Archive for June, 2009
Under Cross Examination, Chevron Admits of the Dangers of Asbestos
Posted by Chris in Mesothelioma on June 28, 2009
We represent the family of Francine Horvath who died as a result of washing the asbestos laden clothing brought home on her husband’s clothing. Francine Horvath’s husband , Earnest, worked at the Chevron refinery in Perth Amboy New Jersey. We recently took the deposition of Chevron industrial hygienist ,Stanley Dryden, and uncovered some startling facts. We learned that Chevron was aware of the dangers of asbestos going back to at least the 1940s. It turns out that Chevron was taking steps to protect workers and their families in refineries in Texas and California but not in Perth Amboy, New Jersey. You can read the actual testimony at http://www.mesotheliomalegalblog.com/mesothelioma-litigation/Chevron-and-Asbestos—1-31116.html
Next we took the deposition of Chevron engineer , John Wirkowski. Wirkowski worked as one of the head engineers at the Perth Amboy refinery. Wirkowski admitted that he was never told by corporate higher ups that they were aware of the dangers of asbestos. According to Wirkowski, the Chevron Perth Amboy, refinery was loaded with asbestos. The asbestos on the piping alone stretched for up to 12 miles inside the refinery. Wirkowski admitted under oath that nothing was done to stop the use of asbestos in Perth Amboy until the 1970′s. You can read the Wirkowski testimony at http://www.mesotheliomalegalblog.com/mesothelioma-litigation/Despite-Knowledge-Chevron-Uses-Asbestos-Causing-Massive-Exposure–1-32495.html. Unfortunately, that was way too late for the Horvath family. At least now the Horvath’s and everyone else knows the truth. Trial is set for September 2009.
Mesothelioma Rates Still on the Rise
Posted by Chris in Mesothelioma on June 27, 2009
For the past 25 plus years I have represented people diagnosed with mesothelioma. Many clients have become my friends and it is devastating to see this horrible disease ravage them and hurt their families. It is upsetting to know that this disease will be with us for many years. This predicament is the product of many years of callous conduct by industries that put profit before people. For an update on the most recent study see http://www.mesotheliomalegalblog.com/
Minnesota Appeals Court Upholds 4.6 Million Dollar Asbestos Verdict
Posted by Chris in Important Cases, Mesothelioma on June 23, 2009
To read an analysis of this holding in this mesothelioma case please see:
http://www.mesotheliomalegalblog.com/2009/06/minnesota-apellate-court-upholds-4-6-million-dollar-verdict/
GM- Chrysler Bailout Will Bankrupt Thousands of Victims
Posted by Chris in Automotive Manufacturers Liability Lawsuits, Defective Products on June 23, 2009
According to a new study the GM-Chrysler bankruptcy will deprive thousands of wrongfully injured people of just compensation and their day in court.According to the Safety Research & Strategies report, “Public Safety at Risk: Bankruptcies Leave Legacy of Defects, Injuries and Deaths,”More than 3,400 U.S. citizens could be killed or injured in the next 12 months by defective cars that are immune from lawsuits.”
Where is the justice when the executives continue to get paid and the victims are robbed of their day in court and right to just compensation?
Supreme Court Justice Albin Approved by Judiciary Committee
Posted by Chris in Community, On My Mind on June 23, 2009
Yesterday ,the NJ Senate Judiciary Committee approved the reappointment of NJ Supreme Court , Justice Barry Albin. The vote of 9-4 was along party lines as expected. Justice Albin handled all questions during the hearing with candor, dignity and respect.
During the hearing Justice Albin refused to comment on any case that might bear on future cases coming before him. He was on target in that judgement. Since his appointment to the Supreme Court more than 7 years ago Justice Albin has been one of the most active and dedicated members of the Court. In the last seven years, he has written almost 150 opinions, 89 of them representing the court’s majority decision.
I cant let the moment in history pass without paying tribute to Barry. I am clearly biased as Barry is my former law partner. Justice Albin is one of the most decent human beings I have ever known. He is a principled jurist and human being. Barry is a wonderful father, husband and friend.
Last year, Justice Albin took time out from his busy schedule to address the students at the Colts Neck High School where I am a school board member. His address was inspiring and clearly the product of hours of preparation. I was awe struck to understand that having reached the pinnacle of his career, Justin Albin put this kind of time in to speak with students. He clearly could have winged it and carried the day with his stature, wit and intelligence. Instead he delivered a message that if taken down word for word could have been transcribed and published in a law review. That is who Barry Albin is. A real human being who treats everyone with respect regardless of religion, creed or point of view.
New Jersey is very fortunate to have Justice Albin on our Supreme Court and I am very fortunate to call Barry Albin my friend.
Some cookies may literally kill you
Posted by Chris in Defective Products, Important Cases on June 21, 2009
The FDA, CDC and Nestle USA Baking Division is warning consumers to immediately stop consuming Nestlé® TOLL HOUSE® refrigerated cookie dough products due to possible contamination with E. coli bacteria. Since March 2009 CDC and health officials have been investigating a E Coli outbreak occurring over 28 states, with 25 hospitalizations so far.
Injuries to be on the lookout for are the kidney failure (HUS) post confirmed E. coli infection.
Supreme Court Clears the Way for $500 Million Dollar Asbestos Settlement
Posted by Chris in Important Cases, Mesothelioma on June 18, 2009
In 1982 when Johns Manville declared bankruptcy, a significant percentage of the money used to fund the asbestos bankruptcy trust came from the Travelers Insurance Company. After that time, a number of plaintiffs began to sue Travelers directly alleging Travelers had acted wrongly in its own right by suppressing information concerning the dangers of asbestos and supporting its other insured’s efforts to assert improper and factually incorrect defenses. Thereafter Travelers sought protection from the bankruptcy court arguing that the plaintiffs direct claims against the giant insurance carrier should be enjoined because the Manville bankruptcy plan precluded such claims.
While in the bankruptcy court, the asbestos plaintiffs and Travelers settled their claims for $400,000,000. Other parties challenged the ability of the bankruptcy court to approve and enforce the settlement which also would not allow any more direct action cases against Travelers.
In a relatively narrow opinion, Justice Souter ruled that the basis for challenges against the bankruptcy court’s jurisdiction should have been made long ago. According to the Court “Almost a quarter-century after the 1986 Orders were entered, the time to prune them is over.” The opinion is filled with extensive language concerning laws governing bankruptcy proceedings. This language may be important for companies and insurance carriers involved in bankruptcies resulting from the current economic crisis and will no doubt be carefully studied by the attorneys. The practical effect of the decision is that it will make it far more likely that the asbestos victims will get paid and hopefully in the not too distant future.
You can read the full opinion at http://www.supremecourtus.gov/opinions/08pdf/08-295.pdf
See also for a video explaining some of the the information exchanged between Travelers and Manville as well as for other information known to the asbestos industry http://www.mesotheliomalegalblog.com/
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