/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/100108.mbx C L A S S A C T I O N R E P O R T E R Friday, January 8, 2010, Vol. 12, No. 5 Headlines ALLIED WASTE: Smelly Landfill Leads to Ill. Class Action Lawsuit APPLE INC: 9th Cir. Dismisses iPod Hearing Loss Lawsuit CARFAX INC: Ohio Court Says E-Mailed Settlement Notice Inadequate LEUCADIA NATIONAL: "Sewer Service" Collection Subsidiaries Sued OSCEOLA FOODS: Overtime Class Action Suit Filed in Iowa ROCKYOU INC: N.D. Calif. Class Action Lawsuit Alleges Data Breach Asbestos Litigation ASBESTOS UPDATE: Deere Still Subject to Product Liability Claims ASBESTOS UPDATE: La Grande Man Fined $1,600 for Abatement Breach ASBESTOS UPDATE: Hazards Removed from Superfund Site in Walpole ASBESTOS UPDATE: 13 Cases Filed in Ill. During Nov. 30 to Dec. 4 ASBESTOS UPDATE: Avram Receives $540T Payout From McMaster-Carr ASBESTOS UPDATE: Franklin Action Filed v. 21 Firms in Orange Co. ASBESTOS UPDATE: Granger Suit Filed v. 30 Firms in Jefferson Co. ASBESTOS UPDATE: Pa. Lawsuit v. Crane, Garlock Settled for $17MM ASBESTOS UPDATE: Renovation, Abatement at Kingston to Cost $273T ASBESTOS UPDATE: Lewis' Widow Awarded GBP170,000 in Compensation ASBESTOS UPDATE: Scarborough Worker's Death Related to Exposure ASBESTOS UPDATE: Cleanup at County Louth Site to Cost EUR20,000 ASBESTOS UPDATE: N.Y. Atty. Sees Mesothelioma Cases Rise in 2010 ASBESTOS UPDATE: District Court Denies Motions in Riego Lawsuit ASBESTOS UPDATE: Appeal Court OKs Board Ruling in Simmons Action ASBESTOS UPDATE: Navistar International Subject to Injury Claims ASBESTOS UPDATE: Esterline Still Subject to Potential Liability ASBESTOS UPDATE: Joy Global, Units Subject to Exposure Lawsuits ASBESTOS UPDATE: Brewer, LaRosa Cases v. 133 Firms Filed Dec. 8 ASBESTOS UPDATE: 23 Actions Filed in Madison During Dec. 7 to 11 ASBESTOS UPDATE: Judge Approves Tronox Reorganization on Dec. 22 ASBESTOS UPDATE: Calif. Local Indicted for Fraudulent Documents ASBESTOS UPDATE: Abatement at Sargeant Street Mill Site Ongoing ASBESTOS UPDATE: Knowsley Council Appeals Willmore Case Verdict ASBESTOS UPDATE: N.J. Judge Backs Hercules Chem. Reorganization ASBESTOS UPDATE: Grand Prairie Police Station Set for Demolition ASBESTOS UPDATE: Hazard Released at Aberavon Site Following Fire ASBESTOS UPDATE: 50,000 Tons of Waste Uncovered in Italian Site ASBESTOS UPDATE: Appeal Court Affirms Board Ruling in Mills Case ASBESTOS UPDATE: Lent Remand Bid Granted in General Motors Case ASBESTOS UPDATE: PDG Records $5Mil Revenue Reduction at Oct. 31 ASBESTOS UPDATE: "Hidden Killer" Campaign Receives Int'l. Award ASBESTOS UPDATE: Abatement at Ogdensburg Museum to Cost $60,000 ASBESTOS UPDATE: Cleanup at Stoneville Gymnasium to Cost $29,000 ASBESTOS UPDATE: Japan Man's Kin Seeks JPY60M in Case v. Kansai ASBESTOS UPDATE: Cleanup at 7 Guam Schools to Cost $1.5M to $2M ASBESTOS UPDATE: Warrington Pensioner's Death Linked to Exposure ASBESTOS UPDATE: DEP's Inquiry on Summerlin's Contractor Ongoing ASBESTOS UPDATE: Cumbria Homeowners At Risk of Asbestos Exposure ASBESTOS UPDATE: Inquest Rules on Gloucestershire Worker's Death ASBESTOS UPDATE: Second-Hand Exposure Linked to Barclay's Death ASBESTOS UPDATE: Hazard Uncovered at Shangri-La Lodge in Alberta ASBESTOS UPDATE: Court Denies Flintkote's Summary Judgment Move ASBESTOS UPDATE: District Court Grants Stephens' Move to Remand ASBESTOS UPDATE: Appeal Court Affirms Dismissal of Lee's Lawsuit ASBESTOS UPDATE: Hino Motors Ltd. to Recall Tainted Auto Parts ASBESTOS UPDATE: Asbestos Found in Vinyl Tiles of Totnes Library ASBESTOS UPDATE: Israel Gov't. Orders Abatement at Ketziyot Base ASBESTOS UPDATE: Hamp's Firms Fined $40,000 for Cleanup Breaches ASBESTOS UPDATE: Midland Hotel Fined $33T for Cleanup Violations ASBESTOS UPDATE: Bestoff Services Banned from Asbestos Work ASBESTOS UPDATE: Olsen Suit v. NBC Studios, Others Filed Dec. 31 ASBESTOS UPDATE: BoRit Superfund Site Remediation Ongoing in Pa. ASBESTOS UPDATE: Pullen Suit v. 66 Firms Filed in Kanawha County ASBESTOS UPDATE: Desler Asbestos Trial to Resume Jan. 11 in Ore. ASBESTOS UPDATE: South Berwick to Get $200T Grant for Abatement ASBESTOS UPDATE: Century Bid for Discovery OK'd in Allstate Case ASBESTOS UPDATE: Supreme Court Affirms Dismissal of Foley Action ASBESTOS UPDATE: District Court Junks Remand Bid in Gilbert Case ASBESTOS UPDATE: La. Appeal Court Affirms Writ in Henry Lawsuit ASBESTOS UPDATE: Consolidated Action v. Viasystems Filed Dec. 2 ASBESTOS UPDATE: Alvaston Joiner Death Linked to Hazard Exposure ASBESTOS UPDATE: Fostoria Property in W.Va. Slated for Abatement ASBESTOS UPDATE: Middletown to Receive $1.6Mil Brownfield Grant ASBESTOS UPDATE: Youngstown's School Board Seeking Cleanup Bids ASBESTOS UPDATE: Riverfront State Prison to Undergo Remediation ASBESTOS UPDATE: Hazard Illegally Dumped in Sutton on Dec. 2009 ASBESTOS UPDATE: Garner Apartments in Tex. Slated for Demolition ASBESTOS UPDATE: Fort Collins Blaze Sparks Concerns on Exposure ASBESTOS UPDATE: Statler Hilton Hotel in Dallas Contains Hazard ASBESTOS UPDATE: River Bend Board Braces for Asbestos Penalties ASBESTOS UPDATE: Hazard Raises Concerns at New Forest Sport Club ASBESTOS UPDATE: Appeals Court Issues Split Decision in Merrill ASBESTOS UPDATE: Supreme Court OKs Board Ruling in Chiesa Action ASBESTOS UPDATE: Md. Appeals Court Issues Ruling in Taylor Claim ASBESTOS UPDATE: Appeals Court Upholds Dismissal of Bobo Action ASBESTOS UPDATE: La. Court Denies Pharmacia Bid in Catania Case ASBESTOS UPDATE: Superior Court Upholds Ruling in Hicks' Lawsuit ASBESTOS UPDATE: RPM Has $377.85M Long-Term Liability at Nov. 30 ASBESTOS UPDATE: RPM Int'l. Units Facing 10,531 Cases at Nov. 30 ASBESTOS UPDATE: Brief in RPM Int'l. Case to be Filed by Jan. 26 ASBESTOS UPDATE: RPM Int'l. Cites $452M Nov. 30 Reserve Balance ASBESTOS UPDATE: Belluck Calls for Reduced Risk in New York City ASBESTOS UPDATE: Blacon Plasterer Gets GBP45,000 in Compensation ASBESTOS UPDATE: U.K. Queen's Doctor's Death Linked to Exposure ASBESTOS UPDATE: Three Firms Chosen to Clean Up Maryland Schools ASBESTOS UPDATE: Cleanup at Richland Site to Cost $200T to $250T ASBESTOS UPDATE: Basildon Locals Decry Waste Storage Center Plan ASBESTOS UPDATE: Most Japanese Units Don't Have Protective Masks ASBESTOS UPDATE: Staff Union Complains of Cleanup at UN Building ********* ALLIED WASTE: Smelly Landfill Leads to Ill. Class Action Lawsuit ---------------------------------------------------------------- David Pollard, writing for Sun-Times Media's Proviso Herald, reports that neighbors of the closed landfill in Hillside, Ill., filed a class-action lawsuit on Dec. 24, claiming the landfills owners' negligence has caused health and economic problems in the area. Nearby residents and motorists have long complained about odors emanating from the landfill at Interstate 290 and Mannheim Road. They have banded together in the lawsuit against Allied Waste Transportation Inc., Allied Waste Industries, Congress Development Company and John Sexton Sand and Gravel Corp. The plaintiffs are suing for negligence, trespass, nuisance, and willful and wanton misconduct. They are seeking $50 million in damages in Cook County Civil Court. When it first opened in the early 1980s, the Hillside landfill burned off its noxious gases, but that process was replaced in the mid-90s with technology that captured the gases and converted them into energy, according to the lawsuit. However, some claim the system never worked properly, and when the contractor filed bankruptcy, the system deteriorated, according to the lawsuit. "Underground fires started in the landfill as gas accumulated and temperatures rose. Allegedly, the burning gases plus the leached water caused a geyser-like effect on several occasions, as steam vented to the surface. The fires are allegedly still burning," the lawsuit states. "Allegedly, the stench was unbearable, and caused headaches, dizziness, and nausea. In addition, many components of the gases were allegedly carcinogenic," the lawsuit states. The landfill was closed and capped in 2008. The containment system was repaired after the Illinois Environmental Protection Agency forced the landfill's owners to take action. But the odors continue to plague the area, residents say. Attorney Glen J. Dunn, of Glen J. Dunn and Associates of Chicago, who is one of the attorneys handling the case on behalf of 150 plaintiffs, will hold a meeting with resident at 7 p.m. Jan. 14 at the Best Western Hotel, 4400 Frontage Road in Hillside. "We want to talk to the community about what we've done and you can't file claims forever," he said referring to the statute of limitation on lawsuits. He also plans to use the meeting to find more potential plaintiffs to become part of the civil suit. Prior to filing the lawsuit his office mailed out information to residents in Proviso Township looking for potential plaintiffs. They held meetings for residents to share their experiences living around the landfill and if it had adversely affected them. He said he has another 300 people ready to become part of the lawsuit already. Dunn alleges in the suit that prior to the closing of the landfill and even now gases and liquid from the landfill have had a negative impact on his clients. "The dump did some very bad things," he said. "The company profited to the detriment of the community." "People got sick," he said. "People couldn't go outside (because of the odor) and silently suffered." In December 2008 the landfill was purchased by Republic Services Inc., a waste management, recycling and garbage collection company headquartered in Phoenix, Ariz. Will Flower, spokesman for the company, said they are aware of the suit being filed and say everything that needed to be done at the landfill has been done. "We have corrected all of the issues at the landfill and feel that it's unfortunate a group of citizens decided to file suit," he said. "We are very pleased that the odor problem was corrected back in the spring time of 2009." He said the company would take time to review the complaint. "I think we've done everything accordingly to address the issues that were there and fixed this problem sometime ago," he said. Dunn believes that's not good enough and is ready for a potentially long court battle. "I've dealt with every stall tactic imaginable," he said. "We know they've violated the law doing what they did and we are going to make them responsible to the communities for what happened." A copy of the Complaint in Amber, et al. v. Allied Waste Transportation, Inc., et al., Case No. _________ (Ill. Cir. Ct., Cook Cty.), is available at http://is.gd/5Rs1P The Plaintiffs are represented by: Glen J. Dunn, Jr., Esq. Edward J. Samuelson, Esq. GLEN J. DUNN & ASSOCIATES, LTD. 35 East Wacker Dr., Suite 650 Chicago, IL 60601 Telephone: 312-546-5056 - and - Raymond T. Reott, Esq. REOTT LAW OFFICES, LLC 35 East Wacker Dr., Suite 650 Chicago, IL 60601 Telephone: 312-332-7544 APPLE INC: 9th Cir. Dismisses iPod Hearing Loss Lawsuit ------------------------------------------------------- Jonathan Stempel at Reuters reports that a federal appeals court on has rejected a class-action lawsuit seeking to hold Apple Inc responsible for possible hearing loss caused by using its popular iPod music player. The ruling in Birdsong, et al. v. Apple Inc., No. 08-18841 (9th Cir.), affirmed a 2008 district court ruling that the plaintiffs failed to show that use of the iPod poses an unreasonable risk of noise-induced hearing loss. It also found that the plaintiffs lacked standing to allege a violation of California's unfair competition law. Jeff Friedman, Esq., a Berkeley, California lawyer representing the plaintiffs, did not return Mr. Stempel's call for comment. David Bernick, Esq., who represented Apple, had no immediate comment, nor did an Apple spokesperson. Cupertino, California-based Apple has sold more than 220 million iPods since their 2001 launch. It provides a warning with each iPod that urges users to avoid hearing damage by setting the volume at safe levels. The plaintiffs, Joseph Birdsong and Bruce Waggoner, had argued that the iPod ear buds are designed to be placed deep in the ear canal, which increases the danger of hearing damage. They also said that iPods pose a danger because of their lack of volume meters or noise-isolating properties, despite being capable of producing sound as loud as 115 decibels. The appeals court said the plaintiffs showed ways they believe iPods could be made safer, not that they were dangerous. "The plaintiffs do not allege the iPods failed to do anything they were designed to do nor do they allege that they, or any others, have suffered or are substantially certain to suffer inevitable hearing loss or other injury from iPod use," Senior Judge David Thompson wrote. "At most, the plaintiffs plead a potential risk of hearing loss not to themselves, but to other unidentified iPod users," he wrote. The plaintiffs had sought money damages, and to require Apple to improve safety and disclosures, provide better headphones, and test iPod users for hearing loss. CARFAX INC: Ohio Court Says E-Mailed Settlement Notice Inadequate ---------------------------------------------------------------- From Cleveland, Sheryl Harris at The Plain Dealer reports that an Ohio appeals court rejected a class-action settlement on behalf of Carfax customers, ruling that e-mails about the settlement didn't serve proper notice to consumers. The class-action grew from a 2004 suit in Trumbull County that alleged Carfax didn't tell consumers enough about the gaps in the vehicle history reports it sells to potential car buyers. The suit affects consumers who bought reports before Oct. 27, 2006. But when Carfax and the lead plaintiffs settled in 2006, the consumer group Public Citizen intervened and challenged the arrangement, which would have given consumers coupons they could use to buy CarFax reports or to put toward vehicle repairs. Public Citizen objected that there was little evidence that e- mailed notices even reached people who bought reports. (As 11th district appeals court Judge Mary Jane Trapp noted in her concurring opinion, Carfax and its owner, Polk Carfax, are in the business of providing mailing addresses of car owners in class action cases.) Although the original settlement was reworked, the appeals court agreed that it was hard to tell whether the revised settlement had any real value because the lower court failed to determine the number of claims made or the likely number of consumers who would redeem coupons. The appeals judges said in the Christmas Eve ruling that the trial court should have granted Public Citizen's motion that Carfax be required to reveal how many customers had responded to the e-mailed settlement notices. The case goes back to the lower court. A copy of the Opinion in West v. CarFax, Inc., et al., Case No. 2008-T-0045 (Ohio Ct. App., 11th App. Dist., Trumbull Cty.), is available at: http://www.sconet.state.oh.us/rod/docs/pdf/11/2009/2009-ohio-6857.pdf LEUCADIA NATIONAL: "Sewer Service" Collection Subsidiaries Sued --------------------------------------------------------------- Ray Rivera at The New York Times reports that Monique Sykes says the first notice that a debt judgment had been entered against her came in July, with big red letters splashed across the top saying: "Marshal's Notice of Execution." "I was in a panic," recalled Ms. Sykes, 29, of the Bronx. "For like 5 or 10 minutes all my eyes could focus on were those words, 'Marshal's Notice,' and 'lien on property.' " Ms. Sykes is among thousands of New Yorkers who, according to a class-action lawsuit, are victims of a network of debt collectors who used fraudulent documents to surreptitiously win court judgments -- all without the debtors' knowledge. The lawsuit, filed in Federal District Court in Manhattan last week, takes aim at a decades-old practice known in legal circles as "sewer service." This is when a debt collector fails to serve a notice of complaint and then files a false affidavit claiming the notice has been properly served. When the debtor doesn't show up in court, the collector can then apply for, and almost always wins, a default judgment. The first a victim often learns about the judgment is when a bank account is seized or a lien is threatened. The judgments can also ruin a person's credit report. Consumer advocates say the practice has grown in recent years, fueled by the recessionary rise in consumer debt actions and the emergence over the last decade of companies that buy up charged- off debt for pennies on the dollar, then seek to recover the full debt, along with interest, for themselves. The economic collapse has put new scrutiny on the scheme as more and more people have found themselves in debt-related legal actions. In April, Attorney General Andrew M. Cuomo arrested the owner of a Long Island process-serving company, American Legal Process, for engaging in the practice. The investigation suggested that on hundreds of occasions, servers claimed to be in several places at once, often over distances impossible to cover in a day. The attorney general's office is seeking to vacate more than 101,000 court judgments statewide obtained by debt collection law firms that used American Legal, and has expanded its inquiry into other firms. Valerie Hayes, corporate counsel for A.C.A. International, a trade association of credit-collection companies, said they rely on process servers to provide honest service. She said she did not believe that fraudulent filings were widespread. "The problem is with a few disreputable process servers," she said, "and I don't think it's limited to the debt-collection industry." But a 2008 report by MFY Legal Services, a nonprofit law firm in New York, found that defendants in consumer debt cases showed up in court less than 10 percent of the time, raising questions about whether they were ever properly served and about the prevalence of sewer service in the industry. The class-action lawsuit filed on Monday goes after an entire debt collection chain, starting with the debt-buying companies, the law firm they hired to collect the debt, and the process- serving firm used to notify debtors. The suit names five debt- buyer firms with variations of the names L-Credit and LR Credit. All are subsidiaries of Leucadia National, a $6 billion publicly traded holding company engaged in various businesses, including timber and manufacturing. The company, which is also named as a defendant, declined comment on the suit. Mel S. Harris & Associates, the law firm named in the suit, did not return phone calls seeking comment. The process-serving company, Samserv Inc., out of Brooklyn, denied allegations that it filed false affidavits of service. "Absolutely not, absolutely not," said William Mlotok, Samserv's owner. Mr. Mlotok said he could not comment on the specifics of the lawsuit because he had not seen it. The lawsuit was filed by MFY, the Neighborhood Economic Development Advocacy Project and the law firm of Emery Celli Brinckerhoff & Abady. It claims it could represent more than 100,000 victims of judgments won through the actions of the companies in New York civil courts since 2006. A central claim of the action is that most debt-buying firms do not get enough information in the volume data they buy to meet the burden of proof to win a debt case. They therefore seek default judgments. When Ms. Sykes got her marshal's notice, she learned that a judgment had been won against her nine months earlier, but this was the first she had heard of it. A process server claimed in an affidavit that he served notice to her Bronx apartment on July 18, 2008, at 7:15 p.m., giving the summons to a "Ms. Rolanda." A parent of two young children, Ms. Sykes said that either she or her husband, a union carpenter who was looking for work at the time, would certainly have been home then. Further, she said, she had never heard of Ms. Rolanda, nor had any of her neighbors. Ms. Sykes did have an old Chase credit card that had a small balance when she was laid off a few years earlier that she had hoped to repay, but nowhere near the $2,500 judgment won against her. With the help of the advocacy project, she went to court and insisted on a hearing to prove that she had never been served. A lawyer with Mel S. Harris instead offered to settle for $800, then to drop it altogether. She refused, insisting on a hearing. A judge finally dismissed Sykes v. Mel S. Harris and Associates LLC, et al., Case No. 09-cv-08486 (S.D.N.Y.) (Chin, J.) (filed Oct. 6, 2009), but without prejudice, meaning the company can go after her again. OSCEOLA FOODS: Overtime Class Action Suit Filed in Iowa ------------------------------------------------------- The Osceola Sentinel-Tribune reports that a West Des Moines, Iowa, law firm and an Osceola Foods employee has filed a class- action lawsuit in Clarke County, Iowa, against the company claiming it routinely forced employees work while off the clock. ROCKYOU INC: N.D. Calif. Class Action Lawsuit Alleges Data Breach ----------------------------------------------------------------- David Kravets at Wired.com reports that RockYou, the popular provider of third-party apps for Facebook, MySpace and other social-networking services, is being hit with a proposed class- action accusing the company of having such poor data security that at least one hacker got away with 32 million e-mails and their passwords. The suit accuses the maker of apps like "Slideshow" for MySpace and "Superwall" for Facebook of making its unencrypted customer data "available to even the least capable hacker." "RockYou failed to use hashing, salting or any other common and reasonable method of data protection and therefore drastically exacerbated the consequences of a hacker bypassing its outer layer of web security," according to the complaint filed in Claridge v. RockYou, Inc., Case No. 09-cv-06032 (N.D. Calif.) (Zimmerman, J.). So-called SQL injection vulnerabilities are among the top online security defects. Hackers, for example, took advantage of such flaws to steal some 130 million credit card numbers from databases of Hannaford Brothers, 7-Eleven and Heartland Payment Systems in 2007 and 2008. Redwood City, California-based RockYou admits the data was "breached." The lawsuit claims a hacker known by the moniker "igigi" exploited an SQL injection flaw and "and removed the e- mails and passwords of approximately 32 million registered RockYou users." The suit also accuses the company of failing to promptly notify consumers of the Dec. 4 breach. Wendy Zaas, a company spokeswoman, said in an e-mail that RockYou "plans to defend itself vigorously. The company takes its users' privacy seriously." The company's privacy policy said it "makes commercially reasonable efforts to ensure the security of our system," yet its user database was stored in plain text, according to the lawsuit. In a telephone interview, Zaas declined to address the merits of the allegations in the lawsuit. Michael Aschenbrener, Esq., the lead lawyer suing RockYou, said in a telephone interview that "there was a complete breach of RockYou's database. It does appear to be a catastrophic breach. " More than a week after the breach, the company recommended that its customers "change their passwords for their e-mail and other online accounts if they use the same e-mail accounts and passwords for multiple online services. " The company said it was working with the government to investigate the illegal breach, and has begun encrypting passwords and "reviewing our current data security features." The plaintiffs are seeking a court order requiring RockYou to increase its security, as well as unspecified damages. A copy of the 25-page Complaint is available at: http://www.wired.com/images_blogs/threatlevel/2009/12/applawsuit.pdf The Plaintiff is represented by: Michael James Aschenbrener, Esq. Christopher L. Dore, Esq. Jay Edelson, Esq. Benjamin Harris Richman, Esq. KAMBEREDELSON, LLC 350 N. LaSalle Street, Suite 1300 Chicago, IL 60654 Telephone: 312-589-6379 - and - Suzanne Havens Beckman, Esq. David Christopher Parisi, Esq. PARISI & HAVENS LLP 15233 Valleyheart Drive Sherman Oaks, CA 91403 Telephone: 818-990-1299 RockYou, Inc., is represented by: Karen Johnson-McKewan, Esq. ORRICK HERRINGTON & SUTCLIFFE LLP 405 Howard Street San Francisco, CA 94105 Telephone: 415-773-5700 Asbestos Litigation ASBESTOS UPDATE: Deere Still Subject to Product Liability Claims ---------------------------------------------------------------- Deere & Company continues to be subject to unresolved legal actions, which include asbestos-related liability actions. No other asbestos-related matters were disclosed in the Company's annual report filed with the U.S. Securities and Exchange Commission on Dec. 17, 2009. Deere & Company makes farm equipment and produces construction, forestry, industrial, and lawn care equipment. The Company makes 60 percent of its sales in North America. The Company is based in Moline, Ill. ASBESTOS UPDATE: La Grande Man Fined $1,600 for Abatement Breach ---------------------------------------------------------------- The Oregon Department of Environmental Quality has penalized Joshwin Paul Braseth of La Grande, Ore., US$1,600 for performing an asbestos abatement project without a license, according to a DEQ press release dated Dec. 2, 2009. The penalty stems from an unlicensed asbestos abatement project Mr. Braseth performed in June 2009. He allowed the removal and shattering of about 2,250 square feet of asbestos containing siding from a house he owns located at 801 F. Ave. in La Grande, Ore. This action likely caused the release of asbestos fibers into the air. Mr. Braseth did not appeal the penalty by the Nov. 19, 2009 deadline, and the penalty is now due. ASBESTOS UPDATE: Hazards Removed from Superfund Site in Walpole --------------------------------------------------------------- The U.S. Environmental Protection Agency completed a short-term cleanup removing asbestos from the former mill building and hazardous substances in drums and containers on the Blackburn & Union Privileges Superfund Site, in Walpole, Mass., according to an EPA press release dated Dec. 18, 2009. Nearly 30 tons of asbestos and asbestos containing debris, as well as over 2,700 pounds of hazardous materials and waste oils were removed from the site. The removal work, conducted by EPA's contractor with EPA oversight, began in June 2009 and concluded in October 2009. Although EPA found the former mill building structurally adequate, the lack of a fire suppression system coupled with the disrepair of the roof and many windows and the presence of asbestos and hazardous substances in drums and containers presented a health threat to anyone on the site and may have posed additional risks in the event of a fire. All visible friable asbestos and asbestos-containing material was removed and trucked in sealed containers to a licensed landfill. The abandoned drums and containers containing lead, volatile organic compounds, semi-volatile organic compounds and ignitable and corrosive wastes were removed and disposed of at a licensed facility. EPA conducted air monitoring throughout the removal effort to ensure the safety of its workers and the surrounding community. No asbestos fibers were detected outside of the former mill building by the air monitors during the removal action. The Blackburn & Union Privileges site was added to the Superfund "National Priority List" in 1994. Industrial and commercial processes on the site date back to the 1600s. Between 1891 and 1915, the site was used for manufacture of tires, rubber goods, and insulating materials. The crushing of raw asbestos in the manufacture of brake and clutch linings occurred at the site between 1915 and 1937. Various cotton and fabric production processes were conducted at the site from 1937 until 1985. After considering public comments, in September 2008, EPA decided on an overall site cleanup plan. The cleanup plan includes these major components: -- Removal of Neponset River and Lewis Pond contaminated sediment; -- Cleanup of contaminated on-site soil; -- Cleanup of on-site groundwater which could pollute local surface water; -- Restriction on future uses of the South Street on-site properties. EPA is negotiating with the potentially responsible parties that owned facilities and or operated at the site for the performance of the cleanup work. ASBESTOS UPDATE: 13 Cases Filed in Ill. During Nov. 30 to Dec. 4 ---------------------------------------------------------------- During the week of Nov. 30, 2009 and Dec. 4, 2009, a total of 13 new asbestos-related lawsuits were filed in Madison County Circuit Court, Ill., The Madison St. Clair Record reports. These cases are: -- (Case No. 09-L-1306) Barbara Brawley of Arkansas claims her deceased husband, Thomas Brawley Jr., developed mesothelioma after his work at Liquid Carbonic and W.P. Rock; as a pipefitter at DuPont Chemical, at Hoyer Schlesinger Turner, at Piping Systems; as an insulator and laborer at Brown and Root; and as a member of the Steamfitters' Local 614. Randy L. Gori, Esq., and Barry Julian, Esq., of Gori, Julian and Associates in Edwardsville, Ill., will represent Mrs. Brawley. -- (Case No. 09-L-1292) Deborah and Glenn Briscoe of West Virginia claim Mrs. Briscoe developed mesothelioma after her work at UPS Freight. She was also secondarily exposed to asbestos fibers through her husband, who worked as an electrician, and through her father, who was a mechanic. Randy L. Gori, Esq., and Barry Julian, Esq., of Gori, Julian and Associates in Edwardsville, Ill., will represent the Briscoes. -- (Case No. 09-L-1302l) Beverly Dietrich of Minnesota claims her brother, Richard Dietrich, developed mesothelioma after his work as a supervisor. Nicholas J. Angelides, Esq., of Simmons, Browder, Gianaris, Angelides and Barnerd in East Alton, Ill., will represent Ms. Dietrich. -- (Case No. 09-L-1303) David Gallagher of New York claims his deceased father, Arnold Gallagher, developed mesothelioma after his work as a machinist, oiler, expediter, planner, mechanic, sales, building maintenance and maintenance manager. Amy E. Garrett, Esq., and W. Brent Copple, Esq., of Simmons, Browder, Gianaris, Angelides and Barnerd in East Alton, Ill., will represent Mr. Gallagher. -- (Case No. 09-L-1289) Sam E. and Shirley Grace Jones of Alabama claim Mr. Jones developed mesothelioma after his work as a farmer and construction worker, as a laborer at Enterprise Oil Mill, as an assembly line worker for Dorsey's Tractor Trailer and as a security officer for Session Company. Elizabeth V. Heller, Esq., and Robert Rowland, Esq., of Goldenberg, Heller, Antognoli and Rowland in Edwardsville, Ill., will represent the Joneses. -- (Case No. 09-L-1309) William Helsby of Nevada, a technician, tool and dye worker, mold helper and iron cutter, claims mesothelioma. Randy S. Cohn, Esq., of Simmons, Browder, Gianaris, Angelides and Barnerd in East Alton, Ill., will represent Mr. Helsby. -- (Case No. 09-L-1298) Gregory A. and Patricia M. Kozlowski of Pennsylvania claim Mr. Kozlowski developed mesothelioma after his work as a union laborer for LIUNA Local #373 and as an operating engineer with IUOE Local #66. Elizabeth V. Heller, Esq., and Robert Rowland, Esq., of Goldenberg, Heller, Antognoli and Rowland in Edwardsville, Ill., will represent the Kozlowskis. -- (Case No. 09-L-1293) Charles R. Nahl of Minnesota, an electrician at Great Northern Railway, claims mesothelioma. Randy L. Gori, Esq., and Barry Julian, Esq., of Gori, Julian and Associates in Edwardsville, Ill., will represent Mr. Nahl. -- (Case No. 09-L-1311) Janet Neumann of Wyoming claims her deceased husband, Dale L. Neumann, developed lung cancer after his work as a pipefitter and welder, as a welder for Independent Engineering Company, as a worker for JMJ Industries and as a self-employed contractor, as a construction worker for Ben Ruser Construction, as a contractor for M & H Builders and as a wood worker. Elizabeth V. Heller, Esq., and Robert Rowland, Esq., of Goldenberg, Heller, Antognoli and Rowland in Edwardsville, Ill., will represent Mrs. Neumann. -- (Case No. 09-L-1294) Richard and Kathleen Pierce of Minnesota claim Mr. Pierce developed mesothelioma after his work as a shipping packager at LDI Safeco, as a boiler tech for the U.S. Navy, as a warehouseman, forklift operator and receiving checker for United Hardware, as a shipper and receiver for Ausburg Fortress Publishers, as a slag stripper at Olympic Steel, as an order preparer at Kmart Distribution Center, as a shadetree mechanic, as general laborer at a cheese plant, as a gas pumper and cashier and as a warehouseman at St. Regis Paper Company. Randy L. Gori, Esq., of Gori, Julian and Associates in Edwardsville, Ill., will represent the Pierces. -- (Case No. 09-L-1296) Nancy Pigue of Missouri claims her deceased husband, Edward Pigue, developed mesothelioma after his work as a truck driver, laborer and mechanic's helper. Randy S. Cohn, Esq., of Simmons, Browder, Gianaris, Angelides and Barnerd in East Alton, Ill., will represent Mrs. Pigue. -- (Case No. 09-L-1297) Leslie E. Rees of California, a service boiler maker, a member of the U.S. Navy, a research and development technician and a building maintenance laborer, claims mesothelioma. Richard L. Saville Jr., Esq., and Ethan A. Flint, Esq., of Saville and Flint in Alton, Ill., will represent Mr. Rees. -- (Case No. 09-L-1310) Lorenzo Walker of Iowa, a stocker at Baker's Supermarket, a worker at Caniglia Italian Restaurant, a packer at Arnie Hanson's Furniture Moving and a temporary worker at All in a Day Temp Service, claims mesothelioma. Randy L. Gori, Esq., and Barry Julian, Esq., of Gori, Julian and Associates in Edwardsville, Ill., will represent Mr. Walker. ASBESTOS UPDATE: Avram Receives $540T Payout From McMaster-Carr --------------------------------------------------------------- Michigan attorneys Margaret Holman-Jensen, Esq., and Alice A. Buffington, Esq., successfully stand up for workers' rights in Avram v. McMaster-Carr Supply Co., in which the plaintiff was awarded US$540,000 in asbestos-related damages, according to a Zamler, Mellen & Shiffman press release dated Dec. 18, 2009. It was the first Michigan asbestos case decided by a verdict in over 16 years. In Avram v. McMaster-Carr Supply Co., Ms. Holman- Jensen and Ms. Buffington argued on behalf of Reed Avram, who developed the lung disease asbestosis after years of exposure to asbestos. Ms. Holman-Jensen, Partner and Asbestos Department Manager for the firm, said, "This was a big case, not just for our client, but for asbestosis victims throughout Michigan. Michigan is a state built on industry and asbestosis is something that affects many factory and plant workers. In the end the jury concluded that these workers have rights and that someone should be held responsible for the diseases they developed on the job." In this case, Mr. Avram spent time at both the Ford Rouge plant in Detroit and with General Motors Company. At both jobs, he was exposed to large amounts of asbestos. Decades later, he began to develop lung scarring, which resulted in progressive shortness of breath. McMaster-Carr provided asbestos blankets to the Ford Rouge plant during the time in which Mr. Avram was employed. The jury concluded that the manufacturer should have been aware of the dangers of asbestos at the time the blankets were provided and were, therefore, responsible for compensating Mr. Avram for his injuries. Ms. Holman-Jensen said, "Since asbestosis can take decades to fully develop, it's often hard for victims to seek compensation. Of those affected, many think that it's simply been too long since they were exposed, or they tell themselves that the symptoms are due to aging and other things. This case proves that you can find justice, even decades after your exposure to asbestos." The Michigan personal injury lawyers of Zamler, Mellen & Shiffman have offices in Detroit, Southfield and Taylor. The law firm was established in 1969 and has decades of experience handling personal injury and wrongful death cases of all types. ASBESTOS UPDATE: Franklin Action Filed v. 21 Firms in Orange Co. ---------------------------------------------------------------- The children of Reginald Franklin, on Dec. 15, 2009, filed an asbestos-related lawsuit against 21 defendant corporations in Orange County District Court, Tex., The Southeast Texas Record reports. Some of the defendants named in the suit include ABCO Industries Limited, Owens Illinois Inc., and the A.W. Chesterton Co. From 1946 to 1980, Mr. Franklin worked at the E. I. du Pont de Nemours and Company facility in Orange, Tex. In April 6, 2009, he died from lung cancer. Now, Mr. Franklin's children, led by Mae Franklin, claim his long-term employer and 20 other companies exposed him to asbestos. In addition to working for DuPont for nearly four decades, Mr. Franklin also served in the U.S. Armed Forces. The suit does not specify what Mr. Franklin's work duties included while in DuPont's employment. The suit alleges all of the defendants of conspiring to mine, manufacture, sell and place asbestos and asbestos products in the mainstream of commerce. Tina Bradley, Esq., of the Hobson & Bradley law firm, represents the Franklin children. Case No. A090651-c has been assigned to Judge Pat Clark, 128th Judicial District. ASBESTOS UPDATE: Granger Suit Filed v. 30 Firms in Jefferson Co. ---------------------------------------------------------------- Rufus Granger's widow, Maudry Granger, on Dec. 15, 2009, filed an asbestos-related lawsuit against 30 defendant corporations in Jefferson County District Court, Tex., The Southeast Texas Record reports. Defendants include A.W. Chesterton Company, American Optical, Bechtel Group Inc., Crane Co., Fluor Enterprises, Foster Wheeler AG, Henry Vogt Machine Co., Honeywell International Inc., Ingersoll-Rand plc, John Crane Inc., Lockheed Martin Corporation, 3M Company, Sepco Corp., Treco Construction Services, Uniroyal, Washington Group and Zurn Industries. This is the second suit regarding Mr. Granger's exposure to asbestos. Mr. Granger already sued or settled his claims for his non-malignant asbestos-related disease with one or more defendants, the suit states. The original complaint states, "Decedent died from a different malignant asbestos-related injury for which the decedent's family seeks compensation. Plaintiff now seeks damages against defendants not released in the previous actions pursuant to Pustejovsky v. Rapid-American Corp." According to the complaint, Mr. Granger was required to work with and around asbestos and asbestos containing products while engaged in the course of his employment as a heavy equipment operator, truck driver and laborer. His work around the asbestos allegedly caused him to suffer from asbestos-related diseases and other industrial dust diseases caused by breathing the asbestos- containing products. Mrs. Granger seeks damages for physical pain and suffering, mental anguish, lost wages, disfigurement, physical impairment, medical bills and funeral expenses. As Mr. Granger's surviving spouse, Mrs. Granger seeks compensation for loss of consortium and loss of numerous household services. In addition, she seeks exemplary damages. Bryan Blevins, Esq., of Provost Umphrey Law in Beaumont, Tex., represents Mrs. Granger. Case No. A185-484 has been assigned to Judge Bob Wortham, 58th District Court. ASBESTOS UPDATE: Pa. Lawsuit v. Crane, Garlock Settled for $17MM ---------------------------------------------------------------- The law firm of Baron & Budd, P.C. announced a US$17 million damages verdict for the families of two mesothelioma victims, according to a Baron & Budd press release dated Dec. 21, 2009. Both men were exposed to asbestos from numerous sources including Crane Co. valves and Garlock Sealing Technologies asbestos gaskets. Baron & Budd shareholder Denyse Clancy, Esq., represented the families at trial. As the Pennsylvania jury was returning with its verdict, Crane agreed to a confidential settlement. Because of the settlement, Garlock was the only remaining defendant when the jury returned the damages verdict. The jury determined that each of the men suffered mesothelioma caused by asbestos exposure and that the families' damages combined to US$17 million dollars. The jury then began to hear evidence regarding Garlock's individual liability. Garlock argued that it could not be proven that their gaskets, as used by the two mesothelioma victims, contributed to the plaintiffs' risk of mesothelioma. It was shown that Garlock gaskets contained about 75 to 90 percent asbestos. The jury was ultimately allowed to see a document that Garlock sought to have excluded by the court, where Garlock admitted that their gaskets could cause mesothelioma. Shortly thereafter, Garlock entered into a confidential settlement with both families. Ms. Clancy said, "This was a hard fought legal battle. We are thrilled that justice was done for these families." ASBESTOS UPDATE: Renovation, Abatement at Kingston to Cost $273T ---------------------------------------------------------------- The Kingston, N.Y., Board of Education awarded a US$273,000 bid to Meyer Contracting Corp. to remove asbestos and renovate Kingston High School's auditorium, Mesothelioma.com reports. The renovation project began in Dec. 18, 2009 and is expected to wrap up by the first week of April 2010, hopefully in time to house the performance of the spring play. Robert Pritchard, assistant superintendent for business and operations, said the renovations will also include plaster work on the ceiling, which must be completed prior to the installation of the new seating. Mr. Pritchard said, "It's also cheaper to do this work as an overall bid rather than separately in the future." He added that any remaining funds in the budget will be used to offset the local property tax levy. ASBESTOS UPDATE: Lewis' Widow Awarded GBP170,000 in Compensation ---------------------------------------------------------------- The High Court of Justice, London, awarded GBP170,000 in damages to Patricia Lewis, the widow of Raymond Lewis, a construction worker who was exposed to asbestos during his career and eventually died of mesothelioma, ContractorsCompare.com reports. Mr. Lewis, of The Lawns, Swindon, England, had spent part of his career working on different building projects which involved the deadly material. In November 2009, the Health and Safety Executive ran a "hidden killer" campaign which was used to warn joiners' liability insurance holders about the dangers of working with asbestos. The HSE also advised what should be done if a worker comes into contact with asbestos and how best to protect themselves when working with it. ASBESTOS UPDATE: Scarborough Worker's Death Related to Exposure --------------------------------------------------------------- An inquest at Scarborough, England, heard that the death of 84- year-old worker William Preston was linked to workplace exposure to asbestos, ContractorsCompare.com reports. The inquest heard that Mr. Preston, of Burniston, Scarborough, spent much of his working life in confined spaces while working at shipyards. He would have to drill through asbestos insulation on the ships, creating lots of dangerous dust. The source reported that Mr. Preston's wife of 58 years, Dorothy, said her husband first fell ill in June 2009. He developed asbestosis. Coroner Michael Oakley said, "Given the evidence, I will record a verdict that he died from industrial disease." ASBESTOS UPDATE: Cleanup at County Louth Site to Cost EUR20,000 --------------------------------------------------------------- The Council in County Louth, Ireland, could pay EUR20,000 for cleanup after asbestos materials were dumped at the New Inn, Newry Road, last Dec. 15, 2009, The Argus reports. Local residents noticed a large articulated truck in the area at 11:45 p.m. on Dec. 15, 2009 and the next morning revealed that a large amount of roofing material containing asbestos had been dumped on the roadway, which is now a cul de sac. The local authority supervised the covering of the roofing material with plastic to ensure that the asbestos fibers did not become airborne and then sought tenders to have it removed. Declan McMahon from Louth County Council's environment section said, "We have to engage a specialist firm and are getting quotes in at the moment." He explained that the material will have to be "double wrapped" and sealed before being taken from the site for export overseas. Local residents, however, say they are fed up with illegal dumping in the area. The area appeared to have fallen into a no- man's land between Louth County Council and Dundalk Town Council since the road was cut off with the opening of the M1, claimed one local resident. ASBESTOS UPDATE: N.Y. Atty. Sees Mesothelioma Cases Rise in 2010 ---------------------------------------------------------------- The upcoming year 2010 will bring another increase in deaths from malignant mesothelioma, Joseph W. Belluck, a New York personal injury lawyer says, according to a Belluck & Fox press release dated Dec. 17, 2009. Mr. Belluck said, "A lot of people don't realize that the number of cases of mesothelioma is still on the increase. These deaths are tragic and ongoing. Unfortunately, even today, people are still being exposed to this cancer-causing material, and we will still see hundreds or thousands of asbestos-related deaths each year for decades to come." A 2009 analysis by federal health researchers at the National Institute of Occupational Safety and Health found that the annual number of deaths of malignant mesothelioma is still increasing. The mortality report found the number of U.S. deaths increased from 2,482 in 1999 to 2,705 in 2005, the most recent year of complete data. New cases reflect the legacy of decades of asbestos use and even today researchers estimate 1.3 million construction and general industry workers are exposed to asbestos dust, Mr. Belluck said. Houses and buildings throughout the United States still have large amounts of asbestos insulation and other materials that will eventually have to be removed when the buildings are remodeled or demolished. Researchers project the disease will remain above background levels until 2050. ASBESTOS UPDATE: District Court Denies Motions in Riego Lawsuit --------------------------------------------------------------- The U.S. District Court, District of Delaware, denied plaintiff's various motions in a case involving asbestos styled Michael S. Riego, Plaintiff v. Thomas Carroll, et al., Defendants. District Judge Sue L. Robinson entered judgment in Civil Action No. 08-433-SLR on Oct. 23, 2009. Michael S. Riego, an inmate at the James T. Vaughn Correctional Center (VCC), Smyrna, Del., who appeared pro se, filed a motion on Sept. 22, 2009, seeking injunctive relief to allow expedited discovery and/or to preserve evidence. The court construed the motion as seeking an order to preserve discovery. He also requested counsel. Mr. Riego filed a conditions of confinement claim alleging the housing conditions at the VCC, Units T-1 and T-2, violated his constitutional rights. More particularly, he alleged that: -- The buildings were condemned as unfit for housing but, without correcting the problems, were reopened for housing on or about April 15, 2006; -- There are no sprinklers in the buildings; -- Constant lighting causes sleep deprivation; -- Every Tuesday there is a lack of heat and hot water, and for a seven-day period inmates were moved from the building due to heat and hot water problems; -- The asbestos insulation is not sealed in many places and there is insufficient ventilation in the buildings; and -- The design of the bathrooms does not afford inmate privacy. Mr. Riego advised the court that inmates have been moved from Units T-1 and T-2, and renovations have begun. He sought an opportunity to document the current conditions of the housing units, via inspections. Mr. Riego filed his motion to preserve discovery on Sept. 22, 2009, and on Sept. 29, 2009, the court set a briefing schedule. On Oct. 2, 2009, counsel for defendants toured the T-1 building and took photographs. The motion for injunctive relief to allow expedited discovery and/or to preserve evidence was denied. The requests for counsel were denied without prejudice. Michael S. Riego, Smyrna, Del., represented himself. Philip Henry Bangle, Esq., Department of Justice, Wilmington, Del., represented the Defendants. ASBESTOS UPDATE: Appeal Court OKs Board Ruling in Simmons Action ---------------------------------------------------------------- The U.S. Court of Appeals for Veterans Claims affirmed the Jan. 26, 2007 ruling of the Board of Veterans' Appeals, which denied VA service connection to Charles E. Simmons. The case is styled Charles E. Simmons, Appellant v. Eric K. Shinseki, Secretary of Veterans Affairs, Appellee. Chief Judge Greene entered judgment in Case No. 07-0542 on Oct. 30, 2009. Mr. Simmons appealed the Jan. 26, 2007 Board ruling that denied VA service connection for coronary artery disease (claimed as secondary to asbestos exposure), chronic obstructive pulmonary disease (COPD) (claimed as secondary to asbestos exposure), diabetes mellitus, and residuals of prostate cancer. Mr. Simmons served honorably in the U.S. Navy from January 1952 to December 1953. During service, he was exposed to asbestos. In June 2000, he claimed service connection for coronary artery disease and submitted medical evidence of a "thickened pleural lining," as shown by a chest x-ray, and "mild obstructive phenomenon." A November 2000 private treatment record documents "interstitial lung disease consistent with asbestos exposure/asbestos related disease." In December 2000, a VA examiner diagnosed Mr. Simmons as having COPD. In March 2004, Mr. Simmons underwent a VA examination for pulmonary tuberculosis during which the examiner noted a history of exposure to asbestos but found no clinical signs of pulmonary disease. In its Jan. 26, 2007 decision, the Board found that the preponderance of the competent medical evidence of record is against a finding that Mr. Simmons' COPD was related to his service or exposure to asbestos therein. This appeal followed. ASBESTOS UPDATE: Navistar International Subject to Injury Claims ---------------------------------------------------------------- Navistar International Corporation continues to be subject to an increase in the number of asbestos-related claims in recent years, according to the Company's annual report filed with the Securities and Exchange Commission on Dec. 21, 2009. In general, these claims relate to illnesses alleged to have resulted from asbestos exposure from component parts found in older vehicles, although some cases relate to the alleged presence of asbestos in the Company's facilities. In these claims, the Company is not the sole defendant and the claims name as defendants numerous manufacturers and suppliers of a wide variety of products allegedly containing asbestos. Navistar International Corporation manufactures International brand commercial trucks, IC Bus, LLC brand buses, MaxxForce brand diesel engines, Workhorse Custom Chassis, LLC brand chassis for motor homes and step vans, Monaco RV, LLC recreational vehicles, and Navistar Defense, LLC military vehicles. It also provides service parts for all makes of trucks and trailers. The Company is based in Warrenville, Ill. ASBESTOS UPDATE: Esterline Still Subject to Potential Liability --------------------------------------------------------------- Esterline Technologies Corporation continues to be subject to potential liabilities relating to certain products it manufactured containing asbestos, according to the Company's annual report filed with the Securities and Exchange Commission on Dec. 22, 2009. To date, the Company's insurance has covered claims against it relating to those products. Commencing Nov. 1, 2003, insurance coverage for asbestos claims has been unavailable. However, the Company continues to have some insurance coverage for exposure to asbestos contained in its products prior to that date. The Company continues to manufacture for one customer a product that contains asbestos. It has an agreement with the customer for indemnification for certain losses the Company may incur as a result of asbestos claims relating to that product, but the Company cannot assure that this indemnification agreement will fully protect it from losses arising from asbestos claims. Esterline Technologies Corporation is a specialized manufacturing company principally serving aerospace and defense customers. The Company designs, manufactures and markets highly engineered products and systems for application within the industries it serves. The Company is based in Bellevue, Wash. ASBESTOS UPDATE: Joy Global, Units Subject to Exposure Lawsuits --------------------------------------------------------------- Joy Global Inc. and its subsidiaries continue to be involved in various unresolved legal matters that arise in the normal course of operations, the most prevalent of which relate to product liability (including over 1,000 asbestos and silica-related cases), employment, and commercial matters. No further asbestos-related matters were disclosed in the Company's annual report filed with the U.S. Securities and Exchange Commission on Dec. 22, 2009. Joy Global Inc. manufactures and services high productivity mining equipment for the extraction of coal and other minerals and ores. Its equipment is used in major mining regions throughout the world to mine coal, copper, iron ore, oil sands, and other minerals. The Company is based in Milwaukee. ASBESTOS UPDATE: Brewer, LaRosa Cases v. 133 Firms Filed Dec. 8 --------------------------------------------------------------- Two asbestos lawsuits, one filed on behalf of Raymond E. Brewer Sr. and another filed by Francis J. LaRosa and Jeanette M. LaRosa, against 133 defendant corporations were filed on Dec. 8, 2009 in Kanawha County Circuit Court, W.Va., The West Virginia Record reports. The cases are styled Raymond E. Brewer Jr., Executor of the Estate of Raymond E. Brewer Sr., deceased; Francis J. LaRosa and Jeanette M. LaRosa, his wife vs. 20th Century Glove Corporation, A.O. Smith Corporation, et al. The plaintiffs claim the 133 companies named in the lawsuit caused both Mr. Brewer Sr.'s and Mr. LaRosa's asbestosis and mesothelioma. They claim the companies exposed them to asbestos- containing products, which caused their conditions. The plaintiffs seek damages, both jointly and severally, for an amount above the court's jurisdictional minimum. David P. Chervenick, Esq., Bruce E. Mattock, Esq., Lee W. Davis, Esq., and Scott S. Segal, Esq., represent the plaintiffs. Case Nos. 09-C-2252 and 09-C-2253 will be assigned to a visiting judge. ASBESTOS UPDATE: 23 Actions Filed in Madison During Dec. 7 to 11 ---------------------------------------------------------------- During the week of Dec. 7, 2009 through Dec. 11, 2009, a total of 23 new asbestos-related lawsuits were filed in Madison County Circuit Court, Ill., The Madison St. Clair Record reports. These cases are: -- (Case No. 09-L-1334) Perry M. and Rose Marie Allard of Oregon claim Mr. Allard developed mesothelioma after his work as a machine gunner in the U.S. Guard, as a laborer at Remington Rand, as a patternmaker in the U.S. Navy, as a patternmaker in the U.S. Naval Reserve, as a patternmaker for Consolidated Vultee Aircraft, as a carpenter and maintenance worker for Western Foundry, as a patternmaker for Northwest Marine Iron Works, as a patternmaker for Dependable Pattern Works and as a patternmaker for Northwest Pattern Works. Elizabeth V. Heller, Esq., and Robert Rowland, Esq., of Goldenberg, Heller, Antognoli and Rowland in Edwardsville, Ill., will represent the Allards. -- (Case No. 09-L-1345) Douglas and Margie Berger of Texas claim Mr. Berger developed mesothelioma after his work at Shell Oil Company and at Brown and Root. Allyson M. Romani, Esq., will represent the Bergers. -- (Case No. 09-L-1316) Emily Cradic of Tennessee claims her deceased husband, Carl W. Cradic, developed mesothelioma after his work as a laborer, heavy equipment operator, pipe layer and home remodeler. Robert Phillips, Esq., Perry J. Browder, Esq., and Rosalind M. Robertson, Esq., of Simmons, Browder, Gianaris, Angelides and Barnerd in East Alton, Ill., will represent Mrs. Cradic. -- (Case No. 09-L-1326) Sandra DeMott of Michigan claims her deceased mother, Rose Simmons, developed mesothelioma after her work as a home construction worker and as a coremaker and relief person. Randy L. Gori, Esq., of Gori, Julian and Associates in Alton, Ill., will represent Mrs. DeMott. -- (Case No. 09-L-1335) Willie Eberle of Missouri claims his deceased wife, Meldon Eberle, developed asbestosis after her work as a laborer, miner and painter. Robert Phillips, Esq., Perry J. Browder, Esq., and Rosalind M. Robertson, Esq., of Simmons, Browder, Gianaris, Angelides and Barnerd in East Alton, Ill., will represent Mr. Eberle. -- (Case No. 09-L-1339) Arlene Hardin of Ohio claims her deceased husband, Alby Ray Hardin, developed lung cancer after his work as a boiler tender, laborer and home remodeler. Robert Phillips, Esq., Perry J. Browder, Esq., and Rosalind M. Robertson, Esq., of Simmons, Browder, Gianaris, Angelides and Barnerd in East Alton, Ill., will represent Ms. Hardin. -- (Case No. 09-L-1336) Jeffrey Holderfield of Alabama claims his deceased wife, Bobbie Holderfield, developed lung cancer after her work as a laborer and home remodeler. Robert Phillips, Esq., Perry J. Browder, Esq., and Rosalind M. Robertson, Esq., of Simmons, Browder, Gianaris, Angelides and Barnerd in East Alton, Ill., will represent Mr. Holderfield. -- (Case No. 09-L-1322) Claude J. and Donith Kling of Louisiana claim Mr. Kling developed mesothelioma after his work as a member of the U.S. Army, as a plumber's helper, as a pipefitter helper at Dow Chemical, as an operator for Ormet Corporation and as a member of the Steel Workers and Pipefitter's Local. Elizabeth V. Heller, Esq., and Robert Rowland, Esq., of Goldenberg, Heller, Antognoli and Rowland in Edwardsville, Ill., will represent the Klings. -- (Case No. 09-L-1320) Martha Kuhlman of Alaska claims the recently deceased Franklin Swindle developed lung cancer after his work as a labor operator at Reynolds Metals Company and as a member of the U.S. Navy. Elizabeth V. Heller, Esq., and Robert Rowland, Esq., of Goldenberg, Heller, Antognoli and Rowland in Edwardsville, Ill., will represent Ms. Kuhlman. -- (Case No. 09-L-1325) Denise Maxwell of Florida claims her deceased husband, Stephen Maxwell, developed mesothelioma after his work as a laborer, mechanic and supervisor. Brian J. Cooke, Esq., of Simmons, Browder, Gianaris, Angelides and Barnerd in East Alton, Ill., will represent Mrs. Maxwell. -- (Case No. 09-L-1333) Robert Taylor and Laura Lynne McDonald of Georgia claim Mr. McDonald developed lung cancer after his work as a laborer for LaGrange Ready Mix, as a machine operator for Milliken and Co., as a laborer for Freeman Construction, as a laborer for Brown Steel, as a laborer for Owens Pressure Washing and as a laborer and supervisor for Utility Service Co. Elizabeth V. Heller, Esq., and Robert Rowland, Esq., of Goldenberg, Heller, Antognoli and Rowland in Edwardsville, Ill., will represent the McDonalds. -- (Case No. 09-L-1330) Donald Noe of Illinois, a worker at Pharmacia Corporation (f/k/a Monsanto Company), claims lung cancer. Michael R. Bilbrey, Esq., Timothy P. Hulla, Esq., James R. Stever, Esq., Robert B. Ramsey, Esq., and Michael V. Oltmann, Esq., of the Law Offices of Michael R. Bilbrey in Glen Carbon, Ill., will represent Mr. Noe. -- (Case No. 09-L-1318) Larry O'Neil Jr. of Florida, a laborer and welder, claims lung cancer. Robert Phillips, Esq., Perry J. Browder, Esq., and Rosalind M. Robertson, Esq., of Simmons, Browder, Gianaris, Angelides and Barnerd in East Alton, Ill., will represent Mr. O'Neil. -- (Case No. 09-L-1317) John R. Peterman of Missouri, an assembly line worker and laborer, claims colon cancer. Robert Phillips, Esq., Perry J. Browder, Esq., and Rosalind M. Robertson, Esq., of Simmons, Browder, Gianaris, Angelides and Barnerd in East Alton, Ill., will represent Mr. Peterman. -- (Case No. 09-L-1340) Richard Pierce of Wisconsin claims his deceased uncle, Allen Pierce, developed lung cancer after his work as a boatswain's mate, carpenter, laborer, mechanic and home remodeler. Robert Phillips, Esq., Perry J. Browder, Esq., and Rosalind M. Robertson, Esq., of Simmons, Browder, Gianaris, Angelides and Barnerd in East Alton, Ill., will represent Mr. Pierce. -- (Case No. 09-L-1337) Mary Rivera of California, a laborer and home remodeler, claims mesothelioma. Robert Phillips, Esq., Perry J. Browder, Esq., and Rosalind M. Robertson, Esq., of Simmons, Browder, Gianaris, Angelides and Barnerd in East Alton, Ill., will represent Ms. Rivera. -- (Case No. 09-L-1341) Charles Schroeder of Connecticut, a machinist, foreman, florist and laborer, claims mesothelioma. Christopher R. Guinn, Esq., and Christopher J. Levy, Esq., of Simmons, Browder, Gianaris, Angelides and Barnerd in East Alton, Ill., will represent Mr. Schroeder. -- (Case No. 09-L-1324) Ernie Spencer of Kentucky, a laborer and science teacher, claims mesothelioma. Brian J. Cooke, Esq., of Simmons, Browder, Gianaris, Angelides and Barnerd in East Alton, Ill., will represent Mr. Spencer. -- (Case No. 09-L-1321) Jonathan and Cammi Tolbert of Alabama claim Mr. Tolbert developed lung cancer after his work as a labor operator for Stockholm Valves and Fitting, as a self- employed construction worker, as a construction worker for Prichard Construction, as a welder at Pullman Standard, as a construction worker at Jones Construction and as a labor operator at U.S. Steel Corporation. Elizabeth V. Heller, Esq., and Robert Rowland, Esq., of Goldenberg, Heller, Antognoli and Rowland in Edwardsville, Ill., will represent the Tolberts. -- (Case No. 09-L-1338) Johnny Lee Williams of Alabama, a plumber and laborer, claims lung cancer. Robert Phillips, Esq., Perry J. Browder, Esq., and Rosalind M. Robertson, Esq., of Simmons, Browder, Gianaris, Angelides and Barnerd in East Alton, Ill., will represent Mr. Williams. -- (Case No. 09-L-1315) Horace Young of Illinois, a lab tech, mechanic, laborer, salesman and supervisor, claims bilateral pleural plaques. G. Michael Stewart, Esq., and Jill Price, Esq., of Simmons, Browder, Gianaris, Angelides and Barnerd in East Alton, Ill., will represent Mr. Young. -- (Case No. 09-L-1327) James E. Young of Ohio, the owner of a trucking business, an equipment operator from, an insulation remover and replacer, a shadetree mechanic and a residential construction worker, claims mesothelioma. Randy L. Gori, Esq., of Gori, Julian and Associates in Alton, Ill., will represent Mr. Young. -- (Case No. 09-L-1323) Mary A. Zueck of Illinois claims her deceased husband, Charles A. Zueck, developed colon cancer after his work as a pipefitter at Shell Oil Company. Elizabeth V. Heller, Esq., and Robert Rowland, Esq., of Goldenberg, Heller, Antognoli and Rowland in Edwardsville, Ill., will represent Mrs. Zueck. ASBESTOS UPDATE: Judge Approves Tronox Reorganization on Dec. 22 ---------------------------------------------------------------- On Dec. 22, 2009, a United States judge approved Tronox Inc.'s emergency request to access debtor-in-possession and exit financing provided by Goldman Sachs Group Inc., Reuters reports. The case is styled In re: Tronox Inc, U.S. Bankruptcy Court, Southern District of New York, No. 09-10156. The Company has cancelled a previously scheduled auction for its assets and filed a reorganization plan backed by its bondholders that would allow the Company to exit bankruptcy with a new debt facility and equity financing. Tronox was scheduled to hold an auction on Dec. 21, 2009 for its titanium dioxide plants in the Netherlands and the United States, and a 50 percent joint venture interest in a titanium dioxide plant in Australia and electrolytic production facilities. The Company filed for bankruptcy in January 2009. Under the new reorganization plan, Tronox said it has entered into a credit agreement for a new US$425 million debtor-in-possession financing facility that will repay the Company's outstanding secured debt, including the current DIP financing, the Company said in a statement late on Dec. 20, 2009. Also, the Company's bondholders have committed to inject US$105 million of equity into its balance sheet through a rights offering, it said. All claims related to Tronox's legacy environmental sites will be settled with the U.S. government through creation of environmental remediation trust to which the Company will contribute US$115 million in cash, the Company said. The holders of claims related to potential asbestos, benzene and creosote liabilities against the Company will receive US$7 million in cash as per the reorganization plan, the Company said. ASBESTOS UPDATE: Calif. Local Indicted for Fraudulent Documents --------------------------------------------------------------- LA Testing, a California-based environmental laboratory says that, recently an unnamed Thornton, Calif., man was indicted by a grand jury for issuing certificates to asbestos workers that did not complete proper training, according to an LA Testing press release dated Dec. 22, 2009. According to federal law, anyone involved with removing asbestos from commercial and public buildings, as well as schools must be trained under an Environmental Protection Agency approved program or a state's accredited program. The requirements to become an asbestos worker include: -- A minimum four day (eight hours per day) training course that includes 14 hours of hands on training; -- An individual respirator fit test and a closed-book exam. The indicted individual is accused of not training students for the required amount of time, providing answers to exams and forging tests. He is also accused of providing class rosters to the California Division of Occupational Safety and Health of students that had successfully completed the asbestos course when that was not the case. Federal and state laws requiring training for asbestos workers are meant to ensure that workers and the public are not exposed to dangerous asbestos fibers. ASBESTOS UPDATE: Abatement at Sargeant Street Mill Site Ongoing --------------------------------------------------------------- Asbestos removal continues at a site of the Parsons Paper Co. paper mill, which was gutted by fire, in 84 Sargeant Street at Holyoke, Mass., The Republican reports. On Dec. 18, 2009, Ward 2 Councilor Diosdado Lopez, who represents the area, said "It all depends on how they're going to haul that waste out of there and if it takes beyond April." He said it a day after the U.S. Environmental Protection Agency and the state Department of Environmental Protection held a public hearing to update residents of work at the former Parsons Paper Co. mill. A June 9, 2008 fire caused major damage to the vacant buildings that once housed the Parsons Paper Co. Officials said the asbestos at the site was used in roof shingles, window caulking and tank and pipe insulation. The EPA's Tom Hatzopoulos said that a 10-member crew is working at the site five days a week to identify areas with asbestos, the only substance aside from rubble that was likely to survive the fire, and secure it for removal. Site owner National Vulcanized Fiber Co., of Yorklyn, Del., filed for bankruptcy about four years ago. It owes the city more than US$2.2 million in back taxes and water and sewer bills. The city has filed a claim to recover that money in bankruptcy court, officials said. Officials also will seek reimbursement from National Vulcanized Fiber for the US$1.8 million that the federal government has provided for asbestos removal. A fence has been erected around the site and security guards patrol from 5 p.m. to 6 a.m., officials said. City officials and residents will be informed when crews determine that the bins containing the asbestos debris are ready to be hauled away. Douglas Gutro, special assistant to the regional administrator for the EPA in Boston, said that a traffic plan for that will be submitted to the city. He said the EPA is willing to hold another neighborhood meeting. Mr. Lopez said neighborhood residents should know when and how the asbestos is being removed. ASBESTOS UPDATE: Knowsley Council Appeals Willmore Case Verdict --------------------------------------------------------------- The Liverpool Daily Post, on Dec. 22, 2009, revealed that the Knowsley Council directly approached the Supreme Court of the United Kingdom, requesting leave to appeal against a decision, which awarded GBP240,000 in asbestos-related damages to Dianne Willmore. On Dec. 21, 2009, Mrs. Willmore's legal team condemned Knowsley Council for prolonging the agony of their client's family after it was confirmed the local authority had asked the Supreme Court for permission to appeal against her court victory. The 49-year-old Mrs. Willmore was awarded the damages after convincing a High Court judge in July 2009 that her time as a pupil at the former Bowring Comprehensive School, in Huyton, Merseyside, England, caused her lung cancer. However, the Council took Mrs. Willmore to London's Civil Appeal Court, arguing it had not breached its duty of care and it was not "reasonably practicable" to protect her from asbestos exposure. In October 2009, Mrs. Willmore finally looked to have won her battle when Lord Justice Sedley backed the original decision. However, Mrs. Willmore died the following day after hearing Knowsley Council was weighing up a fresh court bid to overturn the decision. The Council had voiced fears the case could open the floodgates to similar claims across the country. The Court of Appeal has refused to consider an appeal. Confirming the fresh legal challenge, a Knowsley Council spokesman said, "The council has applied for permission to appeal, although this does not necessarily mean that we will do so. "The full judgment is currently being examined and, if permission is granted, the council will make a decision in due course on whether to go ahead with any appeal." Mrs. Willmore, a mother of two, attended Bowring between 1972 and 1978. Her mesothelioma was allegedly brought about by her exposure to asbestos dust released during school building work and chipped tiles in its toilets. Knowsley Council had argued it had not breached its "duty" to Mrs. Willmore and stressed its schools were safe. The Council's legal team said local authorities were likely to face thousands of claims similar to Mrs. Willmore's over the next 40 years, but already find it impossible to obtain public liability insurance against asbestos-related risks. ASBESTOS UPDATE: N.J. Judge Backs Hercules Chem. Reorganization --------------------------------------------------------------- Judge Morris Stern of the U.S. District Bankruptcy Court in Newark, N.J., backed Hercules Chemical Company, Inc.'s Plan of Reorganization on Dec. 22, 2009, The Record reports. The Passaic, N.J.-based Company faced a growing number of lawsuits, more than 15,000 so far, filed by people alleging they were sickened in part by exposure to asbestos in a furnace-lining cement formerly made by Hercules. In August 2008, the weight of the suits forced the company into bankruptcy. CEO David M. Siegal said, "This is a very special moment for Hercules, for its employees. This gives us a future. And we can go back to doing what we do so well, which is produce high quality products." The plan would create a trust fund to handle all current and future asbestos claims against Hercules. The Company would pay US$2.4 million to start the fund and US$3 million for legal fees. Insurance payments would also go to the fund. Court papers show Wachovia Bank will give Hercules a US$2 million line of credit and a US$2.1 million term loan to help it get out of bankruptcy. Attorneys for present and future asbestos claimants said they would have gotten little if Hercules had liquidated. In the decade up to 2008, claimants filed 15,500 asbestos-related cases against Hercules, nearly 60 percent of which were dismissed, court papers say. The documents say the company has settled more than 4,000 suits, paying out US$12 million in settlements and more than US$16 million in legal fees. The company paid US$5,000 in a typical settlement and US$300,000 to US$400,000 for larger cases, said Leonard A. Ruvolo, vice president-finance and administration. Mr. Siegal said that as time went on, some corporate defendants went out of business and others set up trusts to pay settlement payments, prompting attorneys representing asbestos victims began to focus more on smaller companies, such as Hercules. As a result, he said, attorneys representing asbestos victims began to focus more on smaller companies, such as Hercules. The company knew it was only time before a big suit would threaten the company's existence, Mr. Ruvolo said. That case appeared in 2007, when a New York City plumber who contracted mesothelioma filed suit seeking US$7 million in damages, Mr. Ruvolo said. The 42-year-old plumber remembered what products he used and clearly targeted Hercules - unlike other suits in which the Company was one of many defendants, Mr. Ruvolo said. Mr. Ruvolo added, "We knew that if we went into court with that case that there was no way we were going to come out without a settlement of under US$1 million. So we ran for the protection of Chapter 11." ASBESTOS UPDATE: Grand Prairie Police Station Set for Demolition ---------------------------------------------------------------- The old police station in Grand Prairie, Tex., will be demolished in the spring of 2010 due to the presence of asbestos and to pave the way for a new hospital, the Mesothelioma & Asbestos Awareness Center reports. The Grand Prairie City Council and the Parkland Health and Hospital System agreed on the proposed hospital project, which will be co-financed by the City of Grand Prairie and Dallas County, and the land for the new hospital will be repurposed from the old police station. Jim Cummings, city environmental services director, said, "It's served its use. With all the asbestos and adding on, it was just better to demolish it and start over. A health center couldn't be two stories, either. And circulation has to work for a clinic differently than what we had with the police department." The removal of asbestos will be required prior to demolition, in order to keep the material from becoming airborne. ASBESTOS UPDATE: Hazard Released at Aberavon Site Following Fire ---------------------------------------------------------------- A Dec. 23, 2009 fire at the Afan Lido leisure center in Aberavon, Wales, released asbestos in the air, prompting warnings for parents to keep their children away from the "dangerous" site, BBC News reports. Initial assessments of the damage done to the Afan Lido showed previously sealed asbestos had been exposed during the blaze. Earlier, South Wales Police and fire officials said the exact source of the blaze had still to be established. They said, however, there was no evidence of suspicious circumstances. More than 100 firefighters tackled the outbreak, which led to nearby homes being evacuated and roads closed. After the assessment, Neath Port Talboth's chief executive Steve Phillips said the pool hall had been very badly damaged and the concrete structural frame had been affected. Mr. Phillips said, "All the pool features, ceiling and fixtures have been destroyed. Previously sealed asbestos has been exposed in the pool area and the fire debris appears contaminated." Neath Port Talbot council has pledged that the seafront complex will either be replaced or rebuilt. ASBESTOS UPDATE: 50,000 Tons of Waste Uncovered in Italian Site --------------------------------------------------------------- Police found 50,000 tons of hazardous waste, including asbestos, in an illegal landfill in Taranto, Italy, The Times of India reports. On Dec. 22, 2009, a formal complaint was filed against an unnamed individual in connection with the 10,000 square meters dump in Torricella in Taranto province. In 2009, formal complaints have been made against 92 people over 43 illegal landfills discovered in the province. Shady waste disposal firms were planning to conceal 622,000 tons of waste in the illegal dumps. ASBESTOS UPDATE: Appeal Court Affirms Board Ruling in Mills Case ---------------------------------------------------------------- The U.S. Court of Appeals for Veterans Claims affirmed the Sept. 13, 2006 ruling of the Board of Veterans' Appeals, which denied Rosemary T. Mills entitlement to an effective date prior to Aug. 21, 2000, for the grant of VA service connection for the cause of Benjamin E. Mills' death. The case is styled Rosemary T. Mills, Appellant v. Eric K. Shinseki, Secretary of Veterans Affairs, Appellee. Chief Judge Greene entered judgment in Case No. 06-3048 on Oct. 30, 2009. Mr. Mills served in the U.S. Navy from August 1951 to January 1973. He died in August 1991 as a result of cardiovascular failure with contributing causes of metastatic, hepatic carcinoma. In August 1991, Mrs. Mills applied for VA burial benefits. In September 1991, VA denied her claim and she did not appeal that decision. In August 1995, Mrs. Mills sought to reopen her claim for burial benefits and also sought VA dependency and indemnity compensation (DIC) benefits. A VA regional office (RO) denied her claims in April 1996 and she did not appeal. In September 2000, Mrs. Mills again sought DIC benefits. In February 2003, the RO awarded service connection for the cause of Mr. Mills' death and assigned an effective date of September 2000 after finding that his in-service asbestos exposure materially contributed to his death. Mrs. Mills appealed the effective date assigned to the Board, asserting that her award should date back to her August 1995 DIC claim. In September 2006, the Board denied her an earlier effective date after finding that the April 1996 RO decision denying DIC benefits became final and that her claim to reopen was received on Aug. 21, 2000. This appeal followed. ASBESTOS UPDATE: Lent Remand Bid Granted in General Motors Case --------------------------------------------------------------- The U.S. District Court, Northern District of California, granted plaintiffs' motion to remand an asbestos-related filed by Shirley Lent against numerous defendants, including General Motors Corporation (GMC), which is the parent, alter ego, and successor- in-interest to Detroit Diesel Corporation (DDC). The case is styled Shirley Lent, et al., Plaintiffs v. A.W. Chesterton, et al., Defendants. The case was remanded to the Superior Court of California, County of Alameda. U.S. District Judge Phyllis J. Hamilton entered judgment in Case No. C 09-3941 PJH on Oct. 27, 2009. Plaintiffs filed this asbestos personal injury action on June 4, 2008, in the Alameda County Superior Court. Plaintiffs alleged that decedent Frank Lent was exposed to asbestos starting in 1951, and that he died from asbestos-related mesothelioma on Nov. 14, 2008. On Aug. 26, 2009, DDC removed the portion of the action asserting claims against it (DDC Claims), which claimed DDC alleged "are not based on any direct action by DDC, but rather on DDC's former relationship with GMC as a division of GMC." Based on GMC's filing for bankruptcy protection in the U.S. Bankruptcy Court, Southern District of New York, on June 1, 2009 (GMC Bankruptcy Case), DDC alleged that this court had jurisdiction over the DDC Claims. Plaintiffs sought an order remanding the DDC claims to the Alameda County Superior Court. In addition, plaintiffs sought award of fees and costs. Plaintiffs' request for fees and costs was denied. The date for the hearing on plaintiffs' motion, which was previously set for Nov. 4, 2009, was vacated. ASBESTOS UPDATE: PDG Records $5Mil Revenue Reduction at Oct. 31 --------------------------------------------------------------- PDG Environmental, Inc. had a reduction of about US$5 million in revenues from asbestos abatement projects during the three months ended Oct. 31, 2009, as compared to the same period last year, according to the Company's quarterly report filed with the Securities and Exchange Commission on Dec. 23, 2009. During the three months ended Oct. 31, 2009, the Company's contract revenues decreased by 59.1 percent to US$11.5 million compared to US$28.1 million in the three months ended Oct. 31, 2008. The decrease was due, in part, to lower sales volumes as a result of lower capital spending by our customer base driven by difficult economic conditions. PDG Environmental, Inc. provides environmental and specialty contracting services including asbestos and lead abatement, microbial remediation, disaster response, loss mitigation and reconstruction, demolition and related services throughout the United States. The Company is based in Pittsburgh. ASBESTOS UPDATE: "Hidden Killer" Campaign Receives Int'l. Award --------------------------------------------------------------- The Health and Safety Executive's "hidden killer" campaign, which warns tradespeople about the dangers of asbestos, has won an international award, the European Excellence Awards, according to an HSE press release dated Dec. 17, 2009. The "hidden killer" campaign came top in the health category of the European Excellence Awards, held in Vienna, Austria, which honor outstanding achievements in public relations. Around 20 tradesmen a week die in the United Kingdom from asbestos-related diseases and the aim of the campaign, launched in autumn 2008, was to help prevent another generation of plumbers, plasterers, electricians and joiners having their lives cut short. HSE worked with communications agency MS&L to devise the PR campaign which used a football analogy to raise awareness of the numbers of people still dying from asbestos exposure, with ex- England player and former plasterer, Ian Wright, brought on board to spearhead it. The launch was covered by broadcast, print and online media, including the flagship BBC Radio 4 Today program and GMTV. By the end of the campaign, HSE had seen a 100 percent increase in calls to Infoline line and a six-fold increase in page requests on the campaign microsite. Steve Coldrick, HSE's asbestos program director said, "Asbestos remains Britain's biggest workplace killer, but with the perception that it is largely a risk of the past we needed a hard-hitting PR campaign that would capture the imagination of tradesmen, particularly young ones. Using Ian Wright, a former tradesman, ticked all the boxes for us and delivered great results. "We're pleased that our approach has been recognized and commended by experts in the communications industry. The award is a testament to the good working relationship between HSE's communications and asbestos program teams and MSL" The European Excellence Award is one of a number of accolades for HSE's "Hidden Killer" campaign. It was highly commended at the PR Week Awards in October 2009 and shortlisted for a PRCA Award in November 2009. The print advertisements won an ANNA "ad of the week" award (Awards for National Newspaper Advertising) and were nominated for "ad of the year" under the same scheme. The second phase of the campaign has just come to an end with early indications of success. More than 4000 calls were made to Infoline during November 2009 and there were around 200 items of regional coverage. ASBESTOS UPDATE: Abatement at Ogdensburg Museum to Cost $60,000 --------------------------------------------------------------- The cost of asbestos abatement at the porch of the Frederic Remington Art Museum in Ogdensburg, N.Y., is estimated at US$60,000, the Mesothelioma & Asbestos Awareness Center reports. The US$1.5 million dollar price tag on the museum's renovation is more than was previously expected, and the main reason for the increase in the project's cost was the discovery of asbestos at the facility. Early estimates for the entire project were about US$1.2 million. Museum Executive Director Edward A. LaVarnway said, "We've been letting the building tell us what comes next in terms of urgency. "The edge of the roof of the main building, also the roof of the east wing, needs to be restored, but we're waiting to hear. If you look at the profile, it's quite possible there's some bad rafters in there or something. We won't know until we get into it, and that'll be next year." The museum is located in the historic Parish Mansion, built in 1810. The asbestos-laden porch was a later addition, dating back to 1897. The museum has been housed in the mansion since the late 1920s, and currently boasts 27 layers of paint, attesting to the age of the building. It is hoped that the project will be finished in 2011. ASBESTOS UPDATE: Cleanup at Stoneville Gymnasium to Cost $29,000 ---------------------------------------------------------------- The cost to remove asbestos at the former Stoneville Junior High School gymnasium in Stoneville, N.C., is estimated at US$29,000, Mesothelioma.com reports. Local church leaders in Stoneville hope that their dream of building a new community center might soon become reality. Many believe that the former gymnasium might be turned into the "Jacob Dillard Community Development and Enrichment Center." The Rev. Kenneth Moore, pastor of the Sharon Missionary Baptist Church in Stoneville, said, "We have a dream of replacing something that has outlived its usefulness with something that will serve the needs of the community for many years to come." Rev. Moore explained, "The tiles used in the building are made with asbestos. There's also asbestos in the wrappings around the pipes and old boiler." However, the leaders need more than just a US$29,000 investment. All told, it would cost US$80,000 to remove the asbestos and tear down and dispose of the building. ASBESTOS UPDATE: Japan Man's Kin Seeks JPY60M in Case v. Kansai --------------------------------------------------------------- The family of an unnamed man in Osaka, Japan, seeks JPY60 million (US$680,000) in compensation in an asbestos case filed against the man's former employer, fire-protection equipment dealer Kansai Hochiki Engineering, the Mesothelioma & Asbestos Awareness Center reports. In Kansai, the man worked for two decades as maintenance engineer for fire alarms. The family claims that the man was exposed to asbestos on the job, and that the company failed to adequately protect their employee. The family accuses Kansai of neglecting worker safety by allowing the man to work with asbestos in small, confined spaces that were poorly ventilated. The man was diagnosed with lung cancer caused by asbestos in 2005. In 2007, the case was officially designated a work-related illness. ASBESTOS UPDATE: Cleanup at 7 Guam Schools to Cost $1.5M to $2M --------------------------------------------------------------- The Department of Education, in the United States territory of Guam, ordered asbestos abatement at seven schools with price tags ranging from US$1.5 million and US$2 million, Mesothelioma.com reports. Department of Education Safety Administrator Bruce Williams says that the asbestos-laden floor tiles in the schools could have safely stayed where they were. Mr. Williams said that despite the panic caused by the Guam Public School System Health and Safety Task Force, the asbestos- laden tiles were within federal government standards. According to the U.S. Environmental Protection Agency's National Emission Standards for Hazardous Air Pollutants, "Removal is often not a school district's or other building owner's best course of action to reduce asbestos exposure. In fact, an improper removal can create a dangerous situation where none previously existed." ASBESTOS UPDATE: Warrington Pensioner's Death Linked to Exposure ---------------------------------------------------------------- A Dec. 23, 2009 inquest at the Warrington Coroner's Court heard that the death of Eric Jones, a pensioner from Woolston, Warrington, England, was linked to workplace exposure to asbestos, This Is Cheshire reports. Mr. Jones died in March 14, 2009 at the age of 71 from mesothelioma. As a teenager, he had worked at a Warrington cotton mill for Armitage and Rigby, a now defunct company. Part of his role as an apprentice fitter was to repair steam pipes attached to boilers. Mr. Jones would use a hammer to dislodge pipes in need of repair. This caused clouds of asbestos fiber and dust to fill the air. Mr. Jones was not exposed to asbestos in his later working life which eventually saw him retire as an inspection officer in 2005. ASBESTOS UPDATE: DEP's Inquiry on Summerlin's Contractor Ongoing ---------------------------------------------------------------- The Department of Environmental Protection is investigating projects by Posen Construction, the company responsible for the work on the Summerlin overpass in Fort Myers, Fla., Mesothelioma.com reports. Posen is known for breaching asbestos laws, and the DEP's investigation aims to uncover the scope of these past asbestos violations. The investigation will determine if asbestos was used in Posen's building materials, which could explain how the asbestos-tainted fill material ended up at the Summerlin site. Rhonda Haag, outreach manager for DEP's Fort Myers office, said a "handful" of Posen's former projects were being investigated. In January 2008, Posen paid a US$6,500 penalty after asbestos was discovered at one of its material disposal sites. Now, because of the recent concerns surrounding their work, Posen will no longer be able to bid on projects in Lee County, Fla., according to Commissioner Bob Janes, who simply stated, "We can't put up with that." ASBESTOS UPDATE: Cumbria Homeowners At Risk of Asbestos Exposure ---------------------------------------------------------------- Barry Graham, an asbestos specialist for insulation firm West Coast Thermal in Workington, Cumbria, England, said people renovating their flood-ruined homes in Cumbria could be at risk of coming into contact with asbestos, News & Star reports. Mr. Graham said, "With so many damaged properties in Keswick, Cockermouth and Workington, it is even more important to ensure tradesmen and property owners are not putting their lives at unnecessary risk. "Anyone working on property built before 2000 could be exposed to asbestos without realizing it and there are 4,000 people who still die every year of asbestos-related illnesses." More than 360 Cumbrian men died from asbestos related disease mesotheliom between 1981 and 2005. Mr. Graham added, "All business premises should now have an asbestos survey/register which will be a great help to tradesmen working on the property. This is intended to safeguard employees as well as tradesmen but does not apply to domestic property." ASBESTOS UPDATE: Inquest Rules on Gloucestershire Worker's Death ---------------------------------------------------------------- An inquest found that the death of John Symonds, a former factory worker from Coleford, Gloucestershire, England, was related to asbestos, The Forester reports. On Jan. 23, 3009, Mr. Symonds died at the age of 50 due to industrial disease. His mother, Elsie Symonds, told Gloucestershire Coroner Alan Crickmore he went to work for Lydbrook Building when he left school as an apprentice carpenter and joiner. Mr. Symonds was then employed by Earnest Heal and Sons, and most recently he worked for Gloucester City Council. Mrs. Symonds said, "He started feeling breathless in 2006, and eventually, a biopsy showed that he had malignant mesothelioma and he was told his life expectancy was not good." Dr. Crickmore recorded a verdict of death as a result of an industrial disease. ASBESTOS UPDATE: Second-Hand Exposure Linked to Barclay's Death --------------------------------------------------------------- A Dec. 16, 2009 inquest in Norwich, England, was told the death of 65-year-old Janet Barclay, who had helped her husband renovate houses and regularly washed his work clothes, was linked to second-hand exposure to asbestos, Lynn News reports. Mrs. Barclay died on Dec. 14, 2009 and evidence of identification was given by her son, Paul. Greater Norfolk coroner William Armstrong recorded that Mrs. Barclay, of Wimbotsham, Norfolk, England, died from mesothelioma due to exposure to asbestos. The inquest heard that Mrs. Barclay and her late husband, who also died from an asbestos-related condition in 1997, used to run a business together renovating houses. Mr. Barclay was also a pipe lagger. Mr. Armstrong said, "Mrs. Barclay was regularly helping her husband pull down ceilings and roofs and told her children not to go near their clothes because of asbestos dust." ASBESTOS UPDATE: Hazard Uncovered at Shangri-La Lodge in Alberta ---------------------------------------------------------------- Asbestos was found during the renovation of the Shangri-La Lodge in Brazeau County, Alberta, Canada, the Western Review reports. The renovation project, which started in December 2009, is anticipated to be finished by June 2011. Stella Keller, the chief administrative officer for the Brazeau Seniors Foundation, said the foundation had a feeling the stuff would be found, but were hoping it would not be an issue. The discovery was made because of planned changes to the lodge's sprinkler system. This means that most of the building has subsequently been tested for the substance and most has proven to be asbestos free. Ms. Keller says the asbestos is mostly located in the portion of the building that dates back to the 1970s. In the 1980s, there were renovations done to the building and as a result those areas are free of asbestos. ASBESTOS UPDATE: Court Denies Flintkote's Summary Judgment Move --------------------------------------------------------------- The U.S. District Court, Northern District of California, denied The Flintkote Company's motion for summary judgment in the case styled The Flintkote Company, Plaintiff v. General Accident Assurance Company of Canada, et al., Defendants. District Judge Marilyn Hall Patel entered judgment in Case No. C 04-01827 MHP on Oct. 29, 2009. In this action, which was filed in May 2004, Flintkote alleged that Aviva Insurance Company of Canada, the successor-in-interest to General Accident Assurance Company of Canada, failed to defend or indemnify Flintkote for claims covered under a primary insurance policy. The Court has found that Aviva violated its contractual obligations to Flintkote. In addition to breach of contract, Flintkote alleged that Aviva's conduct has violated the policy's implied covenant of good faith and fair dealing. Flintkote, presently headquartered in San Francisco, is a company that formerly mined and sold asbestos and asbestos-based products. Aviva, based in Toronto, is the successor-in-interest to General Accident, which issued general liability policies to two Flintkote Canadian subsidiaries: The Flintkote Company of Canada Limited and The Flintkote Mines Limited. In 2004, Flintkote sought bankruptcy protection as a result of the large volume of asbestos-related litigation that arose in response to findings that exposure to asbestos fibers can have severe long-term health consequences. Flintkote brought the present action in order to obtain declaratory relief related to the scope of coverage under its policy with Aviva as well as indemnification for money paid out as a result of past litigation. Flintkote filed the instant motion for summary judgment in Aug. 31, 2009, arguing that Aviva breached the policy in bad faith as a matter of law. Oral argument was heard on Oct. 7, 2009. ASBESTOS UPDATE: District Court Grants Stephens' Move to Remand --------------------------------------------------------------- The U.S. District Court, Southern District of Illinois, granted Michael L. Stephens' Motion to Remand an asbestos lawsuit filed against A.W. Chesterton, Inc. and other defendants. The case is styled Michael L. Stephens, Individually and as Executor of the Estate of John M. Stephens, Deceased, Plaintiff v. A.W. Chesterton, Inc., et al., Defendants. District Judge Murphy entered judgment in Civil Action No. 09- 633-GPM on Oct. 22, 2009. This matter was before the Court on the motion for remand to state court brought by Michael L. Stephens, individually and as executor of the estate of John M. Stephens, deceased. In this case, Michael Stephens sought damages under the Illinois Wrongful Death Act, the Illinois Survival Act, and the Illinois Rights of Married Persons Act, in connection with the death of John Stephens from mesothelioma allegedly caused by exposure to asbestos. Michael Stephens brought suit originally in the Circuit Court of the Third Judicial Circuit, Madison County, Ill., and Defendant Foster Wheeler Energy Corporation, which was sued individually and as successor-in-interest to C.H. Wheeler, had removed the case to this Court. To conclude, Michael Stephens' motion to remand was granted. This case was remanded to the Circuit Court of the Third Judicial Circuit, Madison County, Ill., for lack of federal subject matter jurisdiction. ASBESTOS UPDATE: Appeal Court Affirms Dismissal of Lee's Lawsuit ---------------------------------------------------------------- The U.S. Court of Appeals, Sixth Circuit, affirmed the ruling of the U.S. District Court for the Western District of Kentucky, which dismissed Sharetta L. Lee's personal injury claims against the Pritchards and Louisville Gas & Electric Company. The case is styled Sharetta L. Lee, for herself and as next friend of her children, SLG, CLG, LLG, LL, and LL, Plaintiff- Appellant v. A & W Pritchard Enterprises, Inc.; Walter Pritchard; Alfreda Pritchard; Louisville Gas & Electric Company, now known as E.On, Defendants-Appellees. Judges Gibbons, McKeague, and Milton I. Shadur entered judgment in Case No. 08-5354. Sharetta L. Lee, a Kentucky resident proceeding pro se, appealed the district court order dismissing some of her housing discrimination and tort claims and remanding the remaining claims to state court. On Sept. 6, 2007, Charles Green, who was not a party to this appeal, and Mrs. Lee filed a complaint in state court against A & W Pritchard Enterprises, Inc., Walter Pritchard, and Alfreda Pritchard (the Pritchards); the Louisville-Jefferson County Metro Government Department of Inspections, Permits, and Licenses (IPL); Louisville Gas and Electric (LGE); and the Secretary of the United States Department of Housing and Urban Development (HUD), who removed the action to the district court. The complaint alleged that the plaintiffs were exposed to carbon monoxide, mold, asbestos, and other harmful substances in their rental home, resulting in emotional distress and significant health problems. The suit also alleged that the Pritchards discriminated against the plaintiffs based on their disabilities, in violation of the Fair Housing Act (FHA). IPL filed a motion to dismiss, asserting that it was not an entity capable of being sued because it did not have a legal identity separate from the Louisville-Jefferson County Metro Government, which was shielded from suit by sovereign immunity. HUD also filed a motion to dismiss. On Dec. 20, 2007, the district court granted HUD's motion to dismiss, denied the plaintiffs' motion for leave to add Metro Government to the complaint, and dismissed "[a]ll claims against Metro Government." After a scheduling conference on Feb. 29, 2008, the district court dismissed with prejudice the plaintiffs' personal injury claims against the Pritchards and LGE, concluding that they were barred by the applicable statute of limitations. Mrs. Lee now appealed. The Appeals Court affirmed the district court's dismissal of Mrs. Lee's personal injury claims against the Pritchards and LGE; vacated its dismissal of her discrimination claim against the Pritchards and remanded for further proceedings on that claim; and denied her motion for the appointment of counsel. ASBESTOS UPDATE: Hino Motors Ltd. to Recall Tainted Auto Parts -------------------------------------------------------------- Hino Motors Ltd. will recall asbestos-contaminated automobile parts sold after the Japanese Government banned asbestos and its uses, Bloomberg.com reports. The Company said that the parts were sold from September 2006, when the Japanese government prohibited the use of asbestos. Hino Motors, Ltd. manufactures medium- and heavy-duty diesel trucks, buses, special-purpose vehicles, and industrial and marine diesel engines. The Company is based in Hino, Tokyo, Japan. ASBESTOS UPDATE: Asbestos Found in Vinyl Tiles of Totnes Library ---------------------------------------------------------------- Low levels of asbestos are contained in the decades-old vinyl tiles of the Totnes Library in Totnes, England, the Herald Express reports. Four years ago, the Devon County Council spent GBP5,000 on mobile shelving so that books could be rolled to one side and the library could be used as a more flexible community space. However, there are concerns the movement is damaging the asbestos vinyl tiles. A County Council spokesman said, "As is common with many buildings of the library's age, floor tiles often contain very low levels of asbestos and this is true of the current library in Totnes. "These vinyl tiles were covered for protection before carpet tiles were laid when the council took on the building, from its former use as a cinema." The problem over the shelving was highlighted by the Friends of Totnes Library, a group which was set up to fight for better facilities at the High Street library. The Friends spokesman said once the new shelving was in it was hoped to be able to hold fundraising film nights in what was once a Totnes cinema. ASBESTOS UPDATE: Israel Gov't. Orders Abatement at Ketziyot Base ---------------------------------------------------------------- On Dec. 29, 2009, Israel's Environmental Protection Ministry ordered OC Southern Command Major General Yoav Galant to clean up the asbestos at the Ketziyot army base, The Jerusalem Post reports. The Ministry said that the Israel Defense Forces had been neglecting its cleanup responsibilities for a long time, despite repeated demands. ASBESTOS UPDATE: Hamp's Firms Fined $40,000 for Cleanup Breaches ---------------------------------------------------------------- Charlie Hampton of Hamp's Enterprises, LLC and Hamp's Construction, LLC were fined a total of US$40,000 for asbestos- related violations in Baton Rouge, La., the Mesothelioma & Asbestos Awareness Center reports. Mr. Hampton was ordered to clean up his illegal dumping site in New Orleans after pleading guilty to disposing of waste in a wetland area. He was arrested in April 2009 on charges on falsifying asbestos inspection certifications, particularly Asbestos Notification of Demolitions and Renovation forms. The Department of Environmental Quality's Criminal Investigation Division investigated the case. The DEQ caught trucks operated by Mr. Hampton and Hamp's Construction in the act of dumping construction debris. Harold Leggett, DEQ Secretary, said, "The Almonaster Corridor in New Orleans East has been a historic dumping site since before DEQ even existed. It will take continuing and vigilant efforts by DEQ, local and federal agencies to end illegal dumping and other illegal activities in this area." ASBESTOS UPDATE: Midland Hotel Fined $33T for Cleanup Violations ---------------------------------------------------------------- The Massachusetts Department of Environmental Protection penalized Midland Hotel Corporation US$33,100 for asbestos violations found during inspections of its One Newbury Street, Peabody, Mass., and 55 Ariadne Road, Dedham, Mass., facilities, according to a MassDEP press release dated Dec. 29, 2009. Richard Chalpin, director of MassDEP's Northeast Regional Office in Wilmington, Mass., said, "There was a failure to identify asbestos-containing material prior to the renovations being made and a failure to notify MassDEP. "As a result, no precautions were taken to prevent asbestos particles and asbestos-containing material from becoming airborne. Businesses and contractors need to be vigilant about prevention to protect the public and their workers from being exposed to asbestos and asbestos-containing materials." On Sept. 10, 2008, MassDEP inspected Midland's Peabody facility after receiving a complaint, and found broken pieces of asbestos- containing floor tiles on the main level that were being removed by a power scraper. Work was also being done drilling holes through textured paint that contained asbestos in the stairwells of the third floor. On Sept. 28, 2008, MassDEP inspected the Company's Dedham facility and found asbestos-containing paints and mastics (or adhesives) had been improperly removed during the recent installation of a sprinkler system. After the inspections and violations were called to its attention, Midland Hotel Corporation worked with MassDEP to ensure that the asbestos-containing materials that were identified during the investigation were properly packaged and disposed. MassDEP has agreed to suspend US$23,100 of the penalty provided the Company fully complies with the regulations for at least one year. ASBESTOS UPDATE: Bestoff Services Banned from Asbestos Work ----------------------------------------------------------- Bestoff Services Ltd, an asbestos removal contractor, was banned from working with asbestos after the Health and Safety Executive revoked its license, according to an HSE press release dated Nov. 25, 2009. Bestoff, of 1 Lane End, West Hyde, Rickmansworth, England, has now returned its license to carry out work with asbestos following two serious safety breaches, including one criminal offence. A hearing to consider the firm's safety failings was told how inspectors from the HSE: -- Successfully prosecuted the firm in March 2009 after a survey it carried out failed to spot asbestos in a building and two workmen were exposed to asbestos fibers. Bestoff Services was fined GBP3,000 and ordered to pay costs of GBP2,091.70. -- Uncovered further evidence of health and safety offences following the prosecution and had to issue a prohibition notice preventing asbestos removal work from continuing at Victoria Hospital, Swindon. Greg Haywood, head of HSE's asbestos licensing unit, said, "Bestoff Services fell a long way short of the standards of professionalism and safety that we demand of licensed removal contractors, and because of their failings they are now banned from working with asbestos. "HSE will not hesitate to revoke licenses to work with asbestos where contractors' performance falls short. It is essential that license holders apply the highest possible controls with effective leadership and management. "Asbestos is Britain's biggest industrial killer and claims more than 4,000 lives a year - more than die in road accidents. If work is not carried out safely, workers can and are exposed to deadly airborne fibres that can cut short their life." Bestoff has not appealed the unanimous decision by the license review board of HSE's asbestos licensing unit to revoke its license under Regulation 8(5) of the Control of Asbestos Regulations 2006. The board judged that the performance of Bestoff Services Ltd represented a serious deviation from the standards required of license holders, as set out in the approved code of practice. ASBESTOS UPDATE: Olsen Suit v. NBC Studios, Others Filed Dec. 31 ---------------------------------------------------------------- An asbestos lawsuit filed on Dec. 31, 2009 by Merlin and Susan Olsen against NBC Studios and other companies is pending in the Los Angeles County Superior Court, TMZ reports. The Olsens are suing for unspecified damages. Other defendants include NBC Universal Inc., Twentieth Century Fox Film Corporation, The Sherwin-Williams Company, Lennox Industries and other companies. The suit says Mr. Olsen developed mesothelioma as a result of being negligently exposed to asbestos. Mr. Olsen, who became famous as a member of the Los Angeles Rams and as a sportscaster, actor and spokesperson for FTD Florists, was diagnosed with mesothelioma a few months ago. The suit says Mr. Olsen worked after school doing manual labor when he was 10 or 11 years old and was exposed to asbestos. He claims he was exposed to asbestos later in life when he was doing drywall. He also worked at NBC and 20th Century FOX and is alleging those companies negligently exposed him to asbestos. Mr. Olsen claims in the suit that all of the defendants, "were engaged in the business of manufacturing, fabricating, designing, assembling, distributing, leasing, buying, selling, inspecting, servicing, installing, repairing, marketing, warranting and advertising a certain substance the generic name of which is asbestos." ASBESTOS UPDATE: BoRit Superfund Site Remediation Ongoing in Pa. ---------------------------------------------------------------- The U.S. Environmental Protection Agency is continuing Phase II of the asbestos cleanup process at the BoRit Superfund site in Ambler, Pa., The Times Herald reports. The cleanup is expected to be completed in late January 2010 pending no major weather delays. According to a removal program update prepared by the EPA, Phase II (which began in September 2009) of the project encompasses the stabilization of the Rose Valley Creek stream banks between Whitpain Park and the reservoir to "address the short-term, potential risk" at the site. The EPA has been placing cable-concrete mats on the streambed and along the stream banks to prevent erosion of asbestos-containing materials into the water. Additionally, the creek has been widened during the removal action. According to the EPA update, crews then built a 100-foot retaining wall near the Rose Valley headwall. The retaining wall will provide additional support to the reservoir berm in response to the creek widening. Another component of the work at the Rose Valley Creek site has been the removal of a large amount of debris, some of which contained asbestos. As of Nov. 20, 2009, the EPA had removed about 1,250 tons of ACM and organic debris to a landfill, according to the BoRit Web site. About 7,085 cubic yards of clean fill has also been delivered to the site. The Rose Valley Creek is the second area to receive removal action in 2009 after the EPA completed the removal process along the Wissahickon Creek in the spring in Phase I. ASBESTOS UPDATE: Pullen Suit v. 66 Firms Filed in Kanawha County ---------------------------------------------------------------- Richard H. Pullen and Rebecca Pullen, on Nov. 25, 2009, filed an asbestos-related lawsuit against 66 defendant corporations in Kanawha County Circuit Court, W.Va., The West Virginia Record reports. Mr. Pullen is suffering from asbestosis and mesothelioma. The suit claims the 55 companies are at fault for exposing Mr. Pullen to asbestos and other harmful materials contained in products manufactured, supplies and sold by them. The Pullens claim the 66 companies failed to exercise reasonable care to warn Mr. Pullen of the danger to which he was exposed by use of the asbestos-containing products and other materials in the defendant's products. The Pullens seek damages above the court's jurisdictional minimum. David P. Chervenick, Esq., and Bruce E. Mattock, Esq., Lee W. Davis, Esq., and Scott S. Segal, Esq., represent the Pullens. Kanawha Circuit Court Case No. 09-C-2189 has been assigned to a visiting judge. ASBESTOS UPDATE: Desler Asbestos Trial to Resume Jan. 11 in Ore. ---------------------------------------------------------------- Judge Rick McCormick decided to continue an asbestos lawsuit filed against a Eugene, Ore.-based developer, Dan Desler, in Jan. 11, 2010, the Mesothelioma & Asbestos Awareness Center reports. Mr. Desler has been charged with crimes related to asbestos air pollution. He and his company, Western States Land Reliance Trust, have been fined by the state Department of Environmental Quality over asbestos violations at a site in Sweet Home, Ore. In April 2009, Mr. Desler was arrested on multiple felony air pollution charges, stemming from his alleged handling of asbestos-related material at the site. He faces seven counts of first-degree air pollution. In addition, Mr. Desler must also answer to three counts of second-degree air pollution, supplying false information and reckless endangerment. Mr. Desler was attempting to do work on the Sweet Home site, but stopped work in 2007 after the 153-acre property was found to contain asbestos. At this point, he stopped work, but left the asbestos-tainted debris uncovered on the site. The Sweet Home site was cleaned up earlier in December 2009 by the U.S. Environmental Protection Agency, and a grand total of four million pounds of asbestos-contaminated debris was hauled away from the site. ASBESTOS UPDATE: South Berwick to Get $200T Grant for Abatement --------------------------------------------------------------- The town of South Berwick, Maine, could receive a US$200,000 grant through the Southern Maine Regional Planning Commission to remove asbestos and mold from the former St. Michael's Church, Seacoastonline.com reports. The former church is expected to be the home of the town's new library. SMRPC executive director Paul Schumacher said town officials should know "within a month" whether it will receive the grant. The money is passed through from the federal Department of Environmental Protection's Browfields Cleanup Subgrant Program, which is used to clean up environmental hazards. Mr. Schumacher said SMRPC has US$1.6 million in Brownfields funds, but most is used for low-interest loans. About US$360,000 is available for outright grant. Town Manager John Schempf said that the grant mandates a 20 percent match, which will be funded through in-kind service, town labor. The money will be used to remove asbestos and other material from the former church. Mr. Schumacher said there was some question whether the mold would be covered by the grant, but U.S. Environmental Protection Agency staff has since said the money could be used to remove the mold. ASBESTOS UPDATE: Century Bid for Discovery OK'd in Allstate Case ---------------------------------------------------------------- The U.S. District Court, Eastern District of Pennsylvania, granted Century Indemnity Company's motion for continuance and additional discovery in a case filed by Allstate Insurance Company. The case is styled Allstate Insurance Company, as successor-in- interest to Northbrook Excess and Surplus Insurance Company, formerly Northbrook Insurance Company, Plaintiff v. Century Indemnity Company, as successor to CCI Insurance Company, as successor to Cigna Specialty Insurance Company, formerly known as California Union Insurance Company; and Greater New York Mutual Insurance Company, Defendants. U.S. District Judge Rufe entered judgment in Civil Action No. Civil No. 06-4373 on Oct. 29, 2009. On April 15, 2009, Allstate filed a Motion for Summary Judgment against Century and Greater New York Mutual Insurance Company (GNY). On May 22, 2009, Century filed a Brief Opposing Allstate's Summary Judgment and Supporting Century's Cross-Motions. In its opposition brief, Century moved for a continuance and additional discovery. Century's motion for a continuance and additional discovery was granted. The claims between Allstate, Century, and GNY arose out of a settlement reached between Allstate and its insured, Arkema, Inc. Allstate originally issued quota share excess insurance to Arkema's predecessor, J.F. Jelenko, from Jan. 1, 1977 to Jan. 1, 1983. Century issued excess insurance to J.F. Jelenko from Jan. 1, 1979 to Jan. 1, 1980, and retained a 40 percent quota share of the same layer during the 1979-1980 policy periods. Allstate retained 60 percent during that period). GNY issued the underlying primary insurance to J.F. Jelenko from Aug. 14, 1969 to Aug. 14, 1975. The insured manufactured asbestos-containing dental products, and the underlying claimants alleged exposure to the asbestos contained in dental products during the parties' respective policy periods (1969-1983). The underlying claims consisted of both products liability claims and premises liability claims. On April 1, 2004, Arkema filed a complaint against Allstate, Employers of Wausau, and Employers' Insurance Company in the Eastern District of Pennsylvania seeking a declaratory judgment as to the rights and obligation of each insurer regarding Arkema's asbestos liabilities. From June 15, 2004 through Sept. 15, 2006, the court issued multiple orders staying the litigation to permit the parties to negotiate a settlement. Allstate and Arkema negotiated a settlement of Arkema's asbestos liabilities under a coverage-in- place agreement (CIP). As of April 15, 2009, Allstate has paid US$1,575,000 in indemnity and US$183,294 in defense under the CIP. The court dismissed the underlying declaratory judgment action without prejudice on Sept. 22, 2006. On Oct. 2, 2006, Allstate filed a Complaint against Century and GNY seeking declaratory relief and contribution from each defendant. On Dec. 21, 2006, GNY filed its Answer and a Cross- Claim against Century. On June 20, 2007, Century filed its Answer and a Cross-Claim against GNY. Under the Amended Scheduling Order dated May 21, 2008, the Court directed the parties to complete fact discovery by Oct. 15, 2008. According to both parties' pleadings, the discovery deadline was extended thereafter until Feb. 15, 2009. On April 15, 2009, Allstate filed a Motion for Summary Judgment against Century and GNY. In response, Century filed a Brief in Opposition to Allstate's Motion for Summary Judgment and supporting affidavit. Andrew K. Craig, Esq., David L. Menzel, Esq., of Michael J. Jones Cuyler Burk, Llp, in Parsippany, N.J., represented Allstate. Brian G. Fox, Esq., Victoria J. Airgood, Esq., of Mt. Laurel, N.J., Bruce E. Barrett, Esq., Margolis Edelstein, Esq., of Westmont, N.J., represented the Defendants. ASBESTOS UPDATE: Supreme Court Affirms Dismissal of Foley Action ---------------------------------------------------------------- The Supreme Court of Delaware upheld the ruling of the Superior Court of the State of Delaware in and for New Castle County, which dismissed an asbestos lawsuit filed by Virginia Foley against various defendants. The case is styled Virginia Foley, Plaintiff Below, Appellant v. Washington Group International, Inc., as Successor to Raytheon Constructors, Inc., as Successor to UE & C-Catalytic, Inc., as Successor to Catalytic Inc., as Successor to Catalytic Construction Company, and 4520 Corp., Inc., Successor-In-Interest to Blount Development Corp., Mocenplaza Development Corp. and Benjamin F. Shaw Company, Defendants Below, Appellees. Justices Holland, Carolyn Berger and Jacobs entered judgment in Case No. 511, 2009 on Nov. 4, 2009. In July 2007, Ms. Foley brought an asbestos-related personal injury complaint in the Superior Court. She named dozens of defendants in the complaint. On June 11, 2009, the Superior Court granted summary judgment to defendants Washington Group and 4520 Corp. On June 19, 2009, Ms. Foley settled her claims against the remaining defendants. On July 24, 2009, the Superior Court entered its June 11, 2009 judgment as a final judgment. On Aug. 4, 2009, the Superior Court entered a "final order as to all defendants." On Sept. 1, 2009, Ms. Foley filed a notice of appeal from the Superior Court's order of Aug. 4, 2009. She named Washington and 4520 as appellees. Washington and 4520 filed a motion to dismiss Ms. Foley's appeal on the basis that it was filed more than 30 days after the July 24, 2009 order. She opposed dismissal, arguing that the July 24, 2009 order was not a final judgment as to all defendants. The motion to dismiss was granted and Ms. Foley's appeal was dismissed. ASBESTOS UPDATE: District Court Junks Remand Bid in Gilbert Case ---------------------------------------------------------------- The U.S. District Court, Northern District of New York, denied Joseph W. and Betty Gilbert's Motion to Remand an asbestos- related case filed against Detroit Corporation (DDC) and other defendants. The case is styled Joseph W. Gilbert and Betty Gilbert, Plaintiffs v. Agco Corporation, et al., Defendants. Senior District Judge Thomas J. McAvoy entered judgment in Case No. 1:09-cv-962 on Oct. 30, 2009. The Detroit Diesel Division of General Motors was founded in 1938. In 1970, the Detroit Diesel Division and the Allison Division of General Motors Corporation (GM) merged to form the Detroit Diesel-Allison Division of GM. These divisions manufactured Detroit Diesel engines. Mr. Gilbert worked with or around Detroit Diesel engines from 1966 through 1975. On Jan. 1, 1988, certain of these assets (but none of the liabilities) of the Detroit Diesel-Allison Division of GM were sold to a joint venture between GM and the Penske Corporation. This joint venture became Defendant DDC. Originally, Penske owned 60 percent of DDC and GM owned 40 percent. In 1989, Penske became owner of 80 percent of DDC. In 1998, Daimler-Benz purchased the remaining 20 percent of DDC. In 2000, Daimler Chrysler acquired the remaining 80 percent of DDC. Thus, at all times relevant to Mr. Gilbert's injury, Defendant DDC was not in existence. In February 2008, the Gilberts commenced a state court personal injury action alleging injuries as the result of exposure to asbestos. In August 2008, the state court complaint was amended to include claims against DDC, individually and as a subsidiary of GM. On June 1, 2009, GM filed for bankruptcy protection in the U.S. Bankruptcy Court, Southern District of New York. On Aug. 26, 2009, about 87 days after the bankruptcy filing, DDC filed a notice of removal in this Court. The Gilberts now moved to remand this matter on the ground that the removal was untimely and the Court lacked subject matter jurisdiction. ASBESTOS UPDATE: La. Appeal Court Affirms Writ in Henry Lawsuit --------------------------------------------------------------- The Court of Appeal of Louisiana, Third Circuit, granted Pulmosan Safety Equipment Company's writ application in an asbestos lawsuit styled Clarence Henry, et al. v. SBA Shipyard, Inc., et al. Judges Ulysses Gene Thibodeaux, Sylvia R. Cooks, John D. Saunders, Oswald A. Decuir, Jimmie C. Peters, Marc T. Amy, Michael G. Sullivan, Elizabeth A. Pickett, Billy H. Ezell, J. David Painter, James T. Genovese and Shannon J. Gremillion entered judgment in Case No. CW 09-426 on Nov. 10, 2009. Judges Cooks, Saunders and Gremillion filed dissenting opinions. Pulmosan Safety Equipment Company sought supervisory writs from the judgment of the Thirty-First Judicial District Court, Parish of Jefferson Davis, which denied Pulmosan's motion to dismiss on the grounds of abandonment. Eight plaintiffs filed suit alleging that they sustained injuries as a result of having been exposed to asbestos and silica while working at SBA Shipyard, Inc. Pulmosan was named as one of the numerous defendants. Several supplemental and amending petitions were filed, including the Sixth Supplemental and Amending Petition wherein Mississippi Valley Silica Company, Inc. was added as a defendant on Dec. 4, 2002. On March 28, 2003, Mississippi Valley filed its answer to the suit. No further action was taken in this case until Dec. 4, 2006, when Plaintiff propounded discovery to one of the defendants, U.S. Silica of Louisiana, Inc. Before Pulmosan was served as a party in this case, its co- defendants, U.S. Silica and Mississippi Valley, filed motions to have plaintiffs' case dismissed for abandonment. After the trial court denied these motions, Pulmosan became involved in the lawsuit and also moved to have the plaintiffs' claims dismissed for abandonment. The trial court denied the motion, and Pulmosan sought review of that ruling. This court denied the application for supervisory writs in an unpublished writ disposition on June 2, 2009. On July 9, 2009, the Supreme Court remanded the case to this court for an en banc hearing. For these reasons, the Appeal Court found that the trial court erred in denying Pulmosan's motion to dismiss the plaintiff's claims for abandonment. The Appeal Court reversed and set aside the ruling of the trial court, which denied Pulmosan's motion to dismiss and render judgment in favor of it. The claims against Pulmosan were dismissed with prejudice at the plaintiffs' cost. The writ application was therefore granted and made peremptory. Scott R. Bickford, Esq., Regina O. Matthews, Esq., Lawrence J. Centola, III, Esq., of Martzell & Bickford in New Orleans, La., represented Plaintiff-Respondent, Henry Wise. Darrell Keith Cherry, Esq., of Deutsch, Kerrigan & Stiles in New Orleans, La., represented Defendant-Applicant, Pulmosan Safety Equipment Co. ASBESTOS UPDATE: Consolidated Action v. Viasystems Filed Dec. 2 --------------------------------------------------------------- Viasystems Group, Inc. says that, on or before Dec. 2, 2009, plaintiffs filed a Consolidated Amended Class Action Complaint, involving asbestos, in which the Company is a defendant. Merix Corporation, its board of directors and the Company are named as defendants in two putative class action lawsuits brought by alleged Merix stockholders challenging Merix's proposed Merger with the Company. The stockholder actions were both filed in the Circuit Court of the State of Oregon, County of Multnomah. The actions are called Asbestos Workers Philadelphia Pension Fund v. Merix Corporation, et al., filed Oct. 9, 2009, Case No. 0910- 14399 and W. Donald Wybert v. Merix Corporation, et. al., filed on or about Nov. 5, 2009. Both stockholder actions generally allege that: -- Each member of the Merix board of directors breached his fiduciary duties to Merix and its stockholders by authorizing the sale of Merix to the Company, -- The Merger does not maximize value to Merix stockholders and -- The Company and Merix aided and abetted the breaches of fiduciary duty allegedly committed by the members of the Merix board of directors. The stockholder actions seek class action certification and equitable relief, including judgments enjoining the defendants from consummating the Merger on the agreed-upon terms. On Nov. 23, 2009, the court entered an order consolidating the cases into one matter. On or about Dec. 2, 2009, the plaintiffs filed a Consolidated Amended Class Action Complaint, which substantially repeats the allegations of the original complaints, adds Merger Sub as a defendant and also alleges that Merix did not make sufficient disclosures regarding the Merger. Viasystems Group, Inc. provides complex multi-layer printed circuit boards (PCBs) and electro-mechanical solutions (E-M Solutions). The Company is based in St. Louis. ASBESTOS UPDATE: Alvaston Joiner Death Linked to Hazard Exposure ---------------------------------------------------------------- David Hartley, a joiner from Alvaston, England, died of mesothelioma at the age of 57, Asbestos.Net reports. Mr. Hartley had worked with asbestos sheets for years. He had worked at the Reckitt and Coleman site during his employment with Byard and Green shop fitters. Mr. Hartley's employment as a joiner for this firm, which lasted from the late 1960s to the early 1970s, required him to cut, drill and fit asbestos sheets. ASBESTOS UPDATE: Fostoria Property in W.Va. Slated for Abatement ---------------------------------------------------------------- The former Fostoria property in Moundsville, W.Va., is slated for asbestos abatement, Mesothelioma.com reports. City Manager Allen Hendershot said, "It hurt our economy when we lost the Fostoria. It had 700 to 800 employees at any one time. So that was a major dent in our employment. The developers on site have taken down an additional five buildings and it's very visible the change in the site now." The next step is asbestos removal and the Moundsville city council agreed to hire a consulting firm to outline the needs of the asbestos removal portion of the Fostoria project. Mr. Hendershot added, "We're hoping to have the preliminary remedial action plan ready by mid-January. We'll have to submit that to the [Department of Environmental Protection] for approval. But we're hoping that we'll be able to keep this process moving quickly now." ASBESTOS UPDATE: Middletown to Receive $1.6Mil Brownfield Grant --------------------------------------------------------------- The City of Middletown, Ohio, will receive a US$1.6 million Brownfield cleanup grant to clean up and rid asbestos from the STM Property at the former Sutphin Wrenn Union Paper Mill, Mesothelioma.com reports. The grant is part of a US$28 million Clean Ohio Revitalization Fund grant project that will benefit communities all over the state. The grant recipients were announced for 16 Brownfield sites in Ohio. Brownfield sites are characterized by the U.S. Environmental Protection Agency as sites with asbestos or other contaminants present that are unable to be used until they have been cleaned up. Ohio Governor Ted Strickland said, "Too many of our workers and businesses are reeling from this global economic recession, which makes our partnerships with local communities and our efforts to improve Ohio's business climate even more important. Clean Ohio investments encourage business development and job creation by revitalizing our communities and previously used industrial properties." Once decontamination is complete and rebuilding can begin, officials estimate that the work could create as many as 200 new jobs. ASBESTOS UPDATE: Youngstown's School Board Seeking Cleanup Bids --------------------------------------------------------------- The Youngstown School board seeks bids for the asbestos removal project at almost 20 area schools in Youngstown, Ohio, the Mesothelioma & Asbestos Awareness Center reports. At one building, the former site of the Princeton School, officials say that removing the asbestos present in the school prior to demolition may cost as much US$1 million. The high range for bids is expected to be US$1,250,000, significantly more than at other schools in the area that are being prepared for demolition. The demolition of these area schools is part of a US$190 million school rebuilding program, of which 80 percent is being financed by the Ohio School Facilities Commission. About 17 schools will be totally demolished, while 13 more will be renovated, expanded, or replaced. ASBESTOS UPDATE: Riverfront State Prison to Undergo Remediation --------------------------------------------------------------- The Riverfront State Prison in Camden, N.J. must undergo special asbestos abatement procedures due to the presence of the material in many of the interior walls, Mesothelioma reports. New Jersey Governor Jon Corzine announced that the planned demolition of the prison facility (constructed in 1985) would begin before the end of 2009, with a projected completion date sometime next spring. Rod Sadler, president of Save Our Waterfront, a group of local community organizers and business leaders, praised Governor Corzine and welcomed the demolition efforts. The demolition project was scheduled to start in October 2009, but scheduling issues and the discovery of asbestos delayed work until late December 2009. The outer fencer, exterior walls and staircases are due to be taken down within a week of the scheduled start date, with the asbestos cleanup portion of the project due to start before the end of 2009. Due to the measures required by state and local environmental authorities, workers on the asbestos removal project must wear protective coveralls and breathing masks to insure that they do not inhale asbestos fibers. ASBESTOS UPDATE: Hazard Illegally Dumped in Sutton on Dec. 2009 --------------------------------------------------------------- The Sutton Guardian reported that asbestos was dumped twice in Sutton, England, in December 2009, the first involving a white rubble sack full of the cement-bonded, asbestos, ContractorsCompare.com reports. Last Dec. 4, 2009, a transit tipper lorry with a white cab and blue body was seen leaving the scene. In a second incident, a trailer containing sheets of asbestos was left in the service area off Stavordale Road behind the Rose Hill shops on Dec. 8, 2009. Councilor Colin Hall, Sutton Council's executive member for environment, said that it believed that these offenders may be professional builders, waste clearers or roofers who should know better. ASBESTOS UPDATE: Garner Apartments in Tex. Slated for Demolition ---------------------------------------------------------------- Asbestos abatement will begin at the Garner Apartments in Nacogdoches, Tex., before it will be demolished, Mesothelioma.com reports. Students attending Stephen F. Austin State University are getting ready to say their final goodbyes to a complex that has housed many students over the years. The 14-story dormitory is set to be demolished after the end of the fall semester, and all students were required to be moved out by Dec. 19, 2009. Once the residence is demolished, the land will become home to a new student residence hall, as well as a new parking garage. The Garner Apartments were built in 1969, and were named for a former history and political science professor at SFA. ASBESTOS UPDATE: Fort Collins Blaze Sparks Concerns on Exposure --------------------------------------------------------------- A fire at the Brookfield Apartment complex in Fort Collins, Colo., forced the evacuation of eight residents from their homes after asbestos was released during the blaze, Mesothelioma.com reports. Two of the apartments were badly damaged, while two other apartments suffered from some smoke damage. Poudre Fire Authority crews said that the fire in the ceiling had spread, forcing crews to cut into the walls to put out the blaze. However, after the fire had been quenched, it was discovered that the building contained asbestos. Crews then had to arrange for decontamination and asbestos abatement. ASBESTOS UPDATE: Statler Hilton Hotel in Dallas Contains Hazard --------------------------------------------------------------- The Dallas Statler Hilton in Dallas, built in 1956, contains asbestos and has out-of-date wiring, two problems that must be addressed by the owners and certain Dallas officials, Mesothelioma.com reports. The Statler Hilton faces increased public scrutiny in the wake of an announcement that the hotel may be restored to its former glory. The owners of the Statler Hilton on Commerce Street have approached both Mayor Tom Leppert and council member Ron Natinsky about restoring the aging building. Work is expected to begin in 2010. The hotel has been vacant for almost a decade. ASBESTOS UPDATE: River Bend Board Braces for Asbestos Penalties --------------------------------------------------------------- Superintendent Jane Bauer is concerned that the River Bend School in Fulton, Ill., will be fined over an asbestos-related incident, the Mesothelioma & Asbestos Awareness Center reports. The Board struggles to find a way to finance the costs related to the asbestos incident. Superintendent Bauer offered a report on the asbestos abatement at the school's shop classroom at the November school board meeting. Superintendent Bauer is concerned that between fines and the cost of paying for the asbestos abatement in the shop classroom, the school board will be out quite a lot of money. Superintendent Bauer added the school's insurance provider has been contacted to ascertain what level of coverage the district has, and unfortunately the cost of asbestos abatement will not be covered. ASBESTOS UPDATE: Hazard Raises Concerns at New Forest Sport Club ---------------------------------------------------------------- Asbestos could be dangerous to the public at the Milford Tennis and Squash club in New Forest, England, in which the club was razed by fire last Dec. 26, 2009, the Daily Echo reports. It was two years since the club underwent a GBP142,000 refurbishment, which was funded by membership. At least half of the club was wrecked in the blaze on the evening of Dec. 26, 2009, with the remainder of the building suffering smoke damage. Around 20 firefighters from New Milton, Lymington and Eastleigh tackled the blaze at 5:30 p.m. The club had been empty at the time fire broke out and claims that an electrical fault was to blame are being investigated. ASBESTOS UPDATE: Appeals Court Issues Split Decision in Merrill --------------------------------------------------------------- The Court of Appeal, Second District, Division 3, California, issued split rulings in the asbestos case styled Richard Merrill et al., Plaintiffs and Appellants v. Leslie Controls, Inc., Defendant and Appellant; Elliott Company, Defendant and Respondent. Judges Kitching, Croskey and Aldrich entered judgment in Case No. No. B200006 on Nov 17, 2009. This was an appeal from the Superior Court of Los Angeles County. Richard Merrill and Tamara Merrill sued Leslie Controls, Inc. and Elliott Company for Mr. Merrill's injuries caused by exposure to asbestos-containing products. Leslie Controls appealed from a judgment for plaintiffs. The Appeal Court concluded that the Merrills had not shown that Leslie Controls manufactured, supplied, or distributed the products which caused his exposure to asbestos. On May 10, 2006, the Merrills filed a complaint for personal injury arising from Mr. Merrill's exposure to asbestos from defendants' asbestos and/or asbestos-containing products aboard U.S. Navy vessels. The complaint named more than 30 defendants, including Leslie Controls and Elliott Company. Leslie Controls and Elliott Company filed motions for summary judgment and for summary adjudication of Mrs. Merrill's cause of action for loss of consortium. The trial court denied Leslie Controls' motion for summary judgment, but granted its motion for summary adjudication of Mrs. Merrill's loss of consortium cause of action. The trial court granted Elliott Company's motion for summary judgment, and also granted Elliott Company's motion for summary adjudication of Mrs. Merrill's loss of consortium cause of action. Before the verdict, the Merrills and 16 defendants settled, with the settling defendants agreeing to pay the Merrills US$5,518,000. After a trial, the jury by special verdict found in favor of three remaining defendants, but found against Leslie Controls. The jury found that the failure-to-warn and design defects, and the negligence, of Leslie Controls were a substantial contributing factor in causing Mr. Merrill's malignant mesothelioma, and found total damages suffered by Mr. Merrill to be US$5,691,124. The jury allocated 15 percent of the total fault that caused Mr. Merrill's injury to Leslie Controls. The judgment on special verdict entered on March 23, 2007, ordered that Mr. Merrill recover US$1,218,565 from Leslie Controls. On May 16, 2007, the trial court denied the motions by Leslie Controls for judgment notwithstanding the verdict and for a new trial. In a notice of appeal filed on June 14, 2007, Mrs. Merrill appealed from the order granting summary adjudication for Leslie Controls on Mrs. Merrill's loss of consortium cause of action, and the Merrills appealed from the order granting summary judgment to Elliott Company. On July 5, 2007, Leslie Controls filed a notice of appeal from the March 23, 2007 judgment. The judgment in favor of the Merrills was reversed. The orders granting summary judgment for Elliott Company and granting summary adjudication for Leslie Controls were affirmed. Costs on appeal were awarded in favor of Elliott Company and Leslie Controls. Simon, Eddins & Greenstone (Brian P. Barrow, Esq.) represented Plaintiffs and Appellants. ASBESTOS UPDATE: Supreme Court OKs Board Ruling in Chiesa Action ---------------------------------------------------------------- The Supreme Court, Appellate Division, Third Department, New York affirmed the April 2, 2007 ruling of the Workers' Compensation Board, which denied Lisa Chiesa's claim for compensation. The case is styled In the Matter of the Claim of Lisa Chiesa, Appellant v. Stillwater Central School District et al., Respondents. Workers' Compensation Board, Respondent. Judges Mercure, Spain, Malone Jr., Kavanagh and McCarthy entered judgment in the case on Oct. 8, 2009. Ms. Chiesa, a schoolteacher, applied for workers' compensation benefits in 2002, claiming that she had been injured due to exposure to particulate matter released into the air as the result of an explosion that occurred on Oct. 15, 2000 at a construction and asbestos abatement work site at a school in the Stillwater Central School District. Following hearings, a Workers' Compensation Law Judge disallowed the claim, finding that Ms. Chiesa lacked credibility and failed to establish a causally related injury that stemmed from this accident. On review, the Workers' Compensation Board affirmed, prompting this appeal. Robert M. Cohen, Esq., of Ballston Lake, N.Y., represented Ms. Chiesa. Walsh & Hacker (Sean F. Nicolette, Esq., of counsel) in Albany, N.Y., represented Stillwater Central School District and another party. ASBESTOS UPDATE: Md. Appeals Court Issues Ruling in Taylor Claim ---------------------------------------------------------------- The Court of Appeals of Maryland issued a ruling in the case involving asbestos styled CSR, Limited v. Andrea Taylor, et al. Judges Bell, Harrell, Battaglia, Greene, Murphy, John C. Eldridge and Irma S. Raker entered judgment in Case No. No. 129, Sept. Term, 2008 on Nov. 16, 2009. Judges Greene, Bell, and Raker entered dissenting opinions. This case required the Court to determine whether the Circuit Court for Baltimore City would have been justified in exercising in personam jurisdiction over Petitioner, Colonial Sugar Refining Co., Ltd. (CSR), an Australian business entity, under the circumstances presented in this case. Andrea Taylor and Mary Fuchsluger (Respondents) are the personal representatives of the estates of two former stevedores (Alfred B. Smith and Joseph Anzulis) who worked at the Port of Baltimore and who allegedly contracted mesothelioma from the offloading of raw asbestos and asbestos-containing products. Respondents attributed the stevedores' illnesses, in part, to CSR's use of the Port as a conduit in shipping raw asbestos fibers from Australia to United States consumers located outside of Maryland. Mr. Smith and Mr. Anzulis worked as stevedores at the Port from about 1942 through 1983 and 1937 through 1973, respectively. In the Circuit Court for Baltimore City, Respondents sued numerous entities involved in the manufacture, supply, sale, distribution, and installation of asbestos-containing products, alleging multiple causes of action, including strict liability, breach of warranty, negligence, and fraud. One of the entities Respondents sued was CSR. In response to Respondents' lawsuit, CSR filed a motion to dismiss for lack of personal jurisdiction. In opposition to CSR's motion to dismiss, Respondents presented to the Circuit Court four invoices representing asbestos shipments by CSR to Baltimore during the period when Mr. Smith and Mr. Anzulis worked as stevedores. On Nov. 2, 2006, the Circuit Court heard oral argument on CSR's motion to dismiss. From the bench, the motions' judge concluded, tentatively, that CSR lacked sufficient minimum contacts with Maryland to satisfy due process concerns. On Jan. 8, 2007, the Circuit Court entered an order granting CSR's motion to dismiss for lack of personal jurisdiction. Respondents appealed the decision of the Circuit Court to the Court of Special Appeals, which reversed the judgment. ASBESTOS UPDATE: Appeals Court Upholds Dismissal of Bobo Action --------------------------------------------------------------- The Court of Appeals of Kentucky affirmed the ruling of the McCracken Circuit Court, which dismissed an asbestos lawsuit filed by Morris and Mildred Bobo in favor of defendants. Judges Dixon, Keller, and Stumbo entered judgment in Case No. 2008-CA-000892-MR on Nov. 20, 2009. The Bobos appealed from an order of the McCracken Circuit Court dismissing without prejudice their personal injury action against numerous bankrupt and non-bankrupt defendants. The Bobos argued that a bankruptcy stay rendered in U.S. Bankruptcy Court divested the McCracken Circuit Court of jurisdiction, thus barring it from dismissing the action as against the bankrupt defendants. On Jan. 17, 2002, the Bobos filed the instant action against 24 defendants in McCracken Circuit Court alleging that Mr. Bobo contracted an asbestos-related disease as a result of his occupational exposure to products allegedly manufactured and/or sold by the defendants. The action languished in circuit court for several years, during which time many of the defendants filed petitions for Chapter 11 bankruptcy protection in U.S. Bankruptcy Court. The filing of the petitions resulted in the issuance of automatic stays, which barred further action in state court against the bankruptcy petitioners. On Feb. 29, 2008, the McCracken Circuit Court rendered a sua sponte Notice to Show Cause under Kentucky Rules of Civil Procedure (CR) 77.02 as to why the action should not be dismissed for lack of prosecution. After the Bobos filed a response, the court rendered an order dismissing the action as to all defendants. The Bobos then filed a Motion to Reconsider, arguing that their inaction as against the bankrupt defendants resulted from the automatic stays rendered by the bankruptcy court. As to both the bankrupt and non-bankrupt defendants, the Bobos argued that the factors set out in Ward v. Housman, 809 S.W.2d 717 (Ky.App.1991), required the state court action to continue. That Motion to Reconsider was overruled, and this appeal followed. For the foregoing reasons, the Appeals Court affirmed the Order of Dismissal of the McCracken Circuit Court. Rick A. Johnson, Esq., of Paducah, Ky., Kenneth L. Sales, Esq., Joseph D. Satterley, Esq., Paul J. Kelley, Esq., Louisville, Ky., represented the Bobos. ASBESTOS UPDATE: La. Court Denies Pharmacia Bid in Catania Case --------------------------------------------------------------- The U.S. District Court, Middle District of Louisiana, denied Pharmacia Corp.'s motion to exclude the expert opinion of Plaintiff's expert, in an asbestos case styled Michael Catania et al. v. Anco Insulations, Inc., et al. District Judge James J. Brady entered judgment in Civil Action No. 05-1418-JJB on Nov. 17, 2009. Barbara Catania passed away as a result of mesothelioma. She allegedly contracted mesothelioma through exposure to asbestos fibers embedded in the clothing of three uncles. After her death, Plaintiffs brought suit seeking damages for loss of support. As part of this suit, Plaintiffs sought to introduce testimony of Shael Wolfson, an economics expert. Pharmacia objected to the introduction of Mr. Wolfson's testimony, asserting that he did not follow the methodology that he cited in his report. Furthermore, Pharmacia alleged that Mr. Wolfson incorrectly assumed that as a result of Decedent's death, Plaintiff would no longer receive any Louisiana State Employees' Retirement System (LASERS) benefits. Because Mr. Wolfson's testimony is inadmissible, Pharmacia argued, the Court should grant it summary judgment on the issue of damages from loss of support. The Court found admissible Mr. Wolfson's expert testimony regarding the loss of support created by Decedent's death. Accordingly, Pharmacia's motion to exclude Plaintiffs' expert testimony and for partial summary judgment was denied. ASBESTOS UPDATE: Superior Court Upholds Ruling in Hicks' Lawsuit ---------------------------------------------------------------- The Superior Court of Pennsylvania affirmed the ruling of the Court of Common Pleas of Philadelphia County, Civil Division, which favored the Estate of Louis A. Hicks, in asbestos litigation involving Dana Companies, LLC. The cases are styled Estate of Louis A. Hicks, Deceased, Appellee v. Dana Companies, LLC f/k/a Dana Corporation, et al., Appeal of: Dana Companies, LLC f/k/a Dana Corporation, Appellant and Estate of Louis A. Hicks, Deceased, Appellee v. Dana Companies, LLC f/k/a Dana Corporation, et al., Appeal of: John Crane, Inc., f/k/a Crane Packing, Appellant. Judges Ford Elliott, Stevens, Orie Melvin, Lally-Green, Klein, Bowes, Panella, Donohue, and Shogan entered judgment in Case Nos. 3088 EDA 2006 and 3089 EDA 2006 on Nov. 18, 2009. This was a consolidated appeal from the judgment entered against Dana Companies, LLC f/k/a Dana Corporation and John Crane, Inc., f/k/a Crane Packing, in this products liability action initiated by the Estate of Louis A. Hicks, for his contracting malignant mesothelioma from alleged occupational exposure to the Appellants' asbestos-containing products. Following the denial of post-trial motions and entry of judgment, an appeal to this Court was filed in which a panel of this Court affirmed the trial court. The Superior Court had granted reargument en banc. After review, the Superior Court affirmed. ASBESTOS UPDATE: RPM Has $377.85M Long-Term Liability at Nov. 30 ---------------------------------------------------------------- RPM International Inc.'s long-term asbestos-related liabilities were US$377,847,000 as of Nov. 30, 2009, compared with US$425,328,000 as of May 31, 2009, according to the Company's quarterly report filed with the U.S. Securities and Exchange Commission on Jan. 6, 2010. The Company's long-term asbestos-related liabilities amounted to US$396,772,000 as of Aug. 31, 2009. (Class Action Reporter, Oct. 9, 2009) The Company's current asbestos-related liabilities were US$75 million as of Nov. 30, 2009, compared with US$65 million as of May 31, 2009. Payments made for asbestos-related claims were US$37,481,000 during the six months ended Nov. 30, 2009, compared with US$32,436,000 during the six months ended Nov. 30, 2008. Headquartered in Medina, Ohio, RPM International Inc. owns subsidiaries that produce coatings, sealants, building materials and related services serving both industrial and consumer markets. The Company's industrial products include roofing systems, sealants, corrosion control coatings, flooring coatings and specialty chemicals. ASBESTOS UPDATE: RPM Int'l. Units Facing 10,531 Cases at Nov. 30 ---------------------------------------------------------------- RPM International Inc.'s subsidiaries had a total of 10,531 active asbestos cases as of Nov. 30, 2009, compared with a total of 10,048 cases as of Nov. 30, 2008, according to the Company's quarterly report filed with the U.S. Securities and Exchange Commission on Jan. 6, 2010. The Company's subsidiaries faced a total of 10,271 active asbestos cases as of Aug. 31, 2009, compared with a total of 11,399 cases as of Aug. 31, 2008. (Class Action Reporter, Oct. 9, 2009) Certain of the Company's wholly owned subsidiaries, mainly Bondex International, Inc., face asbestos-related bodily injury lawsuits filed in various state courts with the majority of current claims pending in six states: Texas, Florida, Maryland, Illinois, Mississippi and Ohio. The subsidiaries secured dismissals and/or settlements of 233 cases for the quarter ended Nov. 30, 2009, compared with a total of 1,824 cases dismissed and/or settled for the quarter ended Nov. 30, 2008. The subsidiaries secured dismissals and/or settlements of 657 cases for the six months ended Nov. 30, 2009, compared with a total of 2,025 cases dismissed and/or settled for the six months ended Nov. 30, 2008. Of the 2,025 cases that were dismissed in the six months ended Nov. 30, 2008, 1,420 were non-malignancies or unknown disease cases that had been maintained on an inactive docket in Ohio and were administratively dismissed by the Cuyahoga County Court of Common Pleas during the Company's second fiscal quarter ended Nov. 30, 2008. For the quarter ended Nov. 30, 2009, the subsidiaries made total cash payments of US$18.9 million relating to asbestos cases, which included defense-related payments paid during the quarter of US$7.6 million, compared to total cash payments of US$16.4 million relating to asbestos cases during the quarter ended Nov. 30, 2008, which included defense-related payments paid during the quarter of US$6.1 million. For the six months ended Nov. 30, 2009, the subsidiaries made total cash payments of US$37.5 million relating to asbestos cases, which included defense-related payments of US$15.1 million, compared to total cash payments of US$32.4 million relating to asbestos cases during the six months ended Nov. 30, 2008, which included defense-related payments of US$12.8 million. During the second quarter of fiscal 2009, one payment totaling US$3.6 million was made to satisfy an adverse judgment in a previous trial that occurred in calendar 2006 in California. This payment, which included a significant amount of accrued pre- judgment interest as required by California law, was made on Dec. 8, 2008, about two and a half years after the adverse verdict and after all post-trial and appellate remedies had been exhausted. Excluding defense-related payments, the average payment made to settle or dismiss a case was about US$48,000 for the quarter ended Nov. 30, 2009 and US$6,000 for the quarter ended Nov. 30, 2008. Headquartered in Medina, Ohio, RPM International Inc. owns subsidiaries that produce coatings, sealants, building materials and related services serving both industrial and consumer markets. The Company's industrial products include roofing systems, sealants, corrosion control coatings, flooring coatings and specialty chemicals. ASBESTOS UPDATE: Brief in RPM Int'l. Case to be Filed by Jan. 26 ---------------------------------------------------------------- RPM International Inc. says that plaintiffs' first brief, in an insurance coverage case involving certain of the Company's subsidiaries, must be filed by Jan. 26, 2010 in the Sixth Circuit Court of Appeals. During fiscal 2004, certain of the Company's subsidiaries' third- party insurers claimed exhaustion of coverage. On July 3, 2003, certain of the subsidiaries filed the case of Bondex International, Inc. et al. v. Hartford Accident and Indemnity Company et al., Case No. 1:03-cv-1322, in the U.S. District Court for the Northern District of Ohio, for declaratory judgment, breach of contract and bad faith against these third-party insurers, challenging their assertion that their policies covering asbestos-related claims have been exhausted. The coverage litigation involves insurance coverage for claims arising out of alleged exposure to asbestos containing products manufactured by the previous owner of the Bondex tradename before March 1, 1966. On March 1, 1966, Republic Powdered Metals Inc. (as it was known then), purchased the assets and assumed the liabilities of the previous owner of the Bondex tradename. That previous owner subsequently dissolved and was never a subsidiary of Republic Powdered Metals, Bondex, RPM, Inc. or the Company. Because of the earlier assumption of liabilities, however, Bondex has historically responded, and must continue to respond, to lawsuits alleging exposure to these asbestos-containing products. The Company discovered that the defendant insurance companies in the coverage litigation had wrongfully used cases alleging exposure to these pre-1966 products to erode their aggregate limits. This conduct, apparently known by the insurance industry based on discovery conducted to date, was in breach of the insurers' policy language. Two of the defendant insurers have filed counterclaims seeking to recoup certain monies should plaintiffs prevail on their claims. During the second fiscal quarter ended Nov. 30, 2006, plaintiffs and one of the defendant insurers reached a settlement of US$15 million, the terms of which are confidential by agreement of the parties. The settling defendant was dismissed from the case. In 2007, plaintiffs had filed motions for partial summary judgment against the defendants and defendants had filed motions for summary judgment against plaintiffs. In addition, plaintiffs had filed a motion to dismiss the counterclaim filed by one of the defendants. On Dec. 1, 2008, the court decided the pending motions for summary judgment and dismissal. The court denied the plaintiffs' motions for partial summary judgment and granted the defendants' motions for summary judgment against plaintiffs on a narrow ground. The court also granted the plaintiffs' motion to dismiss one defendant's amended counterclaim. In light of its summary judgment rulings, the court entered judgment as a matter of law on all remaining claims and counterclaims, including the counterclaim filed by another defendant, and dismissed the action. The court also dismissed certain remaining motions as moot. Plaintiffs have filed a notice of appeal to the U.S. Sixth Circuit Court of Appeals and will continue to aggressively pursue their claims on appeal. Certain defendants have filed cross- appeals. On Dec. 17, 2009, the Sixth Circuit Court of Appeals issued a briefing schedule. All briefing is scheduled to be completed in the Sixth Circuit Court of Appeals by March 29, 2010. Headquartered in Medina, Ohio, RPM International Inc. owns subsidiaries that produce coatings, sealants, building materials and related services serving both industrial and consumer markets. The Company's industrial products include roofing systems, sealants, corrosion control coatings, flooring coatings and specialty chemicals. ASBESTOS UPDATE: RPM Int'l. Cites $452M Nov. 30 Reserve Balance --------------------------------------------------------------- RPM International Inc.'s total asbestos reserves balance stood at US$452.8 million at Nov. 30, 2009, according to a Company press release dated Jan. 6, 2010. During the quarter ended Nov. 30, 2009, the Company paid US$18.9 million in pre-tax asbestos costs, compared to US$16.4 million in the year-ago period. Headquartered in Medina, Ohio, RPM International Inc. owns subsidiaries that produce coatings, sealants, building materials and related services serving both industrial and consumer markets. The Company's industrial products include roofing systems, sealants, corrosion control coatings, flooring coatings and specialty chemicals. ASBESTOS UPDATE: Belluck Calls for Reduced Risk in New York City ---------------------------------------------------------------- Attorney Joseph W. Belluck, Esq., a partner in New York-based law firm Belluck & Fox LLP, says that New York City needs to continue reducing the risk of exposure to cancer-causing asbestos until it is non-existent, according to a Belluck & Fox press release dated Jan. 6, 2010. Mr. Belluck praised a package of legislation passed by the New York City Council that overhauls the City's asbestos abatement procedures. He said the new laws represent an improvement in construction safety standards. Mr. Belluck said, "The City should continue to adopt measures similar to this until there is zero asbestos exposure to firefighters, construction workers and residents of New York." The legislation, signed into law in December 2009 by New York Mayor Michael Bloomberg, established a permit program for asbestos abatement activities, enhanced asbestos cleanup safeguards, prohibited smoking in any part of a building where asbestos abatement is occurring and barred simultaneous asbestos abatement and demolition activities in the same building. The package of legislative measures stemmed from a review panel's recommendations after a fire at the former Deutsche Bank tower in August 2007 left two New York City firefighters dead. Workers were removing asbestos from the building and demolishing it floor by floor when the fire occurred. A construction worker's cigarette ignited the blaze. The simultaneous abatement and demolition activities in the building hampered firefighters' efforts to fight the blaze. Asbestos use is no longer prevalent, but houses and buildings in New York and throughout the U.S. still have large amounts of asbestos materials and insulation that will eventually have to be removed. Health officials estimate that 1.3 million construction and general industry workers are exposed to asbestos and one of the most common ways is during asbestos removal activities if the dangerous substance is not handled properly. ASBESTOS UPDATE: Blacon Plasterer Gets GBP45,000 in Compensation ---------------------------------------------------------------- Anthony Martin, a 65-year-old former plasterer from Blacon, Cheshire, England and who worked for Chester College (n/k/a Chester University), had GBP45,000 after developing pleural plaques, an asbestos-related disease, UNISON reports. The provisional settlement for pleural thickening will allow Mr. Martin to reopen the claim at any point, as he now stands at risk of developing mesothelioma. Mr. Martin, a UNISON member, worked at the college for 36 years before he retired. During this time, he helped a joiner insulate the college theatre roof, using asbestos, but was not given any protection, or warned of the dangers to his health. Mr Martin said, "The compensation is a relief, but I'd rather have my health back. The most important thing for me is knowing that my wife and family will be able to claim compensation if the worst does happen. I try not to let my disability affect my day- to-day life, but it does leave me breathless." ASBESTOS UPDATE: U.K. Queen's Doctor's Death Linked to Exposure --------------------------------------------------------------- A Dec. 30, 2009 inquest at the Norwich Crown Court heard that the death of Dr. Ian Campbell, who cared for The Queen at Sandringham, Norfolk, England, was linked to exposure to asbestos, Lynn News reports. Greater Norfolk Coroner William Armstrong opened and closed the inquest into the 64-year-old Dr. Campbell's death at Norwich Crown Court, recording a verdict of death caused by industrial disease. Dr. Campbell, who leaves a wife, held the prestigious title of Apothecary to the Royal Household at Sandringham for 15 years before retiring from the role in 2007. Dr. Campbell, of Lynn Road, Snettisham, died at home on Dec. 24, 2009 after first experiencing symptoms of mesothelioma around four years ago. This time in 2008, Dr. Campbell began suing pharmaceutical giant GlaxoSmithKline for GBP900,000, claiming his illness was the result of being exposed to asbestos while working in a factory now owned by the Company. During the 1960s, Dr. Campbell worked weekends and holidays as a general hand in the laminated plastic products division of Allen and Hanburys at its plant in Ware, Hertfordshire, and on site in Dresden, East Germany. The work involved repeatedly polishing, screwing, shaping and drilling ferobestos, a plastic which contained asbestos, according to a High Court writ issued in 2008. The writ alleged Allen and Hanburys failed to ensure there was adequate ventilation in the workplace and Dr. Campbell was "exposed to and inhaled much asbestos dust." He began experiencing symptoms of the disease in early 2006 when his health declined following the onset of a cough and he later suffered from breathlessness. Dr. Campbell joined Heacham Group Practice in 1973 and looked after thousands of patients during his career. He also helped to set up surgeries at Heacham, Snettisham and Dersingham, which is now the Carole Brown Health Centre, part of the Gayton Road Health centre. Dr. Campbell retired from the Heacham practice in July 2005, after 32 years dedicated service, but continued to look after the Royal household for another two years. ASBESTOS UPDATE: Three Firms Chosen to Clean Up Maryland Schools ---------------------------------------------------------------- On Jan. 5, 2010, the Washington County Board of Education in Washington County, Md., chose three firms in case the Board requires the removal of asbestos from 35 of the County's 48 school buildings, The Herald-Mail reports. The three lowest bidders were: Asbestos Specialists Inc. of Elkridge, Md.; Retro Environmental Inc. of Sykesville, Md.; and Baxter Group Inc. of Chambersburg, Pa. Nine companies responded to a request for bids. Lisa Freeman, the school system's supervisor of purchasing, said those firms could be asked to bid for small projects. The lowest bid would be chosen. The contract, which is optional, is in effect through Dec. 31, 2009, with two one-year options. Maximum prices are locked in until June 30, 2010, according to a memo about the contract. For larger projects, the school system probably would put out a public request for bids, Ms. Freeman said. The other six bidders were: LVI Environmental Services Inc. of Gaithersburg, Md.; Barco Enterprises Inc. of White Marsh, Md.; ACM Services Inc. of Rockville, Md.; Maryland Cleaning & Abatement of Baltimore; ARC Construction Services Inc. of Baltimore; and Power Component Systems of Hanover, Md. ASBESTOS UPDATE: Cleanup at Richland Site to Cost $200T to $250T ---------------------------------------------------------------- It is estimated that asbestos removal at the former community services building in Richland County, Mont., would cost from US$200,000 to US$250,000, the Sidney Herald reports. Richland County commissioners discussed asbestos removal during a Jan. 4, 2010 meeting. Michelle Foss, a Richland County resident, expressed her desire to take on the project. Ms. Foss owns Western Compliance Environmental Services. The Company is now inactive, but she says it would not take much to be recognized as active again. Commissioner Don Steppler said when the decision is made, the project would need to be put out for bids. Possible uses for the land could be an addition to Crestwood Inn or possibly a new public library. During 2009, owners of Crestwood Inn submitted a US$300,000 grant application through the Rural Housing and Economic Development program of the U.S. Department of Housing and Urban Development, which would be used to acquire and complete the demolition of the old community services building. The Richland County Housing Authority is seeking other grants to build an addition for Crestwood Inn. ASBESTOS UPDATE: Basildon Locals Decry Waste Storage Center Plan ---------------------------------------------------------------- Families in Basildon, Essex, England, over the plan of Keltbray, the United Kingdom's largest demolition firm, to build an asbestos waste transfer center at its Pectel Court headquarters in Burnt Mills Road, the Echo reports. The Company, which says the risks to residents are minimal, will have two containers that will be used to store waste brought in by truck from sites across the south east of the country. David Trigger, who lives next door to the site, and runs a social club behind his home, says the project has outraged local homeowners. He said, "Some of the people around here have paid GBP600,000 for their homes and they don't want this on their doorsteps. "Many families are trying to bring up their children here, but I think they might have gone somewhere else if they knew our neighborhood was going to be turned in to the bowels of Essex." Local councilors have also been left fuming by the decision, and accused Essex County Council of failing to consult them first. Ron Livesey, Conservative councilor for Pitsea North West, said, "Every mucky facility seems to be dumped here and it's just not good enough anymore." Jeff Letch, waste manager for Keltbray, explained the waste will be double bagged before being delivered to the site, where it will be transferred into the containers by hand. He said the site will be a secure facility, surrounded by a 2 meter-high fence and monitored by 24-hour CCTV coverage. There were no objections from Basildon Council or the Environment Agency. The project was granted planning permission by Essex County Council's planning committee just before Dec. 25, 2009. ASBESTOS UPDATE: Most Japanese Units Don't Have Protective Masks ---------------------------------------------------------------- The Mainichi Daily News has learned that most Japanese prefectural governments nationwide are ill-equipped with protective masks to prevent asbestos inhalation in emergencies such as earthquakes. Covering all the Japanese prefectural governments in December 2009, the survey found that 42 prefectures do not stockpile any protective masks as emergency supplies. The finding comes despite the fact that a Hyogo Prefecture man who developed mesothelioma after demolition work following the 1995 Great Hanshin Earthquake was awarded workers' compensation in February 2009. The danger of asbestos was not widely known when the debris of 111,363 buildings was removed following the quake, resulting in the spread of asbestos contamination due to insufficient protection. According to the survey, 31 prefectures were not equipped with any protective masks, while 11 other prefectures had between two and 366 protective masks for daily operations like legal inspection of buildings using asbestos, but not for emergencies. Five prefectures said they stockpile protective masks as emergency supplies, with Kanagawa at 3,500, Shizuoka at 1,000, Nagano at 200, and Gunma and Tokushima at 100, respectively. However, all the stockpiles were intended for use by prefectural employees, with Kanagawa also permitting their use by rescue workers from other prefectures including firefighters, policemen and Self-Defense Forces personnel, and Gunma allowing use by civilians qualified to check the safety of collapsed buildings. Kumamoto Prefecture also earmarked funds for 100 protective masks for emergency safety checks in the fiscal 2009 budget. ASBESTOS UPDATE: Staff Union Complains of Cleanup at UN Building ---------------------------------------------------------------- The New York Staff Union has complained about asbestos work, which is slated to begin on Jan. 8, 2010 on a floor of the United Nations headquarters where people are still working, the Inner City Press reports. With Secretary General Ban Ki-moon having moved out of the UN Headquarters' 38th floor over to the roof of the building called a temporary "Wal-Mart," problems have arising with staff unions and the UN's other "swing space." The UN's other unions have written to Mr. Ban to complain about his non-implementation of continuing contracts. ********* S U B S C R I P T I O N I N F O R M A T I O N Class Action Reporter is a daily newsletter, co-published by Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania, USA, and Beard Group, Inc., Frederick, Maryland USA. Gracele D. Canilao, Leah Felisilda and Peter A. Chapman, Editors. Copyright 2010. All rights reserved. ISSN 1525-2272. This material is copyrighted and any commercial use, resale or publication in any form (including e-mail forwarding, electronic re-mailing and photocopying) is strictly prohibited without prior written permission of the publishers. Information contained herein is obtained from sources believed to be reliable, but is not guaranteed. The CAR subscription rate is $575 for six months delivered via e-mail. Additional e-mail subscriptions for members of the same firm for the term of the initial subscription or balance thereof are $25 each. For subscription information, contact Christopher Beard at 240/629-3300. * * * End of Transmission * * *