lawsuit

29 new asbestos cases filed inMadisonCountyJune 8-12
6/23/2009 7:12 AM By Kelly Holleran 

A total of 29 newasbestos lawsuits were filed in Madison County Circuit Court during the week of June 8 through June 12.

The following complaints were filed:

--Linda Barrier ofColorado claims her recently deceased husband, James L. Barrier, developed lung cancer after his work as a mechanic, industrial equipment repairman and rental property renovator from 1965 until 1979. Barrier is represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-611.

--Patricia Blundell ofTexas claims her recently deceased husband, Jimmie Blundell, developed mesothelioma after his work as a carpenter, roofer and factory worker at various locations from 1962 until 1979. Blundell is represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-617.

--Norma Briesacher ofIllinois claims her recently deceased husband, Robert Briesacher, developed lung cancer after his work as a supervisor and delivery driver from 1962 until 1975. Briesacher is represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-599.

--Jackie Ray Casteel ofIllinois, a derrick hand and motorman in an oilfield from 1979 until 1986, claims asbestosis. Casteel is represented by Patricia S. Murphy of Murphy Law Office in Energy. Madison County Circuit Court case number: 09-L-591.

--Cheryl Copeland ofIllinois claims her recently deceased husband, Herman Copeland, developed mesothelioma after his work as a mechanic and carpenter at various locations inIllinois andIndiana from 1970 until 2005. Copeland is represented by Amy E. Garrett and W. Brent Copple of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-624.

--Joyce Corbyn claims her recently deceased husband, George Corbyn, developed mesothelioma after his work as a carpenter at various locations from 1947 until 1979. Corbyn is represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-618.

--John Robert Cox ofIllinois, a roughneck and driller on the oilfield from 1952 until 1986, claims asbestosis. Cox is represented by Patricia S. Murphy of Murphy Law Office in Energy. Madison County Circuit Court case number: 09-L-590.

--Laura Dawes ofConnecticut, a mail sorter, assembly line worker and welder from 1971 until 1979, claims mesothelioma. Dawes is represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-593.

--Joseph DeMauro Sr. ofConnecticut, an apprentice carpenter, laborer, sweeper and painter from 1952 until 1979, claims lung cancer. DeMauro is represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-597.

--Donna Elliott, representative of the heirs and estate of Shirley Elliott, claims Shirley Elliott developed mesothelioma after her work at Cedar Village Restaurant from the 1960s until the 1990s. Shirley Elliott was also secondarily exposed to asbestos fibers through her former spouse, Nathan Elliott, who worked for various employers including the Kentucky National Guard and Ward Engineering from 1949 until 1974, according to the complaint. Shirley Elliott was also exposed to asbestos fibers through her father, Eugene Drake, who worked as a laborer for L and N Railroad from 1954 until 1958. Donna Elliott is represented by Randy L. Gori of Gori, Julian and Associates inAlton. W. Mark Lanier, Patrick N. Haines, Angela B. Greenburg, Sam T. Richard, Bridget B. Truxillo and Lauren H. Ware of The Lanier Law Firm inHouston will serve of counsel. Madison County Circuit Court case number: 09-L-615.

--George T. Engle ofIllinois, a floor hand on the oilfield from 1966 until 1978, claims asbestosis. Engle is represented by Patricia S. Murphy of Murphy Law Office in Energy. Madison County Circuit Court case number: 09-L-589.

--Maria Feola ofFlorida claims her recently deceased husband, Amerigo Feola, developed mesothelioma after his work as a concrete finisher, laborer and supervisor at various locations from 1953 until 1970. Feola is represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-601.

--Leroy W. Gammon ofIllinois, a derrick hand, driller, pusher and chain hand from 1955 until 1981, claims asbestosis. Gammon is represented by Patricia S. Murphy of Murphy Law Office in Energy. Madison County Circuit Court case number: 09-L-588.

--Ronald Garlick ofIllinois, a roughneck and chain hand on the oilfield from 1963 until 1974, claims asbsestosis. Garlick is represented by Patricia S. Murphy of Murphy Law Firm in Energy. Madison County Circuit Court case number: 09-L-587.

--Glenna Goede ofMissouri claims her recently deceased husband, Gerald Goede, developed mesothelioma after his work as a laborer, oiler, aircraft mechanic and engineer from 1946 until 1979. Goede is represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-619.

--Dolores Hallee ofMaine, a stacker operator at various locations from 1971 until 1979, claims lung cancer. Hallee says she was also secondarily exposed to asbestos fibers through her family member, Norman Hallee, who worked as a boiler mechanic and maintenance supervisor at various locations from 1952 until 1979. Hallee is represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-594.

--Marie B. Hawks ofNorth Carolina claims her recently deceased husband, William F. Hawks Sr., developed lung cancer after his work as a concrete worker, laborer and boiler mechanic at various locations from 1970 until 1979. Hawks is represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-602.

--Clarence Steven Heil ofIllinois, a floorhand in the oilfield from 1960 through the 1980s, claims asbestosis. Patricia S. Murphy of Murphy Law Office in Energy will be representing Heil. Madison County Circuit Court case number: 09-L-586.

--Anna Hess claims she was secondarily exposed to asbestos fibers through her husband, who worked as a mechanic from 1955 until 1980. Because of her exposure, Hess says she developed mesothelioma. Hess is represented by Andrew O'Brien, Christopher Thoron, Christina J. Nielson, Bartholomew J. Baumstark and Gerald J. FitzGerald of O'Brien Law Firm inSt. Louis. Madison County Circuit Court case number: 09-L-629.

--James W. Howell Jr. ofMississippi claimsmesothelioma on behalf of a recently deceased woman, Patricia A. Tigner, who worked as a beautician at a local beauty shop for 35 years. Tigner was also secondarily exposed to asbestos through her grandfather, who worked on various heavy equipment; through Burt Howell, who used Euclid products as a dirt mover; through her cousin Bobby Joe Tigner, who was a welder by trade and worked on boilers at Dupont and Exxon; through her husband, who was a used car salesman; through William Tigner, who did roofing and drywall work; and through her sister, who worked in various plants. Howell is represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates in Edwardsville. Madison County Circuit Court case number: 09-L-583.

--Margaret L. Kohler ofWashington claims her recently deceased husband, Peter Kohler Sr., a pipefitter at various locations from 1946 until 1979, developed mesothelioma. Robert Phillips, Perry J. Browder and Rosalind M. Robertson of SimmonsCooper inEast Alton will be representing Kohler. Madison County Circuit Court case number: 09-L-598.

--Engelbert Kraus ofMichigan, a teacher, counselor and YMCA instructor and maintenance worker from 1943 until 1979, claims mesothelioma. Kraus is represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-595.

--Justine Mellynchuk ofMassachusetts claims her friend, Gloria Bishop, developed mesothelioma after her work as a waitress and insulator at various locations from 1943 until 1973. Mellynchuk is represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-604.

--Virginia Neely of Missouri claims her recently deceased husband, Roy Neely, developed pleural plaques after his work as a laborer at various locations from 1956 until 1979. Neely is represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-610.

--Daniel Nichols ofTennessee, a laborer and roofer at various locations from 1960 until 1979, claims lung cancer. Nichols is represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-596.

--Vergie Mae Overbee, a self-employed grocer in 1968; a coil winder at Consolidated Radio from 1951 until 1956; a laborer at Zenith Radio from 1957 until 1967; a laborer at Motorola from 1967 until 1968; a laborer at GM from 1969 until 1971; a member of a labor gang at Kaiser Aluminum in 1969; a packer and cleaner at Johnson and Johnson from 1970 until 1972; a home construction worker from 1971 until 1972; and a laborer at Zenith Radio from 1955 through 1966, claims mesothelioma. Overbee is represented by Randy L. Gori of Gori, Julian and Associates in Edwardsville. W. Mark Lanier, Patrick N. Haines, Angela B. Greenburg, Sam T. Richard, Bridget Baragona and Lauren H. Ware of The Lanier Law Firm inHouston will serve of counsel. Madison County Circuit Court case number: 09-L-616.

--Herschel Don Phillips of Illinois, a derrick hand, floor hand and drilling foreman from 1961 through 1972 and from 1981 until 1983, claims asbestosis. Phillips is represented by Patricia S. Murphy of Murphy Law Office in Energy. Madison County Circuit Court case number: 09-L-585.

--Barbara Senko ofArizona claims her recently deceased husband, Robert Senko, developed mesothelioma after his work as a marine machinist from 1959 until 1979. Senko is represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-603.

--Kevin T. Stucky ofIllinois, a derrick hand and driller in the oilfield from 1975 until 1987, claims asbestosis. Stucky is represented by Patricia S. Murphy of Murphy Law Office in Energy. Madison County Circuit Court case number: 09-L-584.

http://www.madisonrecord.com/news/219698-29-new-asbestos-cases-filed-in-madison-county-june-8-12

 
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Mississippi – Asbestos Trades – $2.5 Million Asbestos Lawsuit

Southern Illinois cases included in asbestos MDL: 94-year-oldTennesseean among plaintiffs
5/15/2009 5:21 AM By SteveKorris 

Robreno

PHILADELPHIA -Rubert Ellington ofTennessee, 94-years-old, claims his former employers owe him $2.5 million for wrecking his health.

Ellington sued Illinois Central Railroad atU.S. district court inEast St. Louis in 2007, claiming itexposed him to harmful asbestos from 1959 to 1979.

Lawyer William Gavin ofBelleville added a claim that BNSF similarly harmed him from 1957 to 1959.

Gavin's complaint showed he was born in 1914.

On Thursday, May 14, Ellington answered his phone inMilan,Tenn. and said he couldn't hear well.

He heard a question about his age and said he was born Sept. 21, 1914.

In answer to the next question he said he couldn't hear. He hung up.

His claim will vanish unless Gavin rescues it from swift disposal by U.S. District Judge EduardoRobreno ofPhiladelphia.

Robreno, responsible for pretrial proceedings in asbestos suits from federal courts around the nation, has cleared away claims at a rate of 6,000 a day this year.

He took over the docket last year and required each plaintiff to state a claim against each defendant rather than a blanket claim against all defendants.

Where many plaintiffs joined a single suit, he required a separate suit from each.

His process turned tens of thousands of suits into more than three million suits.

Defendants askedRobreno to dismiss about half the claims with a stroke of a pen, butRobreno preferred a thorough approach.

He asked defendants for "show cause" motions to get rid of claims one by one, and he set weekly hearings for hundreds at a time.

He enlisted a platoon of magistrates to preside over settlement conferences, and he started rounding up mediators.

On May 4 he appointed a mediator for 2,800 plaintiffs fromIndiana,Wisconsin andIllinois, including more than 100 from the Southern District of Illinois.

On May 7 he focused on 22 Gavin plaintiffs and five clients ofSt. Louis lawyer Patrick O'Brien in the Southern District.

They all sued Illinois Central as their former employer.

Among those who listed home towns, not one lived inSouthern Illinois.

Two O'Brien clients came from Heyworth and the others came fromDecatur,Champaign and Tuscola, all in the Central District.

An O'Brien complaint lists a litany of more than 20 ways to cough, plus a lament of constant medical care.

The same words appear in each complaint.

Gavin sued on behalf of three and four men at a time, claiming common issues regardless of occupation, location or duration.

In one case he asserted common questions for acarman who started work in 1950, a laborer who started in 1953, an electrician who started in 1974, and an electrician who started in another city in 1972.

All four lived inAlabama.

In another suit Gavin asserted common questions for two engineers and twocarmen whose jobs began from 1934 to 1971.

The complaint didn't say where the plaintiffs lived.

Another suit showed twoMississippi plaintiffs, one fromAlabama, and one fromCoconino County,Ill.

Illinois lacks aCoconinoCounty, though it could use one. The realCoconinoCounty, inArizona, features theGrand Canyon.

Gavin didn't specify damages for any client but Ellington.

None of the cases remained in the Southern District for long.

Defendants asked the U.S. Judicial Panel on Multi District Litigation to transfer them toPhiladelphia, and the panel granted transfers.

This February, defendants filed show cause motions asserting that plaintiffs didn't state specific claims asRobreno required.

O'Brien responded that he didn't receive notices to comply withRobreno's order and didn't know about it until defendants posted the motions at the Southern District.

Terry Brown ofBelleville entered an appearance as his co-counsel.

Gavin didn't respond as smoothly as O'Brien.

On April 24 the court received responses on behalf of Gavin's clients, arguing that they met the requirements of the order in 2007.

The responses bore the signature of Hector Sandoval, ofRoven-Kaplan inHouston.

On April 27 clerks declared the responses deficient because they didn't come through Sandoval's password.

The Gavin and O'Brienplaintiffs suits started from 2004 to 2007.

On May 11 a new case fromSouthern Illinois bubbled up onRobreno's front burner.

The Multi District Panel sent him a wrongful death suit that MichaelCascino ofChicago filed in January on behalf of the late EdwardShotts.

According to the complaintShotts died in 2005, at age 76.

Cascino didn't give his residence, but a work history placed him inIndiana.

Prior to transfer, defendants Owens-Illinois and Guard Line Inc. argued that a two year limit had run out on wrongful death.

Airgas Merchant Gases echoed the argument and added that the complaint was devoid of facts.

Diseases

From all five O'Brien complaints: Plaintiff has developed or is at risk to develop one or more of the following diseases: asbestosis, lung cancer,mesothelioma, asbestos related pleural disease, mixed dust, pneumoconiosis, occupational asthma, bronchitis, obstructive lung disease, chronic obstructive lung disease, silicosis, shortness of breath, reduced lung function, chronic persistent cough, chest congestion, sleep interruption, aggravation of pre-existing and co-existing disease, throat cancer, laryngeal cancer, lymphoma, gastrointestinal cancer, colon, stomach and rectal cancer, other asbestos related cancers, other diesel fume and exhaust related cancers, and other cancers associated with toxic exposure to solvents, chemicals, industrial products or chemicals, dusts, and/or particles.

The complaints also state that plaintiff has been under constant medical care and attention and will continue to receive same.

http://www.madisonrecord.com/news/219046-southern-illinois-cases-included-in-asbestos-mdl-94-year-old-tennesseean-among-plaintiffs
 
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Mississippi – Asbestos Litigation – Rise in Asbestos Cases

Delaware, California new prime targets for asbestos plaintiffs
4/30/2009 12:30 PM By Staff Reports 

During a recent interview with a reporter, Lester Brickman recalled an old television western from days gone by called "Have Gun-Will Travel."

"The main character was named Paladin and his logo was 'have gun-will travel,'" Brickman recalled. "It would start with a little ditty and the title and such. Well, that's kind of like the plaintiffs' lawyers logo now. 'Have case-Will travel. We will go wherever we have the friendliest courts, laws and juries.'"

The assessment, coming as it did from Brickman, is particularly relevant in the aftermath of the Nolan v. Weil-McLain decision by the Illinois Supreme Court earlier this month.

Brickman is a law professor at the prestigious Benjamin N. Cardozo School of Law inNew York and is widely recognized as the foremostasbestos litigation scholar in the country.

Though the ripples from the splash in the Nolan case will roll across asbestos litigation for years to come, many legal professionals expect it to, at the veryleast, dent the reputation of plaintiff friendly jurisdictions inIllinois, such asMadisonCounty.

Some, likeChicago defense attorney EdwardMcCambridge who was the prime mover on the Nolan case, believe the decision could likely have plaintiffs' lawyers in search ofa other locations.

"It will definitely makeIllinois not as attractive as it once was,"McCambridge said of the Nolan ruling. "There is no questionIllinois loses that stigma. I would suspect people might choose other venues."

Brickman said the full impact remains to be seen, but he suspects the ready-to-travel asbestos plaintiffs' lawyers will not hesitate to move if necessary. Just as tort reform legislation radically slowed many states that were once home to thousands upon thousands of asbestos cases, the latest rulings could again force a shift, he said.

"Having lost the friendly venues inTexas andMississippi, they are already looking for other venues," Brickman said. "They have planted a flag inDelaware, where Vice President Joe Biden's son is involved in attempting to makeDelaware a friendly court for asbestos cases. Another isSouthern California where there is a rise in asbestos cases."

As legal landscape shifts inIllinois,Delaware andCalifornia will continue their recent growth in the number of cases filed. But just as each state has its own unique appeal,Illinois, even in the aftermath of the Nolanruling, is not likely to lose its luster as a preferred venue for asbestos lawsuits.

Go West (or East)

The Nolan case caused a tremor through Illinois asbestos dockets because it in essence reversed the so-calledLipke Rule that prevented defendants in asbestos cases from introducing evidence of the plaintiff's other exposure related to other defendants who previously settled the case.

As David Holmes and Anthony MichaelGoldner, attorneys at theChicago firm of WilsonElser, explained, "Illinois was the only state in the country to have had a rule with a blanket prohibition against all evidence pertaining to the negligence of non-parties."

Defense attorneys likeMcCambridge andGoldner say the ruling will encourage more defendants to avoid settling a case and take their chances in trial.McCambridge said the possibility of a trial alone may be enough to send plaintiffs' attorneys on the move in search of a friendlier venue.

As Brickman mentioned,Delaware has emerged in recent years as a very popular venue, particularly since Democratic Attorney General Beau Biden took office.

A USA Today story in 2008 noted that the younger Biden was a partner in a Delaware law firm "that was filing asbestos lawsuits and seeking to develop a specialty in that area," at the same time his father, then a Delaware senator worked to kill a "bipartisan bill designed to curb asbestos lawsuits," according to the report.

TheBidens' campaign accounts have benefited from large donations by trial lawyers and their related political action committees. According to the Center for Responsive Politics, employees at three law firms that specialize in asbestos litigation were among Beau Biden's top 10 all-time contributors.

In addition toDelaware's loyal Democratic Party voting base and liberal courts, the state is attractive to plaintiffs' attorneys because of attractive corporation laws. Most major companies have an office inDelaware, which makes it almost impossible for defense attorneys to challenge the convenience of the venue.

California has its own unique attractions for plaintiffs, most notably its liberal civil courts that give plaintiffs a generous home-field advantage. Civil Justice Association of California has sponsored legislation in recent years designed to balance the scales for defendants in court. Despite some victories, Executive Director John Sullivan said the courts have made the state one of the least attractive in the country for businesses.

During the state's recent budget woes in which the deficit topped $40 billion and the state controller began issuing IOUs instead of payments, Sullivan urged the governor and the Legislature to adopt tort reform in the hopes of stemming the tide of lawsuit-weary businesses fleeing the state and taking their jobs with them.

"As economic conditions improve, companies will have the opportunity to decide whether to restore jobs here or elsewhere," Sullivan said. "Legislators should stop our litigation climate from blocking the sunshine of jobs and paychecks for thousands of Californians."

In addition to the political environment, recent legal rulings have opened the door to new asbestos lawsuits. In a 2005 case, Kinsman v. Unocal, the California Supreme Court tore down the barrier for independent contractors to sue in premise liability cases. Prior to that decision,California businesses had been able to avoid liability by establishing that they did not retain control over the safety conditions of the work done by independent contractors, according to a report in Los Angeles Lawyer.

"Premise defendants now face an expanded analysis when assessing their potential liability in asbestos actions," the story reported.

The comforts of home

While plaintiffs' lawyers will surely continue to increase the number of cases filed in places like Delaware and California, Illinois still offers certain advantages that could outweigh the defeat of theLipke Rule, specifically in premise liability cases like those now increasing in California.

Brickman called premise liability a "growth area" for plaintiffs' lawyers.

"The premises cases are a growth area -- trying to sue the premises owners for people who worked or used the premises and could attribute their illness to the exposure of the premises. That's an expanding area," he said.

As Chicago Law Professor Richard Epstein pointed out, premise liability cases have greatly widened the pool of defendants by including any building where asbestos exposure might have been possible.

With many of the prominent users of asbestos bankrupt from hundreds of thousands of lawsuits filed in the 1980s and 1990s, Epstein said plaintiff attorneys have widened the circle of those they can sue.

"Background conditions are surely being treated as though they were industrially caused," Epstein said. "Standard workers compensation law holds that occupational diseases have to be distinguished from diseases of life. Everyone has some gunk accumulated from living, and if all this is attributable to the named defendants, everyone is a plaintiff, so that the industrial connection is lost, which means that no one is ever safe."

Premise liability lawsuits that use these "background conditions" for the basis of their case, can benefit fromIllinois joint-and-several liability laws, which in essence make all defendants found to be liable, wholly liable for the settlement. So in cases where several companies settle, those who go to court remain 100 percent liable even if the amount of exposure is minimal compared to others who already settled or are already bankrupt.

"As the circle goes wider, there are more people in each circle so thatjoinder becomes more critical, as does the rule that anyone who is responsible for one iota is responsible for the whole loss if others are insolvent," Epstein said.

Defense attorneys have argued in court that such cases have served to create a situation of "limitless liability" in some states. But thereinlies the rub for scholars like Brickman, who point to the verifiable limited number of people who become ill because ofasbestos exposure.

"You have somewhere around 1,800 to 2,000 people a year who contractmesothelioma," Brickman said. "Medical science indicates that at least 20 percent of themesothelioma cases do not have a record of asbestos exposure."

Despite those limits, asbestos lawsuits show no sign of slowing anytime soon. Lawyers have their cases, and they will travel, if necessary to find a favorable venue for a settlement of a jury award. Just how much they have to travel will likely be determined in the future, according toMcCambridge.

"The key to this whole thing is it changes the nature of asbestos trials,"McCambridge said of the Nolan ruling. "It seems really kind of basic, but it does change the nature of the way a case is tried inIllinois. It will take a while to sort out how judges will deal with this, because they aren't used to dealing with it. But I think it will have a real impact on how cases proceed from now on."

 

http://www.madisonrecord.com/news/218752-delaware-california-new-prime-targets-for-asbestos-plaintiffs

 
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Mississippi – Asbestos Trades – Asbestos Mesothelioma Lawsuit

16 asbestos claims filed April 6-10 inMadisonCounty
4/29/2009 7:00 AM By Kelly Holleran 

A total of 16 new asbestos suits were filed in Madison County Circuit Court during the week of April 6 through April 10.

The following claims were filed:

--Anthony and Carol Aemmer ofIndiana claim Anthony Aemmer developedmesothelioma after his work as a laborer, firefighter and oiler from 1964 until 2002. The Aemmers are represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates inAlton. Madison County Circuit Court case number: 09-L-361.

--Suzanne Allen ofGeorgia claims mesothelioma on behalf of her recently deceased husband, Gareth Allen, who worked from 1968 until 2009 as a carpenter, machinist mate, mechanic, pipefitter and plumber at various locations throughoutIllinois,Georgia,Alaska,California andColorado. Allen is represented by Randy S. Cohn of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-358.

--William Allen Sr. ofIllinois, a brick mason, paint coordinator, mechanic and general laborer at various locations throughoutIllinois from 1950 until 1998, claims mesothelioma. Allen is represented by Myles L. Epperson of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-347.

--Marcel Bernier ofFlorida, a pipefitter and sheet metal worker at various locations from 1949 until 1993, claims lung cancer. Bernier is represented by Robert Phillips and Perry J. Browder of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-352.

--Betty Christian ofMichigan claims her recently deceasedhusband, Ronald Christian developed mesothelioma after his work as a mechanic, stock man and laborer at various locations. Betty Christian is represented by Shane F. Hampton and Paul M. Dix of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-346.

--Jayme Chu ofUtah claims mesothelioma on behalf of recently deceased James S. Holloway, who was in the Navy and Air Force and who worked for the Salt Lake Sewer District, Hercules Incorporated and Sinclair Oil Corporation.Chu is represented by Michael R. Bilbrey and Timothy P. Hulla of the Law Offices of Michael R. Bilbrey in Edwardsville. Madison County Circuit Court case number: 09-L-371.

--Rodney D. Halterman and Lynn Cummings claim Rodney Halterman developed mesothelioma after his work from 1971 until 2008 for Toledo Plastics, Cleveland Cliffs, Kelsey Hayes and The Oglebay Norton Company. Halterman is represented by Richard L. Saville Jr. and Ethan A. Flint of Saville andFlint inAlton. Madison County Circuit Court case number: 09-L-368.

--Charles Handy ofAlaska, an assistant machinist and a laborer at various locations inAlabama,Texas,Washington,Georgia,Mississippi,Louisiana andAlaska from 1940 until 1991,claims mesothelioma. Handy is represented by G. Michael Stewart and Jill Price of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-355.

--Pamela J. and Robert Lambert Sr. ofMaryland claim Pamela J. Lambert developed lung cancer after her exposure to asbestos fibers through her husband's work as a laborer at Armco Steel from 1965 until 1993. The Lamberts are represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates inAlton. Madison County Circuit Court case number: 09-L-357.

--Glen and Lois Lewis ofIllinois claim Glen Lewis developed lung cancer after his work for the U.S. Army, NORGE, Ray Summer Appliance, Valley Steel, Lewis Plumbing and Electric, T.T. Top Drilling Co., Fedders andNorthClaySchool from 1951 until 1993. They are represented by Richard L. Saville Jr., Ethan A. Flint and David J. Page of Saville andFlint inAlton. Madison County Circuit Court case number: 09-L-350.

--Elizabeth Randolph ofMissouri claims lung cancer on behalf of her recently deceased husband, Samuel Lee Randolph, who worked from 1960 until 2006 as a laborer at Ford Motor Company.Randolph is represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates inAlton. Madison County Circuit Court case number: 09-L-370.

--Jack Romaker ofArizona, a laborer, mechanic, truck driver and inspector from 1943 until 1988, claims mesothelioma. Romaker is represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates inAlton. Madison County Circuit Court case number: 09-L-362.

--Donald Schaff ofWisconsin, a ratchet man, truck driver, section crew member and member of the Teamsters Local 200 from 1944 until 1989, claims mesothelioma. Schaff is represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates inAlton. Madison County Circuit Court case number: 09-L-363.

--Charles Telle ofMissouri, a laborer, mechanic, meat cutter, owner and operator of a mowing operation and auto salvage yard and brush cutter at various locations throughoutIllinois andMissouri from 1960 until 1996, claims mesothelioma. Telle is represented by G. Michael Stewart and Jill Price of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-367.

--Audrey and Louise Wagner ofIllinois claim Audrey Wagner developed mesothelioma after his work as a teacher and as a laborer from 1957 until 1977. The Wagners are represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates inAlton. Madison County Circuit Court case number: 09-L-356.

--Dorothy Zych of Indiana, a cashier, sales clerk, manager and receptionist from 1951 until 2009, claims mesothelioma. Zych says she was also exposed to asbestos fibers through her ex-husband who worked from 1952 until 1956 as an airplane mechanic and from 1956 until 1975 as a truck driver, according to the complaint. Her father also brought asbestos fibers home from his work at U.S. Steel in the 1940s, the suit states. Zych is represented by G. Michael Stewart and Jill Price of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-366.

http://www.madisonrecord.com/news/218712-16-asbestos-claims-filed-april-6-10-in-madison-county

 
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Mississippi – Asbestos Trades –Mesothelioma Lawsuit

13 new asbestos claims filed inMadisonCountyMarch 23-27
4/1/2009 1:34 PM By Kelly Holleran 

A total of 13 newasbestos suits were filed in Madison County Circuit Court during the week of March 23 through March 27.

The following claims were filed:

--Richard L. and Loretta Bell of Texas claim Richard L. Bell contracted Non-Hodgkin's Lymphoma after his work as a laborer in the U.S. Navy from 1943 until 1945, as a loader at Shell Oil Co. from 1947 until 1952, as a district manager at Stahly Cartage Company from 1955 until 1973 and as president at Kaney Transportation from 1973 until 1994. The Bells are represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates inAlton. Madison County Circuit Court case number: 09-L-307.

--Valdis D. Bross of Indiana, a chemical engineer from 1963 until 1968, a maintenance engineer from 1968 until 1969, a maintenance worker from 1969 until 1971, a maintenance and technical service engineer from 1971 until 1975, a pump and compressor salesperson from 1975 until 1982 and a maintenance and repair engineer from 1982 until 2008, claims mesothelioma. Bross is represented by Elizabeth V. Heller and Robert Rowland of Goldenberg, Heller, Antognoli and Rowland in Edwardsville. Madison County Circuit Court case number: 09-L-302.

--Ladd and Joan Butler ofArizona claim Ladd Butler developed mesothelioma after his work as a meat cutter from 1938 until 1942, from 1946 until 1951 and from 1951 until 1956, as a cook from 1943 until 1946, as a general contractor from 1947 until 1983 and as a home remodeler from 1955 until 1957. TheButlers are represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates inAlton. W. Mark Lanier, Patrick N. Haines, R. Craig Bullock and J. Kyle Beane of The Lanier Law Firm inHouston will serve of counsel. Madison County Circuit Court case number: 09-L-293.

--George and Melody Crossland of Tennessee claim George Crossland developed mesothelioma after his work as a laborer, self-employed contract carpet installer and self-employed contracted commercial building cleaner from 1958 until 2009. The Crosslands are represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates inAlton. Madison County Circuit Court case number: 09-L-316.

--William Fredrick and Jean Dolle ofIllinois claim William Fredrick Dolle developed mesothelioma after his work as a laborer, bricklayer, drywaller, roofer and floortiler from 1947 until 1994. Dolle is represented by John A. Barnerd of SimmonsCooper inEast Alton. Aaron J. Deluca and Erik P. Karst of Deluca and Nemeroff of Spring,Texas, will serve of counsel. Madison County Circuit Court case number: 09-L-299.

--Harry J. Ferdinand ofLouisiana, a laborer and member of the United Steel Workers Local Union from 1966 until 2006, claims mesothelioma. Ferdinand is represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates inAlton. Madison County Circuit Court case number: 09-L-317.

--Thomas Fite ofMissouri claims pleural plaque on behalf of his recently deceased father, Wesley Fite, who worked as a laborer, fireman and miner from 1946 until 1977. Thomas Fite is represented by Robert Phillips and Perry J. Browder of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-292.

--William and Glynda Gibbs ofMississippi claim William Gibbsdeveloped mesothelioma after his work from 1955 until 2009 as a mechanic, farmer and truck driver. The Gibbsare represented by Shane F. Hampton, Paul M. Dix and Courtney Gregory of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-315.

--Jeff Hanson ofIllinois claims mesothelioma on behalf of his recently deceased father, Harry Hanson, who worked as a laborer from 1943 until 1987. Jeff Hanson is represented by John A. Barnerd and W. Brent Copple of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-298.

--Kat Kreag ofIndiana claims mesothelioma on behalf of her recently deceased mother, Margaret L. McCarthy, who worked as a switchboard operator at Indiana Bell Telephone. McCarthy was also exposed to asbestos through her father's and husband's work for Indiana Harbor Belt Rail Raod from 1965 until 1977, according to the complaint. Her father also brought asbestos fibers home on his clothes after his work for Carson Prarie Scott, the suit states. Kreag is represented by Elizabeth V. Heller and Robert Rowland of Goldenberg, Heller, Antognoli and Rowland in Edwardsville. Madison County Circuit Court case number: 09-L-301.

--Elizabeth Manach of Massachusetts claims mesothelioma on behalf of her recently deceased husband, Gregory A. Manach, who served in the U.S. Army from 1967 until 1973, a carpenter from 1970 until 1975 and from 1977 until 1978, a butcher from 1975 until 2007 and an electricians assistant from 1993 until 1994. Elizabeth Manach is represented by Elizabeth V. Heller and Robert Rowland of Goldenberg, Heller, Antognoli and Rowland in Edwardsville. Madison County Circuit Court case number: 09-L-291.

--Charles Lee and Peggy Sue Riden claim Charles Lee Riden developed mesothelioma after his work as a brake mechanic and mechanic at Riden's Garage from 1934 until 1952, as a shadetree mechanic from the 1950s until the 1970s and as an engineman and fireman in the U.S. Navy from 1952 until 1974. The Ridens are represented by Randy L. Gori of Gori, Julian and Associates inAlton. W. Mark Lanier, Angela B. Greenberg, Sam T. Richard, Bridget Baragona and Lauren H. Ware of The Lanier Law Firm inHouston will serve of counsel. Madison County Circuit Court case number: 09-L-314.

--Deanne Ritch of Georgia, a laborer, cord board operator, clerk and manager from the 1960s until 1995, claims mesothelioma. She was also exposed to asbestos fibers through her husband's work from 1964 until 1983 as an engineer at Western Electric Company, according to the complaint. She is represented by Nicholas J. Angelides of SimmonsCoooper inEast Alton. Madison County Circuit Court case number: 09-L-312.

http://www.madisonrecord.com/news/218232-13-new-asbestos-claims-filed-in-madison-county-march-23-27

 
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Mississippi – Navy Submarine Veteran –Mesothelioma Death

Kalamazoo County commissioner GradyBiby, 69, dies from cancer

By Kathy Jessup |Kalamazoo Gazette

February 04, 2010, 11:34PM

Grady Biby

 

GradyBiby

 

KALAMAZOO— GradyBiby stunned his fellowKalamazooCounty commissioners in late July when he announced he would be absent for two months as he battled cancer.

The Texas Township Republican was never able to return to the board.

The 69-year-old, four-term county commissioner on Wednesday lost his battle withmesothelioma, a cancer that he attributed to his years aboardNavy submarines that were likely riddled with asbestos.

Biby’s widow, Linda Kerr, was the first to seek elected office after the couple moved toTexasTownship in the 1990s and she ran for township clerk. Later, her husband joined the township’s Zoning Board of Appeals before being elected to the Kalamazoo County Board of Commissioners in 2002.

“Grady was not given to making speeches, but he would always be prepared and look at what was good for the people of the county,” PeterBattani,KalamazooCounty administrator, said Thursday. “He was a good man and a thoroughly good commissioner.”

DebBuchholtz, county board vice chairman, saidBiby’s cancer announcement in July was met with “shock and grief.”

“It was clear it was a serious diagnosis,”Buchholtz said. “He had hoped there would be some new, experimental treatments that could help him.”

Kerr said doctors at an internationally knownmesothelioma treatment center inBoston found too much cancer attached to the lining of her husband’s chest cavity for surgery to be effective.  So he returned toMichigan for chemotherapy.

“This wasn’t the outcome we prayed for,” she said. “But you die how you live and Grady hung on to the bitter end.”

County board Chairman DavidBuskirk saidBiby gave fellow commissioners copies of the book “Same Kind of Different As Me” a year ago.

“I’m not a great reader, so I was struggling with it. But it’s about two people who are opposites who came together and learned that life was about a lot more than just themselves,”Buskirk said. “That’s how he dealt with people.

TexasTownship will never know how great a representative they had.”

Born inOklahoma,Biby spent 20 years in the U.S. Navy, retiring in 1979.  After his discharge, he went to work for Consumers Energy at the Palisades Nuclear Power Plant near South Haven until his retirement in 1995. Later, he formed his own company with the help of a relative and also worked for a local construction company and the U.S. Census Bureau.

In addition to his wife, he is survived by four children and 10 grandchildren. He was preceded in death by a son.

A memorial service is set for 2 p.m. Saturday at Calvary Reformed Church,7829 S. Fifth St., with Pastor Greg VanHeukelom officiating.

 

http://www.mlive.com/news/kalamazoo/index.ssf/2010/02/kalamazoo_county_commissioner_4.html

 
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Mississippi -Asbestos Jury Award – $15 Million Asbestosis Verdict

Mississippi jury awards money for 'every breath' in $15M asbestos verdict

By Sylvia Hsieh
Publication: Lawyers WeeklyUSA
Date: Tuesday, April 20 2010

AMississippi jury hasawarded $15 million to a 71 year-oldoil industry worker who developedasbestosis after years of handling bags of product containing 99 percent asbestos.

In opening statements, lead plaintiff's attorney Greg Jones ofFranklin, Cardwell & Jones inHouston asked the jury,

"What is the value of a breath?"

Plaintiff Troy Lofton, who testified at trial with tubes in his nose and ears and holding an oxygen bottle that assists his breathing 24 hours a day, alleged that ConocoPhillips manufactured a dangerous product while knowing of its dangers.

The case is only the third to go to trial of over 700 pending cases involving oilfield workers who developed lung cancer, asbestosis or mesothelioma after handling products made by ConocoPhillips or its subsidiaries.

Among the evidence at trial was a handwritten document indicating that the company had weighed the cost of personal injury lawsuits against the profits of continuing to sell asbestos.

Jones requested punitive damages, but the jury declined to award them.

Alex Cosculluela, lead defense counsel for ConocoPhillips, declined to comment.

Brian Cain, a spokesperson for the defendant, said that the company is "disappointed with the verdict and plans to appeal any resulting judgment. "

Mud additive

The plaintiff, whose parents were sharecroppers, began his lifelong work in the oil and gas industry at age 25 in 1964, around the same time a subsidiary of Phillips 66 (which later merged into ConocoPhillips ) began selling Flosal, a mud additive that assisted in oil and gas drilling.

During the twenty years the product was on the market, the plaintiff was responsible for ripping open 50-pound bags and pouring the contents by hand into mud hoppers, thereby inhaling the dust.

At trial, Jones emphasized that the company continued to sell and market the product to customers without warning them of dangers it knew about.

http://www.allbusiness.com/legal/torts-damages/14345130-1.html
 
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