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mardi 4 octobre 2011

TOP 10 ASBESTOS MYTHS


TOP 10 ASBESTOS MYTHS

10. The EPA banned asbestos.
FALSE. The EPA tried, but the 5th Circ. disagreed, and the first Bush administration did not appeal the case to the U.S. Supreme Court.
9. If workers would have worn masks, they would have been protected.
FALSE. At best, masks were faulty and ineffective.
8. Asbestos is still in use today.
TRUE. See #10 above.
7. Mesothelioma, a rare form of cancer caused by asbestos exposure, is NOW tracked as a cause of death by the federal government.
TRUE.In 1999, the federal government began tracking Mesothelioma as a cause of death.
6. The asbestos industry and lobbyists have aggressively sought to characterize the asbestos issue in America as a “litigation crisis.”
TRUE. This effective campaign deflects the publics’ attention away from the culpable companies responsible for those injured or killed by asbestos.
5. Big business selling, marketing, manufacturing, or otherwise distributing asbestos did not know that asbestos was harmful.
FALSE.They did know. In most cases, there are internal company memos evidencing such knowledge, however, the bottom-line, profits outweighed human life.
4. Tort Reform makes your insurance premiums decrease.
FALSE.Many advocates of tort reform promised this, but to date, have not delivered. Where is the proof?
3. Litigation is out-of-control due to greedy trial lawyers.
FALSE. The asbestos industry and lobbyists have spread this idea in an effective effort to persuade Congress to pass legislation that will shield them from taking meaningful responsibility for their actions. Related to this goal, the asbestos industry links the ailing U.S. economy to the many asbestos-related bankruptcies. Many companies in the asbestos industry in the midst of a Chapter 11 bankruptcy, which is a reorganization of their debts, have two faces. A face they put on for Congress when whinnying about asbestos litigation and a totally different face they put on during shareholder meetings when they indicate it is business as usual; that the asbestos-related bankruptcies do not affect profits.
2. Presently, to file an asbestos-related lawsuit in Texas, you must have an asbestos-related cancer, mesothelioma, asbestosis so severe that it qualifies under TCPRC (Texas Civil Practice & Remedies Code) Chapter 90 various sections, or be dead due to asbestos.
TRUE. Thanks to HB4 – Texas’ Tort Reform passed September 1, 2005.
1. Asbestos-related bankruptcies kill business and jobs.
FALSE. The asbestos industry and lobbyists have spread this idea in an effective effort to persuade Congress to pass legislation that will shield them from taking meaningful responsibility for their actions. Related to this goal, the asbestos industry links the ailing U.S. economy to the many asbestos-related bankruptcies. Many companies in the asbestos industry in the midst of a Chapter 11 bankruptcy, which is a reorganization of their debts, have two faces. A face they put on for Congress when whinnying about asbestos litigation and a totally different face they put on during shareholder meetings when they indicate it is business as usual; that the asbestos-related bankruptcies do not affect profits. A personal injury lawyer can help you get more information on the subject.

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lundi 3 octobre 2011

ASBESTOS LAWSUITS IN NEW JERSEY AND MADISON COUNTY


ASBESTOS LAWSUITS IN NEW JERSEY AND MADISON COUNTY

On May 27, 2008, a state appeals court ruled that 15 Spanish citizens had a legitimate case to bring against a Delaware based corporation for health issues they suffered due to asbestos exposure. The tradesman all worked aboard Navy and Coast Guard ships in Spain between 1950 and 1998. They claim that they came into contact with asbestos dust and fibers through the high-temperature piping insulation that the large corporation produced.
The 14 tradesman and one survivor of a worker have been affected by asbestos-related diseases, such as mesothelioma and asbestosis, both conditions harshly affecting the lungs.
An earlier decision in favor of the corporation was overturned by a three-judge panel despite the arguments made by the counsel for the corporations that the case should be heard in Spanish courts. It ruled that since U.S. warships are considered U.S. territory wherever they are located, no problems had been inflicted on Spanish soil.
On May 28, 2008, a Washington man has also filed a court case in Madison County after he too was diagnosed with the asbestos related cancer, mesothelioma. The man had also previously worked in the U.S. Army between 1962 and 2003 as a machinist and maintenance operative. He claims that the deadly cancer was wrongfully caused as his exposure to the deadly asbestos fibers could have been anticipated and avoided. He has named up to sixty eight defendants in his lawsuit.
Asbestos is a mineral fiber that has been used for heat and fire retardant properties. It is commonly used in the insulation, pipes and paint of older homes and buildings. Although it is known to cause cancer, it is still legal to use in the United States, meanwhile, many other countries have outlawed the use of such a harmful substance.
It is estimated that up to 10,000 people a year die from asbestos related diseases.
Mesothelioma attorneys are working to help those battling the effects of asbestos due to the negligence of corporations.

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