/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/100129.mbx C L A S S A C T I O N R E P O R T E R Friday, January 29, 2010, Vol. 12, No. 20 Headlines BLIP TOYS: Recalls 15,000 Lead-Containing Pinto Horse Toy Figures BRAIN RESEARCH: YouTube Video Exposes Law Firm to Liability DELL CANADA: Loses Motion to Dismiss Class Action Laptop Lawsuit HOUSEHOLD FINANCIAL: Settlement Hearing Adjourned to March 5 LIEBHERR-HAUSGERAETE: Recalls 2,700 Single-Door Refrigerators MACY'S MERCHANDISING: Recalls 9,600 First Impressions Santa Sets RADIOSHACK CORP: Recalls 6,000 Danbar Knight Hawk Toy Helicopters REGAL LAGER: Recalls 1,190 CYBEX Strollers TOYOTA MOTOR: Legal Attack Widens Following Second Auto Recall UNITED STATES: Vets Suffering PTSD Could See Benefits Upgrade ZIPPO MANUFACTURING: Recalls 17,500 Candle Lighters Asbestos Litigation ASBESTOS ALERT: Rubinstein's Fined for Cleanup Breaches at Bend ASBESTOS UPDATE: PPG Ind. Still Has $534M Settlement at Dec. 31 ASBESTOS UPDATE: Trial in Buckles Lawsuit Scheduled for Feb. 12 ASBESTOS UPDATE: Los Angeles Court Favors Lorillard in Cox Claim ASBESTOS UPDATE: Cleanup, Demolition of BCMHC to Cost Nearly $1M ASBESTOS UPDATE: Swales Widow Seeking Help in Compensation Claim ASBESTOS UPDATE: Workers Exposed to Hazard at Gorgon, Tests Show ASBESTOS UPDATE: Appeal Court Affirms Dismissal of Gonzalez Case ASBESTOS UPDATE: Fla. Court Reverses Ruling in Guilder's Lawsuit ASBESTOS UPDATE: Goodyear Summary Judgment in Dombek Case Denied ASBESTOS UPDATE: H.B. Fuller Settles 7 Exposure Cases at Nov. 28 ASBESTOS UPDATE: Crane Has $730MM Long-Term Liability at Dec. 31 ASBESTOS UPDATE: Crane Co. Has 66,341 Pending Claims at Dec. 31 ASBESTOS UPDATE: Court Accepts Review of O'Neil Case on Dec. 23 ASBESTOS UPDATE: Crane Co. Still Mulls Appeal in Baccus Verdict ASBESTOS UPDATE: Crane Co.'s Appeal in Brewer Case Still Pending ASBESTOS UPDATE: Plaintiffs' Appeal in Woodard v. Crane Pending ASBESTOS UPDATE: Crane Incurs $110.1Mil for Settlement, Defense ASBESTOS UPDATE: Ashland Has $906M for Claims Reserve at Dec. 31 ASBESTOS UPDATE: Corning Cites $5M Litigation Charge at Dec. 31 ASBESTOS UPDATE: Miller Case v. 53 Firms Filed Jan. 14 in W.Va. ASBESTOS UPDATE: Minister Criticized on Brisbane School Incident ASBESTOS UPDATE: Replacement of County Kerry Pipes Costs EUR30M ASBESTOS UPDATE: Dobson Family Seeking Info to Help Launch Case ASBESTOS UPDATE: Pending Cases v. Mallinckrodt at 11T in Dec. 25 ASBESTOS UPDATE: Sealy Records $200T ARO at European Facilities ASBESTOS UPDATE: 12 Actions Filed From Jan. 11-15 in Madison Co. ASBESTOS UPDATE: Building in Troy, N.Y. Scheduled for Demolition ASBESTOS UPDATE: Waterloo Board Seeks More Budget for Abatement ASBESTOS UPDATE: Jones Widow Seeking Info in Compensation Claim ASBESTOS UPDATE: U.K. Gov't. to Propose GBP70Mil in Compensation ASBESTOS UPDATE: U.K. Claims Estimated at GBP11Bil for 2009-2050 ASBESTOS UPDATE: Workplace Relations OKs Asbestos Recommendation ASBESTOS UPDATE: Warehouse in Torrington, Conn. to be Demolished ASBESTOS UPDATE: Appeal Court Affirms Board Ruling in Meeks Case ASBESTOS UPDATE: Split Decision Issued in Gilbert Lawsuit v. DDC ASBESTOS UPDATE: Md. Appeal Court OKs Judgment in Saville Action ASBESTOS UPDATE: Appeal Court Affirms Ruling in Action v. Grace ASBESTOS UPDATE: Court Remands Paine's Claim v. Veterans Affairs ASBESTOS UPDATE: Supreme Court Reverses Ruling in Kennedy Action ASBESTOS UPDATE: District Court Junks Dismissal in Phillips Case ********* BLIP TOYS: Recalls 15,000 Lead-Containing Pinto Horse Toy Figures ----------------------------------------------------------------- The U.S. Consumer Product Safety Commission, in cooperation with Blip Toys, of Minneapolis, Minn., announced a voluntary recall of about 15,000 Nature Wonders HD Pinto Horse Toy Figures. Consumers should stop using recalled products immediately unless otherwise instructed. The surface paint coating on the horse contains excessive levels of lead, violating the federal lead paint standard. No incidents or injuries have been reported. This recall involves the Nature Wonders HD pinto horse toy figures with model number 92093. The plastic horse is white with brown spots and measures about 4 inches tall. The model number and "Nature Wonders HD" are printed on the retail tag wrapped around the horse's leg. Pictures of the recalled product are available at: http://www.cpsc.gov/cpscpub/prerel/prhtml10/10120.html The recalled toys were manufactured in China and sold by Walmart stores nationwide from January 2009 through July 2009 for about $4. Consumers should immediately take the recalled toys away from children and contact Blip Toys to receive a free replacement toy. For additional information, please contact Blip Toys toll-free at (888) 405-7696 between 8:00 a.m. and 5:00 p.m., Central TIme, Monday through Friday, or visit the firm's Web site at http://www.bliptoys.com/recall BRAIN RESEARCH: YouTube Video Exposes Law Firm to Liability ----------------------------------------------------------- Kate Moser at The Recorder reports that a San Francisco Superior Court judge on Friday ruled that a Ropers, Majeski, Kohn & Bentley partner who uploaded a YouTube video reaching out to potential class action members can't use California's anti-SLAPP law to ward off a defamation suit. In denying anti-SLAPP motions by partner Thomas Clarke Jr. and Ropers Majeski, Judge Harold Kahn reasoned that Clarke's allegedly defamatory YouTube comments against the maker of a dietary supplement amounted to an advertisement and thus fall short of being protected. "If Clarke's goal is to communicate with potential class members, there are far more narrowly tailored ways for him to have done so," Kahn wrote in an 18-page opinion -- a copy of which is available at http://pdfserver.amlaw.com/ca/youtube0125.pdf-- in Brain Research Labs v. Clarke, 491932. "Instead, by invoking the 'new media' of the Internet and its capacity to display videos, Clarke chose, in a 21st century way, to 'litigate in the press.'" Judge Kahn noted that no currently citable published decision speaks to whether the part of the anti-SLAPP law that excludes commercial speech from its protection applies to a lawyer's ad soliciting clients for a potential lawsuit. One case is before the California Supreme Court, he added. So the judge said he took some guidance from Taheri Law Group v. Evans, 160 Cal.App.4th 482, a 2008 2nd District Court of Appeal case that said the commercial speech exception didn't apply to an attorney's advice to a prospective client. At the same time, though, that opinion suggested that when a lawyer engages in a massive ad campaign "divorced from individualized legal advice," the commercial speech exception "conceivably might apply." Clarke filed the class action against Brain Research Labs, maker of a supplement called Procera, last spring in Marin County Superior Court. The company then sued Mr. Clarke and Ropers Majeski, as well as the plaintiff named in the complaint, saying their defamatory comments have hurt its business. In its complaint, Brain Research Labs, represented by Los Angeles firm Younesi & Yoss, quoted at length from Mr. Clarke's nine- minute YouTube video. Judge Kahn also cited portions of the video, for example: "Greetings, I'm Tom Clarke. You probably know me as the attorney who's very concerned about your health. ... These scam artists do not care if you live or die. They only want you to live long enough to give them your money." The ruling raises big questions for how lawyers go about doing their work, said: Jacqueline Scott Corley, Esq. KERR & WAGSTAFFE LLP 100 Spear Street, Suite 1800 San Francisco, CA 94105-1528 Telephone: 415-371-8500 who represents both Ropers Majeski and Mr. Clarke. "It could really hamper an attorney's ability to communicate with potential class members if you can't do so on the Internet," Ms. Corley said. Ms. Corley pointed to Rubin v. Green, 4 Cal.4th 1187, a 1993 California Supreme Court decision that held that the solicitation of clients is protected by litigation privilege. "We don't believe that the development of this communication mode should change the result," Ms. Corley said. "Especially here, where the YouTube video was narrowly directed toward consumers with an interest in Procera." But Judge Kahn made the distinction that the attorneys in that case had directly reached out to potential clients with a known connection to the potential litigation. "In contrast, the YouTube video is potentially available to every English-speaking individual in the world with an Internet connection." Brain Research Labs had also sued Joseph Rotenberg, the named plaintiff in the underlying class action. Judge Kahn granted Rotenberg's anti-SLAPP motion, saying the company had not showed it was likely to prevail because it didn't have any admissible evidence that Rotenberg had indeed said what a reporter attributed to him on a TV news story about the Procera suit. Mr. Rotenberg was represented by: Zachary Rothenberg, Esq. GRODSKY & OLECKI LLP 2001 Wilshire Boulevard, Suite 210 Santa Monica, CA 90403 Telephone: 310-315-3009 Still, a Brain Research Labs attorney called the ruling a "resounding" victory. "It sends a very broad message to the legal profession that a lawyer can't say anything he or she wants with impunity," John Younesi said. Ms. Corley said she will appeal. DELL CANADA: Loses Motion to Dismiss Class Action Laptop Lawsuit ---------------------------------------------------------------- Pav Jordan at Reuters reports that a Canadian court has dismissed attempts by Dell Canada Inc to stop a class action lawsuit dating back to 2007 involving 119,000 claims of faulty laptops, the law firm representing the action said on Monday. The Toronto law firm Rochon Genova LLP said in a statement the class action would now be able to proceed against the U.S.-based computer maker. A lawyer representing the class: Joel Rochon, Esq. ROCHON GENOVA LLP 121 Richmond St. West, Suite 900 Toronto, Ontario, M5H 2K1 CANADA Telephone: (416) 363-1867 said the case could makes its way before the courts by early 2011. The suit could claim more than C$238 million ($225 million) from Dell, lawyers said, and is for customers who bought Dell's 1100, 1150, 5100, 5150 and 5160 Inspiron laptop computers between March 2003 and May 2005. The class proceeding was filed against Dell in 2007, alleging the laptops were defective. Dell, which could not be reached for immediate comment on Monday, sought to stay the class action on two occasions in Ontario Superior Court. Rochon Genova did not disclose the terms of the lawsuit. Dell Canada, with headquarters in Toronto, is a wholly owned subsidiary of Texas-based Dell Inc. Rochon Genova specializes in class action lawsuits for defective products. HOUSEHOLD FINANCIAL: Settlement Hearing Adjourned to March 5 ------------------------------------------------------------ Amelia Flood at The Madison County Record reports that a preliminary approval hearing for the settlement of a seven year- old mortgage fees class action case has been moved to March. Madison County Circuit Judge Barbara Crowder had been scheduled to hear arguments in favor of the settlement agreement at 1:30 p.m. Jan. 28. However, the hearing was moved to March 5, according to a third amended notice of hearing filed Jan. 25. The class action, against Household Financial Services Inc., was one of a spate of similar suits filed between 2003 and 2005. Lead plaintiffs Paul and LaDonna Wratchford led a class of home mortgage borrowers who claimed the defendants charged unreasonable per diem interest fees on their residential mortgages. The class sued the company on counts of breach of contract and unjust enrichment. The Wratchford case, as well as the other similar pending Madison County class actions, were filed by a coalition of law firms including the former Lakin Law Firm -- now Lakin Chapman LLC of Wood River -- and Freed & Weiss of Chicago. The partnership collapsed in 2007. Earlier this month, former Lakin firm member, Richard Burke, Esq., of St. Louis, entered his appearance in the case. Since Burke left the Lakin firm, he has partnered with Freed & Weiss. Details of the proposed Wratchford settlement are not yet available. Household Financial is represented by: Nathan P. Eimer, Esq. EIMER STAHL KLEVORN & SOLBERG LLP 224 South Michigan Avenue, Suite 1100 Chicago, IL 60604 and others of Chicago. The March hearing is set to begin at 9 a.m. The case is Madison case number 03-L-541. LIEBHERR-HAUSGERAETE: Recalls 2,700 Single-Door Refrigerators ------------------------------------------------------------- The U.S. Consumer Product Safety Commission announced a cooperative, voluntary recall of about 2,700 Liebherr Built-In 24-Inch Wide Single Door Refrigerators manufactured by Liebherr- Hausgeraete Ochsenhausen GmbH, of Germany, and imported by Liebherr-Canada Ltd of Ontario, Canada. Consumers should stop using recalled products immediately unless otherwise instructed. The refrigerator's door can detach, posing an injury hazard to consumers. Liebherr has received 13 reports of doors detaching, including two reports of injuries involving bruising and strains. This recall involves Liebherr built-in 24-inch wide single door refrigerators with model numbers R1400, RI1400, RB1400, and RBI1400 sold individually or as a component of side-by-side refrigerators. The refrigerators come in stainless steel and various custom finishes and are built into the kitchen cabinetry. "Liebherr" is written on the top interior control panel. The model number can be found on a label located behind the bottom drawer on the left interior side of the single door refrigerator. The side-by-side refrigerators were marketed as model numbers SBS240, SBS24 I0, SBS245, SBS24I5. This model number is not found on the product. Pictures of the recalled appliances are available at: http://www.cpsc.gov/cpscpub/prerel/prhtml10/10122.html The recalled appliances were manufactured in Germany and sold by appliance and specialty retailers nationwide from January 2005 through November 2009 for between $2,500 and $3,200. Consumers with recalled refrigerators should contact Liebherr immediately to schedule a free in-home repair. Consumers should check their refrigerator immediately to see whether the door hinge pin has become loose. If the hinge has not become loose and the door is functioning properly, consumers may continue to use the refrigerator until it is repaired. For additional information, contact Liebherr toll-free at (877) 337-2653 Monday through Friday 8:00 a.m. to 5:00 p.m., Mountain Time, or visit Liebherr's Web site at http://www.liebherr-appliances.com/ MACY'S MERCHANDISING: Recalls 9,600 First Impressions Santa Sets ---------------------------------------------------------------- The U.S. Consumer Product Safety Commission, in cooperation with Macy's Merchandising Group, Inc, of New York, N.Y., announced a voluntary recall of about 9,600 First Impressions Boy's Three- Piece Santa Sets. Consumers should stop using recalled products immediately unless otherwise instructed. Loose buttons on the suit's jacket may easily detach, posing a choking hazard to young children. No incidents or injuries have been reported. This recall includes First Impressions boy's three-piece Santa Sets in sizes 0-24 months, including a jacket, pants and hat. For units sold at Macy's and on macys.com the UPCs are: 0689439416622, 0689439417131, 0689439417148, 0689439417155, 0689439417162, and 0689439417179. For units sold at the Navy Exchange stores the UPCs are: 0706254537346, 0706254537353, 0706254537360, 0706254537377, 0706254537384, and 0706254537391. For all products the tracking label information sewn into the side seam of the top and bottom includes: Style 9131, Supplier 22155, Mfg 34837, Aug. 2009, Macy's Inc. Pictures of the recalled garments are available at: http://www.cpsc.gov/cpscpub/prerel/prhtml10/10119.html The recalled garments were manufactured in China and sold at Macy's and macys.com, including locations in Puerto Rico, from September to December 2009, and at U.S. Navy Exchange stores from November through December 2009 for about $20 to $40. Consumers should immediately remove the buttons from the jacket to eliminate the hazard or return the garment to any Macy's or U.S. Navy Exchange store for a full refund. For additional information, contact Macy's toll-free at (888) 257-5949 between 10:00 a.m. and 10:00 p.m., Monday through Friday, or visit Macy's Web site at http://www.macys.com/ RADIOSHACK CORP: Recalls 6,000 Danbar Knight Hawk Toy Helicopters ----------------------------------------------------------------- The U.S. Consumer Product Safety Commission, in cooperation with RadioShack Corp., of Fort Worth, Texas, announced a voluntary recall of the following products. Consumers should stop using recalled products immediately unless otherwise instructed. The battery housing under the helicopter canopy can overheat while charging, posing a fire hazard. The firm has received one report of a fire that started while a store demo toy was charging. No injuries or property damage have been reported. This recall involves Danbar Toys Knight Hawk 3D remote control helicopters. The helicopter can be identified by model number 006047 marked on the back of the controller and the Knight Hawk 3D logo on the front of the controller. The product was sold at RadioShack as catalog number 600-0566 (60-566) for ages 8 and up. Pictures of the recalled product are available at: http://www.cpsc.gov/cpscpub/prerel/prhtml10/10121.html The recalled product was manufactured in China and sold at RadioShack stores, RadioShack dealer franchise stores nationwide and at www.radioshack.com from October 2009 through November 2009 for about $60. Consumers should immediately take the helicopters away from children and return the toy to the nearest RadioShack store for a full refund. For additional information, contact RadioShack at (800) 843-7422 between 8:00 a.m. and 5:00 p.m., Central Time, Monday through Friday, or visit the firm's Web site at http://www.radioshack.com/ REGAL LAGER: Recalls 1,190 CYBEX Strollers ------------------------------------------ The U.S. Consumer Product Safety Commission and Health Canada, in cooperation with Regal Lager Inc., of Kennesaw, Ga., announced a voluntary recall of about 1,100 CYBEX Strollers in the United States and 90 in Canada. Consumers should stop using recalled products immediately unless otherwise instructed. The stroller's hinge mechanism poses a fingertip amputation and laceration hazard to the child when the consumer is unfolding or opening the stroller. The firm has received one report of a child placing his finger in the stroller's hinge mechanism, resulting in a finger fracture. This recall involves Ruby, Onyx and Topaz models of CYBEX umbrella strollers. "CYBEX" is printed on the side of the strollers. Pictures of the recalled product are available at: http://www.cpsc.gov/cpscpub/prerel/prhtml10/10123.html The recalled strollers were manufactured in China and sold at department and juvenile product stores nationwide between August 2009 and November 2009 for between $140 and $260. Consumers should immediately stop using the recalled strollers and contact Regal Lager to receive a free hinge cover retrofit kit. For additional information, contact the Company Service Center at (800) 593-5522 between 8:30 a.m. and 5:30 p.m., Eastern Time, Monday through Friday or visit the firm's Web site at http://www.regallager.com/recallsor e-mail the firm at info@regallager.com TOYOTA MOTOR: Legal Attack Widens Following Second Auto Recall -------------------------------------------------------------- Amanda Bronstad at The National Law Journal reports that a lawyer with a pending lawsuit against Toyota has filed a new suit in light of the carmaker's recent recall of 2.3 million vehicles due to sticking accelerator pedals. "What we have is a fleet of automobiles that accelerate when people don't intend them to," said: Michael Louis Kelly, Esq. KIRTLAND & PACKARD LLP 2361 Rosecrans Avenue, Fourth Floor El Segundo, California 90245 Telephone: 310-536-1000 who filed a class action on last week against Toyota on behalf of its customers. The recall, announced last week, is the second in recent months for Toyota. UNITED STATES: Vets Suffering PTSD Could See Benefits Upgrade ------------------------------------------------------------- NWCN.com reports that the Defense Department has agreed to expedite the claims of possibly thousands of Iraq and Afghanistan military veterans who suffer from post-traumatic stress disorder (PTSD) but have been denied benefits, a veterans group announced Monday. More than 4,000 veterans could be eligible for benefits available from a class-action lawsuit if they left the military because of PTSD, the veterans' advocacy group National Veterans Legal Services said at a press conference in Washington. The original class-action suit was filed in December 2008 by seven veterans who suffer from PTSD but who were denied a required rating to make them eligible for a variety of long-term benefits. A federal judge in Washington last month accepted a list of some 4,300 veterans who may also have been improperly denied the benefits. A court-authorized mailing is now going out to veterans on the list, telling them they can "opt in" and join the class- action suit if they qualify. "The legal notice gives thousands of veterans the right to join this class action under terms that are likely to result in millions of dollars in monetary and health care benefits," said Bart Stichman, a spokesman for National Veterans Legal Services. Eligible veterans who respond to the notices will receive an expedited review of their disability rating and, if applicable, a correction of their military records to comply with the law. Benefits then would begin for a six-month period until a further review and resolution of each medical case to establish permanent, long-term payouts. "I fought one war for my country abroad, but I now am fighting a different battle here at home," said former U.S. Marine Cpl. Tyler Einarson, 28, "the battle to get health care benefits to which I and thousand of other servicemen are entitled." Most of those eligible to join the lawsuit received disability discharges related to their military service in Iraq or Afghanistan from December 2002 through mid-October, 2008, when the Defense Department is thought to have ended the challenged denials. Additional information about Sabo, et al. v. United States, CaseNo. 08-899C (Fed. Cl.), is available at: http://ptsdlawsuit.com/ ZIPPO MANUFACTURING: Recalls 17,500 Candle Lighters --------------------------------------------------- The U.S. Consumer Product Safety Commission, in cooperation with Zippo Manufacturing Company, of Bradford, Pa., announced a voluntary recall of about 17,500 Zippo Slatkin & Co. Candle Lighters. Consumers should stop using recalled products immediately unless otherwise instructed. The recalled candle lighters can produce an excessive flame when adjusted to maximum flame setting, posing a burn hazard to consumers. No incidents or injuries have been reported. This recall involves the Zippo Slatkin & Co. candle lighters with date codes G09 or H09. The lighters are finished in high-polish chrome or white with a chrome nozzle. The lighter uses refillable butane fuel and measures 6.5 inches long and 1 inch wide. The date code is embossed on the black adjuster knob located on the end of the lighter (opposite to the nozzle). "Slatkin & Co." and "Zippo" are printed on the packaging. "Zippo" is also embossed on the product. Pictures of the recalled product are available at: http://www.cpsc.gov/cpscpub/prerel/prhtml10/10124.html The recalled candle lighters were manufactured in China and aold at Bath & Body Works and White Barn Candle stores nationwide and online in November 2009 for about $10. Consumers should immediately stop using this product and contact Zippo for information on returning the black adjuster knob and receiving a free replacement Zippo candle lighter. For additional information, please contact Zippo at (800) 320-7490 between 8:30 a.m. and 4:30 p.m., Eastern Time, Monday through Friday, or visit the firm's Web site at http://www.Zippominimplrecall.com/ Asbestos Litigation ASBESTOS ALERT: Rubinstein's Fined for Cleanup Breaches at Bend --------------------------------------------------------------- The Oregon Department of Environmental Quality fined Rubenstein's Contract Carpet LLC US$1,800 for allowing unlicensed persons to perform an asbestos abatement project at Bend Senior High School last September 2009, according to an Oregon DEQ press release dated Jan. 25, 2010. The Eugene, Ore.-based Company is a commercial flooring contractor with offices throughout Oregon and Washington. DEQ reported that on Sept. 3. 2009, Rubenstein's subcontractors used scrapers and putty knives to remove 20 square feet of asbestos-containing floor tile at Bend Senior High School, 230 NE Sixth St. in Bend, Ore. Neither Rubinstein's nor its subcontractors were certified or licensed by DEQ to perform asbestos abatement projects. The subcontractors broke up the asbestos-containing flooring materials and did not comply with applicable asbestos regulations. This had the potential to cause a release of asbestos fibers to the atmosphere. In addition to assessing the penalty for unlicensed asbestos work, DEQ cited Rubinstein's for openly accumulating asbestos- containing waste. The subcontractors had improperly packaged and labeled the asbestos waste and allowed it to be disposed of in a garbage bin outside the high school. DEQ did not issue a penalty for this violation. Rubenstein's Contract Carpet LLC appealed the penalty in late December 2009. ASBESTOS UPDATE: PPG Ind. Still Has $534M Settlement at Dec. 31 --------------------------------------------------------------- PPG Industries, Inc.'s asbestos settlement (under current liabilities is still at US$534 million as of Dec. 31, 2009, the same as for the period ended Sept. 30, 2009, according to a Company press release filed with the U.S. Securities and Exchange Commission on Jan. 21, 2010. During the year ended Dec. 31, 2008, the Company's asbestos settlement (under current liabilities) was US$491 million. Net asbestos settlement expense was US$2 million during the fourth quarter of 2009, and net asbestos settlement income was US$3 million during the fourth quarter of 2008. Net asbestos settlement expense was US$8 million during the full year of 2009, compared with US$2 million during the full year of 2008. Net asbestos settlement was US$3 million during the three months ended Dec. 31, 2009, compared with US$5 million during the three months ended Dec. 31, 2008. Net asbestos settlement was US$13 million during the year ended Dec. 31, 2009, compared with US$4 million during the year ended Dec. 31, 2008. Headquartered in Pittsburgh, PPG Industries, Inc. supplies paints, coatings, optical products, specialty materials, chemicals, glass and fiber glass. The Company has more than 140 manufacturing facilities and equity affiliates and operates in more than 60 countries. Sales in 2009 were US$12.2 billion. ASBESTOS UPDATE: Trial in Buckles Lawsuit Scheduled for Feb. 12 --------------------------------------------------------------- Trial in a lawsuit regarding Judy Buckles' asbestos legal malpractice case against the law firm of Hopkins Goldenberg is slated for Feb. 12, 2010 in Madison County Circuit Court, Ill., The Madison St. Clair Record reports. Madison County Circuit Judge Barbara Crowder must determine to handle the witness in the Feb. 12, 2010 trial. Mrs. Buckles, who claims Hopkins Goldenberg mismanaged her late husband's asbestos exposure suit, has scheduled a deposition of the firm on Feb. 2, 2010. The firm, now Goldenberg, Heller, Antognoli, Rowland, Short and Gori, moved on Jan. 8, 2010 to quash the deposition notice. Michael Hannigan of Geneva, Ill., wrote, "Plaintiff has not previously disclosed the unnamed, proposed deponent of the present notice as a witness in this case." Mr. Hannigan added, "Unless plaintiff can identify a specific witness that has previously been properly disclosed, that has not previously been deposed and would not otherwise be available to testify at the scheduled trial on this matter, the present notice is improper." Mr. Hannigan wrote that Mrs. Buckles has already deposed former partners John Hopkins, Esq., and Mark Goldenberg, Esq., five other lawyers and the firm's former office manager. Roy Dripps, Esq., of Armbruster, Dripps, Winterscheidt and Blotevogel in Alton, Ill., filed the notice for Mrs. Buckles on Dec. 29, 2009. Mr. Dripps asked the defense to designate one or more persons to testify about the asbestos case and a decision to transfer it to John Simmons when he left the firm in 2000. Mr. Dripps asked for the identity of every defendant that remained viable after the firm terminated its representation of Mrs. Buckles. Mr. Dripps asked for descriptions of evidence the firm generated for exposure of the late Lewis Buckles to products containing asbestos. Mr. Dripps asked for a description of each mesothelioma death case the firm has settled, the identity of each settling defendant and the amount paid. Mr. Dripps asked for each and every reason that the firm dismissed each defendant in the Buckles case. Mrs. Buckles filed the suit in 2001, dismissed it, and re-filed it in 2006. ASBESTOS UPDATE: Los Angeles Court Favors Lorillard in Cox Claim ---------------------------------------------------------------- A Los Angeles state court jury, on Jan. 19, 2010, returned a defense verdict for Lorillard Tobacco Company in an asbestos case filed by mesothelioma victim Robert Cox and his wife Roberta Cox, The AM Law Litigation Daily reports. The Cox couple sought US$15 million. Lorillard's Kent brand was made with asbestos filters from 1952 to 1956. The jury found that although Mr. Cox established that he smoked Kent cigarettes, Lorillard was not negligent, had not failed to warn of any known danger associated with the cigarettes, and that the cigarettes did not contain a design defect. The jury also returned a defense verdict for Hollingsworth Vose, which made the asbestos filter paper. According to Lorillard attorney David Thorne, Esq., this is the sixth consecutive Kent filter case that his firm, Shook Hardy & Bacon, has won for Lorillard. Of the 19 that they have taken to trial, they have won 15. Mr. Thorne estimates that fewer than 30 of these cases remain. Mr. Thorne was assisted by Shook Hardy's James Berger, Esq., and Randy Haimovici, Esq., along with Ricardo Cedillo, Esq., of San Antonio's Davis, Cedillo & Mendoza. Andrew McElaney, Esq., of Nutter, McClennen & Fish represented Hollingsworth Vose. Mr. Thorne argued that Mr. Cox could have contracted mesothelioma from his job as an HVAC repairman and from asbestos left on the clothes of his father, who worked at a shipyard. Mr. Thorne also explained that during the 1950s, asbestos was commonly used in filters for a range of products, including hospital masks, and that Lorillard used it to try to reduce smokers' exposure to tar and nicotine. Mr. Thorne added, "When a jury hears the state of knowledge in the fifties, and that Lorillard was trying to do a good thing, it takes on a whole new light." ASBESTOS UPDATE: Cleanup, Demolition of BCMHC to Cost Nearly $1M ---------------------------------------------------------------- The asbestos abatement and demolition of the Brown County Mental Health Center (BCMHC) in Brown County, Wis., is estimated to cost nearly US$1 million, Mesothelioma reports. BCMHC, located at 2900 Saint Anthony Drive in Green Bay, was home to three elder care units, two developmentally disabled adult units, an adult psychiatric care unit and a juvenile psychiatric unit, as well as outpatient clinics for substance abuse, mental health evaluations and emergency care. In all, 150 residents and an estimated 12,000 outpatients annually received treatment in the 123-year old building. However, Pat Evans, Brown County Human Services Committee chairman, believes the only way to make the property safe is to take it down: renovation and repurposing are not solutions, given the heritage of asbestos inside its walls. The BCMHC has large amounts of asbestos, in the boiler insulation and boiler pipe wrap, as well as in wall insulation, ceiling insulation and soundproofing, floor tiles and mastics, and even the insulation caulk installed around wind and door frames. Demolition of the BCMHC would not seriously impact area residents, because in October 2009, Brown County built a new mental health center, the US$21-million Community Treatment Center at 3150 Gershwin Drive. While smaller than the BCMHC, this LEED-certified center includes a 63-bed nursing home, a fully funded adult and adolescent psychiatric unit, and an outpatient clinic. ASBESTOS UPDATE: Swales Widow Seeking Help in Compensation Claim ---------------------------------------------------------------- Audrey Swales, the widow of Deryk Swales, of Worsthorne, Burnley, England, is appealing for Mr. Swales' past workmates to get in touch so she can fight for justice, the Burnley Express reports. Mr. Swales, who in 2009, died at the age of 79 from asbestosis. He had lived for most of his life in Burnley and worked at the English Electrical Company (now British Aerospace) and at hospital sites in the area. Solicitor Katrina London, of law firm Irwin Mitchell, represents Mrs. Swales. She said, "Audrey believes Deryk was exposed to asbestos during the course of his working life at the English Electrical Company and Burnley hospitals during the '50s, '60s and '70s, and we would like to hear from anyone who worked with and knew Deryk Swales at either of these locations." Mr. Swales worked as an engineer and aircraft fitter for English Electric Company Ltd between 1958 and 1968. He worked on Lightning aero planes at premises in Clayton-Le-Moors and Samlesbury, where Mrs. Swales remembers him commenting on being exposed to asbestos. Later, between about 1968 and 1973, Mr. Swales was employed as an engineer at hospitals in the Burnley area, covering every premises in the group at that time - the General, Victoria, Bank Hall and the Marsden in Burnley, Reedyford Hospital, Nelson, and Hartley Hospital, Colne. His work involved maintaining theater equipment, sterilization units and the fabric of the buildings. Ms. London said it was hoped other employees of English Electric Company Ltd and Burnley General Hospital will be able to shed light on how asbestos was used during Mr. Swales' employment. ASBESTOS UPDATE: Workers Exposed to Hazard at Gorgon, Tests Show ---------------------------------------------------------------- UnionsWA secretary Simone McGurk, on Jan. 21, 2010, said that laboratory testing of samples around the Gorgon gas project area on Barrow Island, off Western Australia, came back positive for blue and white asbestos, therefore exposing workers to the hazard, The Sunday Times reports. UnionsWA and the Maritime Union of Australia say Gorgon joint venture leader Chevron Corporation failed to warn workers they were carrying drums that contained asbestos and which spilled during the clearing operation. Ms. McGurk said the biggest concern was for workers who may have been exposed to fibers. She said, "Unions raised this issue with Chevron over a week ago, but so far there has been no response." MUA secretary Chris Cain said workers handled some drums that were not marked or sealed properly and had not been warned about their deadly cargo. He said, "It seems that asbestos has spilled onto the pallets and the dirt surrounding the work area." A Chevron spokeswoman said the unions were aware that as part of the Barrow Island clearing process, asbestos had been put into plastic and then into sealed and marked drums. She said the Company's investigations into the matter had to cover a number of contractors involved in the collection and remediation process. Ms. McGurk said unions were also critical of the response by WorkSafe, whose officers had taken a week to get to the site. She said further testing around Gorgon's loading and supply base facilities in Dampier, Western Australia, had also revealed the presence of asbestos. ASBESTOS UPDATE: Appeal Court Affirms Dismissal of Gonzalez Case ---------------------------------------------------------------- The Appeals Court of Massachusetts affirmed the ruling of the Superior Court in Massachusetts, which dismissed Ramon Gonzalez's claim involving asbestos abatement filed against DEC-TAM and other defendants. The case is styled Ramon Gonzalez v. Steve Johnson & others. Judges Janis M. Berry, R. Malcolm Graham and William J. Meade entered judgment in Case No. 09-P-472 on Dec. 21, 2009. Mr. Gonzalez filed a negligence action against those responsible for supervision and management of a construction site in Connecticut after he sustained injuries while working at the site. A Superior Court judge allowed the defendants' motion to dismiss, finding that Mr. Gonzalez's claim was barred by Connecticut's statute of limitations applicable to negligence claims. Mr. Gonzalez was injured on Aug. 29, 2004, while he was performing asbestos removal work in Connecticut. At the time of the injury, he was working for Methuen Abatement Staffing, Inc., which defendant DEC-TAM engaged to conduct the asbestos removal. On Aug. 11, 2006, Mr. Gonzalez filed a complaint in the Superior Court in Massachusetts naming himself and his minor children as plaintiffs. The judge found that Connecticut law applied, and dismissed the complaint because it was not served on the defendants by Aug. 29, 2006. ASBESTOS UPDATE: Fla. Court Reverses Ruling in Guilder's Lawsuit ---------------------------------------------------------------- The District Court of Appeal of Florida, Third District, reversed the ruling of the Circuit Court for Miami-Dade County, which awarded Stephen Guilder and his children damages totaling US$24.17 million, for injuries sustained from asbestos exposure. The case is styled Honeywell International, Inc., etc., Appellant v. Stephen Guilder, et al., Appellees. Judges David M. Gersten, Leslie B. Rothenberg and Barbara Lagoa entered judgment in Case No. 3D08-1747 on Dec. 23, 2009. Honeywell International, Inc. appealed an adverse final judgment awarding Mr. Guilder and his children damages in the amount of US$24.14 million for injuries sustained from asbestos exposure. In the 1970s and 1980s, Mr. Guilder was exposed to chrysotile asbestos when he: remodeled an attic, worked as a road construction worker, and repaired automobiles. More than 20 years later, he developed peritoneal mesothelioma. Mr. Guilder sued Honeywell, as the successor manufacturer of Bendix brake pads, Honda, BorgWarner, and several other defendants that settled before trial, for injuries sustained from asbestos exposure. Mr. Guilder sought to link his disease to his brief exposures to asbestos. Shortly before trial, Honeywell filed various motions in limine. One motion sought to exclude or redact a Bendix employee's letter to an asbestos supplier written in the late 1960s on grounds of relevance. The trial judge denied this motion. The case then proceeded to trial. After Honeywell rested, Mr. Guilder moved for directed verdict on Honeywell's claim that the verdict form should include various third parties, like Honda and BorgWarner, as Fabre defendants. The trial judge granted the motion and did not include the Fabre defendants on the verdict form. The jury awarded Mr. Guilder over US$24 million in damages, which included US$10.4 million for Mr. Guilder's children for loss of parental consortium. After trial, Honeywell moved for a new trial, or in the alternative for judgment in accordance with the prior motion for directed verdict and/or motion for remittitur. Honeywell also moved to alter or amend the judgment and for collateral source setoff. The trial judge denied all post-trial motions. Honeywell appealed. The matter was remanded for a new trial. ASBESTOS UPDATE: Goodyear Summary Judgment in Dombek Case Denied ---------------------------------------------------------------- The Superior Court of Connecticut, Judicial District of Fairfield, denied The Goodyear Tire and Rubber Company's Motion for Summary Judgment in an asbestos case styled Lucy Dombek, Executrix of the Estate of John Dombek et al. v. A.W. Chesterton Co. et al. Judge David W. Skolnick entered judgment in Case No. FBTCV065005600S on Nov. 25, 2009. Goodyear moved for summary judgment on the claim that no Goodyear product containing asbestos has been identified as a product with which John Dombek came into contact while working as a mechanical designer and eventually a senior designer at United Technologies Research Center (UTC) in East Hartford, Conn., from 1950 until his retirement in 1977. Mr. Dombek then returned to work in 1979 as an independent contractor at UTC and worked from 1982 to 1988. ASBESTOS UPDATE: H.B. Fuller Settles 7 Exposure Cases at Nov. 28 ---------------------------------------------------------------- H.B. Fuller Company settled seven asbestos-related lawsuits and claims during the year ended Nov. 28, 2009, compared with five lawsuits and claims during the year ended Nov. 29, 2008, according to the Company's annual report filed with the U.S. Securities and Exchange Commission on Jan. 22, 2010. During the years ended Nov. 28, 2009 and Nov. 29, 2008, the Company reached settlements of US$800,000. The Company also recorded US$600,000 as insurance payments received or expected to be received. The Company has been named as a defendant in lawsuits in which plaintiffs have alleged injury due to products containing asbestos manufactured more than 25 years ago. The plaintiffs bring these lawsuits against multiple defendants and seek damages (both actual and punitive) in very large amounts. During the fourth quarter of 2007, the Company and a group of other defendants entered into negotiations with certain law firms to settle a number of asbestos-related lawsuits and claims over a period of years. In total, the Company expects to contribute up to US$4.1 million towards the settlement amount to be paid to the claimants in exchange for a full release of claims. Of this amount, the Company's insurers have committed to pay US$2 million based on a probable liability of US$4.1 million. In 2009, US$1.1 million was paid toward this settlement, with the Company's insurers paying US$500,000 of that amount. Given that the remaining settlement payouts are expected to occur over a period of years and that the accrual is based on the maximum number of cases to be settled, the Company applied a present value approach and has accrued US$2.9 million and recorded a receivable of US$1.5 million as of Nov. 28, 2009. The Company's probable liabilities related to asbestos claims were US$3.5 million as of Nov. 28, 2009. Headquartered in St. Paul, Minn., H.B. Fuller Company formulates, manufactures and markets adhesives, sealants, paints and other specialty chemical products. ASBESTOS UPDATE: Crane Has $730MM Long-Term Liability at Dec. 31 ---------------------------------------------------------------- Crane Co.'s long-term asbestos liability amounted to US$730,013,000 as of Dec. 31, 2009, compared with US$839,496,000 as of Dec. 31, 2008, according to a Company report filed on Jan. 26, 2010 by the U.S. Securities and Exchange Commission. The Company's long-term asbestos liability was US$760,184,000 as of Sept. 30, 2009. (Class Action Reporter, Oct. 30, 2009) The Company's current asbestos liability amounted to US$91 million as of both Dec. 31, 2009 and Dec. 31, 2008. The Company's long-term asbestos insurance receivable amounted to US$213,004,000 as of Dec. 31, 2009, compared with US$260,660,000 as of Dec. 31, 2008. The Company's current asbestos insurance receivable amounted to US$35.3 million as of Dec. 31, 2009, compared with US$41.3 million as of Dec. 31, 2008. Asbestos-related payments, net of insurance recoveries, were US$21,039,000 during the three months ended Dec. 31, 2009, compared with US$23,168,000 during the three months ended Dec. 31, 2008. Asbestos-related payments, net of insurance recoveries, were US$55,827,000 during the 12 months ended Dec. 31, 2009, compared with US$58,083,000 during the 12 months ended Dec. 31, 2008. Headquartered in Stamford, Conn., Crane Co. manufactures highly engineered industrial products. The Company provides products and solutions to customers in the aerospace, electronics, hydrocarbon processing, petrochemical, chemical, power generation, automated merchandising, transportation and other markets. ASBESTOS UPDATE: Crane Co. Has 66,341 Pending Claims at Dec. 31 --------------------------------------------------------------- Crane Co. faced 66,341 asbestos claims as of Dec. 31, 2009, compared with 74,872 claims as of Dec. 31, 2008, according to a Company report, on Form 8-K, filed on Jan. 26, 2010 by the U.S. Securities and Exchange Commission. The Company faced 70,282 asbestos claims as of Sept. 30, 2009, compared with 76,181 claims as of Sept. 30, 2008. (Class Action Reporter, Oct. 30, 2009) As of Dec. 31, 2008, the Company noted 3,664 new claims, 1,024 settlements and 11,171 dismissals. As of Dec. 31, 2008, the Company noted 4,671 new claims, 1,236 settlements, and 9,562 dismissals. Of the 66,341 pending claims as of Dec. 31, 2009, about 25,100 claims were pending in New York, about 14,200 claims were pending in Mississippi, about 9,900 claims were pending in Texas and about 2,100 claims were pending in Ohio. Substantially all of the claims the Company resolves are either dismissed or concluded through settlements. To date, the Company has paid two judgments arising from adverse jury verdicts in an asbestos matter. The first payment, in the amount of US$2.54 million, was made on July 14, 2008, about two years after the adverse verdict, in the Joseph Norris matter in California, after the Company had exhausted all post-trial and appellate remedies. The second payment in the amount of US$20,000 was made in June 2009 after an adverse verdict in the Earl Haupt case in Los Angeles on April 21, 2009. During the fourth quarter of 2007 and the first quarter of 2008, the Company tried several cases resulting in defense verdicts by the jury or directed verdicts for the defense by the court. Headquartered in Stamford, Conn., Crane Co. manufactures highly engineered industrial products. The Company provides products and solutions to customers in the aerospace, electronics, hydrocarbon processing, petrochemical, chemical, power generation, automated merchandising, transportation and other markets. ASBESTOS UPDATE: Court Accepts Review of O'Neil Case on Dec. 23 --------------------------------------------------------------- Crane Co. says that, on Dec. 23, 2009, the Supreme Court of California accepted review of the Patrick O'Neil asbestos claim against the Company, according to a Company report, on Form 8-K, filed on Jan. 26, 2010 by the U.S. Securities and Exchange Commission. In Los Angeles, the O'Neil claim was reversed on appeal and is currently the subject of further appellate proceedings before the Supreme Court. Headquartered in Stamford, Conn., Crane Co. manufactures highly engineered industrial products. The Company provides products and solutions to customers in the aerospace, electronics, hydrocarbon processing, petrochemical, chemical, power generation, automated merchandising, transportation and other markets. ASBESTOS UPDATE: Crane Co. Still Mulls Appeal in Baccus Verdict --------------------------------------------------------------- Crane Co. still intends to pursue all available right to appeal a verdict in favor of James Baccus, according to a Company report, on Form 8-K, filed on Jan. 26, 2010 by the U.S. Securities and Exchange Commission. On March 14, 2008, the Company received an adverse verdict in the James Baccus claim in Philadelphia, with compensatory damages of US$2.45 million and additional damages of US$11.9 million. The Company's post-trial motions were denied by order dated Jan. 5, 2009. Headquartered in Stamford, Conn., Crane Co. manufactures highly engineered industrial products. The Company provides products and solutions to customers in the aerospace, electronics, hydrocarbon processing, petrochemical, chemical, power generation, automated merchandising, transportation and other markets. ASBESTOS UPDATE: Crane Co.'s Appeal in Brewer Case Still Pending ---------------------------------------------------------------- Crane Co. is still pursuing an appeal in the Chief Brewer asbestos-related claim, according to a Company report, on Form 8- K, filed on Jan. 26, 2010 by the U.S. Securities and Exchange Commission. On May 16, 2008, the Company received an adverse verdict in the Chief Brewer claim in Los Angeles. The amount of the judgment entered was US$680,000 plus interest and costs. Headquartered in Stamford, Conn., Crane Co. manufactures highly engineered industrial products. The Company provides products and solutions to customers in the aerospace, electronics, hydrocarbon processing, petrochemical, chemical, power generation, automated merchandising, transportation and other markets. ASBESTOS UPDATE: Plaintiffs' Appeal in Woodard v. Crane Pending --------------------------------------------------------------- Plaintiffs' appeal over a ruling in favor of Crane Co., in the Dennis Woodard asbestos claim, continues to be pending. On Feb. 2, 2009, the Company received an adverse verdict in the Dennis Woodard claim in Los Angeles. The jury found that the Company was responsible for one-half of one percent (0.5 percent) of plaintiffs' damages of US$16.93 million. However, based on California court rules on allocation and damages, judgment was entered against the Company in the amount of US$1.65 million, plus costs. Following entry of judgment, the Company filed a motion with the trial court requesting judgment in the Company's favor notwithstanding the jury's verdict. On June 30, 2009 the court advised that the Company's motion was granted and judgment was entered in favor of the Company. Headquartered in Stamford, Conn., Crane Co. manufactures highly engineered industrial products. The Company provides products and solutions to customers in the aerospace, electronics, hydrocarbon processing, petrochemical, chemical, power generation, automated merchandising, transportation and other markets. ASBESTOS UPDATE: Crane Incurs $110.1Mil for Settlement, Defense --------------------------------------------------------------- Crane Co.'s gross settlement and defense costs incurred (before insurance recoveries and tax effects) totaled US$110.1 million for the year ended Dec. 31, 2009 and US$97.1 million for the year ended Dec. 31, 2008, according to a Company report, on Form 8-K, filed on Jan. 26, 2010 by the U.S. Securities and Exchange Commission. The Company's gross settlement and defense costs incurred (before insurance recoveries and tax effects) were US$86.1 million in the nine-month period ended Sept. 30, 2009 and US$71.1 million in the nine-month period ended Sept. 30, 2008. (Class Action Reporter, Oct. 30, 2009) Cumulatively to date through Dec. 31, 2009, the Company has resolved (by settlement or dismissal) about 62,300 claims. The related settlement cost incurred by the Company and its insurance carriers is about US$228 million, for an average cost per resolved claim of US$3,654. The average cost per claim resolved was US$4,781 during the year ended Dec. 31, 2009 and US$4,186 during the year ended Dec. 31, 2008. Headquartered in Stamford, Conn., Crane Co. manufactures highly engineered industrial products. The Company provides products and solutions to customers in the aerospace, electronics, hydrocarbon processing, petrochemical, chemical, power generation, automated merchandising, transportation and other markets. ASBESTOS UPDATE: Ashland Has $906M for Claims Reserve at Dec. 31 ---------------------------------------------------------------- Ashland Inc.'s noncurrent asbestos litigation reserve was US$906 million as of Dec. 31, 2009, compared with US$807 million as of Dec. 31, 2008, according to a Company press release dated Jan. 26, 2010. The Company's noncurrent asbestos insurance receivable was US$484 million as of Dec. 31, 2009, compared with US$447 million as of Dec. 31, 2008. Headquartered in Covington, Ky., Ashland Inc. provides specialty chemical products, services and solutions for many of the world's most essential industries. It operates through five commercial units: Ashland Aqualon Functional Ingredients, Ashland Hercules Water Technologies, Ashland Performance Materials, Ashland Consumer Markets (Valvoline) and Ashland Distribution. ASBESTOS UPDATE: Corning Cites $5M Litigation Charge at Dec. 31 --------------------------------------------------------------- Corning Incorporated, in the fourth quarter of 2009, recorded charges of US$5 million (US$3 million after-tax) to adjust the asbestos litigation liability for the change in value of the components of the Amended Pittsburgh Corning Corporation (PCC) Plan of Reorganization. In the third quarter of 2009, the Company recorded charges of US$6 million (US$4 million after-tax) to adjust the asbestos litigation liability for the change in value of the components of the Amended PCC Plan. (Class Action Reporter, Oct. 30, 2009) On March 28, 2003, the Company announced that it had reached agreement with the representatives of asbestos claimants for the settlement of all current and future asbestos claims against the Company and PCC that might arise from PCC products or operations (the 2003 Plan). On Dec. 21, 2006, the Bankruptcy Court issued an order denying confirmation of the 2003 Plan. On Jan. 10, 2008, some of the parties in the proceeding advised the Bankruptcy Court that they had made substantial progress on an amended plan of reorganization (the Amended PCC Plan) that resolved issues raised by the Court in denying the confirmation of the 2003 Plan. As a result of progress in the parties' continuing negotiations, the Company said it believes the Amended PCC Plan now represents the most probable outcome of this matter and the probability that the 2003 plan will become effective has diminished. The proposed settlement under the Amended PCC Plan requires the Company to contribute its equity interest in PCC and Pittsburgh Corning Europe, N.V. (PCE) and to contribute a fixed series of cash payments recorded at present value. The Company will have the option to contribute shares rather than cash, but the liability is fixed by dollar value and not number of shares. As a result, the estimated asbestos litigation liability is no longer impacted by movements in the value of Corning common stock. The Amended PCC Plan does not include non-PCC asbestos claims that may be or have been raised against the Company. The Company has recorded an additional amount for such claims in its estimated asbestos litigation liability. Asbestos litigation charge was US$5 million during the three months ended Dec. 31, 2009. Asbestos litigation credit was US$28 million during the three months ended Dec. 31, 2008. Asbestos litigation charge was US$20 million during the year ended Dec. 31, 2009. Asbestos litigation credit was US$340 million during the year ended Dec. 31, 2008. Headquartered in Corning, N.Y., Corning Incorporated produces specialty glass and ceramics. The Company creates and makes keystone components that enable high-technology systems for consumer electronics, mobile emissions control, telecommunications and life sciences. ASBESTOS UPDATE: Miller Case v. 53 Firms Filed Jan. 14 in W.Va. --------------------------------------------------------------- An asbestos lawsuit styled Charles Ronald Miller and Nola A. Miller vs. A.K. Steel Corporation, A.W. Chesterton Company, Amdura Corporation, et al. was filed on Jan. 14, 2010 in Kanawha County Circuit Court, W.Va., The West Virginia Record reports. Charles Roland Miller worked for the 53 defendants throughout his career and was diagnosed with lung cancer on Sept. 18, 2009. He claims he smoked one and one-half packs of cigarettes per day from the late 1960s until 1991. The Millers claim the defendants caused Mr. Miller's lung cancer. They are seeking for a trial by jury to resolve all issues concerning their asbestos-related case. Cindy J. Kiblinger, Esq., and Victoria Antion, Esq., represent the Millers in Case No.: 10-C-0079. The case is assigned to a visiting judge. ASBESTOS UPDATE: Minister Criticized on Brisbane School Incident --------------------------------------------------------------- The Queensland opposition has accused state Education Minister Geoff Wilson of misleading parliament over an asbestos issue at the Indooroopilly State High School in Brisbane, Australia, The Sydney Morning Herald reports. Indooroopilly MP Scott Emerson has asked Speaker John Mickel to investigate what he says is conflicting information Mr. Wilson gave about inspections at the school. Mr. Emerson said that when Mr. Wilson was asked in parliament in December 2009 when the school was last inspected he replied it was in March 2009. However, in a later media statement, Mr. Wilson said an inspection was carried out in mid-November 2009, Mr. Emerson said. He added, "Queensland parents, their children and school staff expect the Bligh government will be accurate and honest when answering questions in parliament, especially on matters as potentially dangerous as asbestos." ASBESTOS UPDATE: Replacement of County Kerry Pipes Costs EUR30M --------------------------------------------------------------- The replacement of asbestos water mains in County Kerry, Ireland, is estimated to cost more than EUR30 million, the Irish Examiner reports. About 304 kilometers (11.25 percent of the total) of asbestos pipes in are found in Kerry County Council's network of water mains. Councilor Michael Gleeson said many of the pipes were more than 30-years-old, an age at which they could deteriorate rapidly. He said breaks were occurring frequently in some areas, especially in Fossa, Killarney, with staff being called to repair leaks to a degree that was embarrassing for everyone. According to a report from council's water department, the average age of the asbestos pipes is 35 years and a small proportion of the network is prone to bursts, or significant leaks. Engineers have estimated that up to 40 percent of water in public supplies throughout Kerry is wasted. ASBESTOS UPDATE: Dobson Family Seeking Info to Help Launch Case --------------------------------------------------------------- The family of Sheila Dobson, a Leeds, England, woman who died from mesothelioma, seeks information about her employment with Leeds County Council, the Yorkshire Evening Post reports. In October 2009, Mrs. Dobson died at the age of 59. She left behind her second husband, three children and four grandchildren. She was believed to have been exposed to asbestos when she worked as an office junior for Leeds Education Department Youth Employment Office. She worked in the Old Education Building on Great George Street from 1967 until 1971. The Dobson family is pursuing compensation. They are asking anyone who worked for the Youth Employment Office in Leeds from 1967 to 1971 to come forward. They are interested in information about any building work or renovations carried out at the Great George Street premises between 1967 and 1971. Marion Voss of Thompsons solicitors said, "In order to build up an accurate picture of Mrs. Dobson's exposure to asbestos it is important we speak to anyone who can recall working in the Old Education Building on Great George Street between 1967 and 1971." ASBESTOS UPDATE: Pending Cases v. Mallinckrodt at 11T in Dec. 25 ---------------------------------------------------------------- As of Dec. 25, 2009, about 11,000 asbestos liability cases were pending against Covidien Public Limited Company's subsidiary, Mallinckrodt Inc., according to the Company's quarterly report filed on Jan. 26, 2010 by the U.S. Securities and Exchange Commission. Mallinckrodt Inc. faced about 10,900 pending asbestos liability cases as of Sept. 25, 2009. (Class Action Reporter, Nov. 27, 2009) Mallinckrodt is named as a defendant in personal injury lawsuits based on alleged exposure to asbestos-containing materials. Most of the cases involve product liability claims, based principally on allegations of past distribution of products incorporating asbestos. A limited number of the cases allege premises liability, based on claims that individuals were exposed to asbestos while on Mallinckrodt's property. Each case typically names dozens of corporate defendants in addition to Mallinckrodt. The complaints generally seek monetary damages for personal injury or bodily injury resulting from alleged exposure to products containing asbestos. The Company's involvement in asbestos cases has been limited because Mallinckrodt did not mine or produce asbestos. Furthermore, in the Company's experience, a large percentage of these claims were never substantiated and have been dismissed by the courts. The Company has not suffered an adverse verdict in a trial court proceeding related to asbestos claims. When appropriate, the Company settles claims. However, amounts paid to settle and defend all asbestos claims have been immaterial. Headquartered in Dublin, Covidien Public Limited Company develops, manufactures and sells healthcare products for use in clinical and home settings. The Company operates its business through the following three segments: Medical Devices, Pharmaceuticals, and Medical Supplies. ASBESTOS UPDATE: Sealy Records $200T ARO at European Facilities --------------------------------------------------------------- Sealy Corporation has recognized an asset retirement obligation of US$200,000 for the remaining asbestos in its European facilities, according to the Company's annual report filed on Jan. 25, 2010 by the U.S. Securities and Exchange Commission. The Company owns certain factories that contain asbestos. Current regulations require that the Company remove and dispose of asbestos if the factory undergoes major renovations or is demolished. Although the Company is not required to remove the asbestos unless renovation or demolition occurs, it is required to monitor and ensure that it remains stable and is required to notify any potential buyer of its existence. In fiscal 2007, the Company removed asbestos at a European facility. COMPANY PROFILE: Sealy Corporation Sealy Drive One Office Parkway Trinity, N.C. 27370 Tel. No.: (336) 861-3500 Description: Sealy Corporation manufactures and markets bedding products, including mattresses and mattress foundations. The Company also manufactures and markets specialty (non-innerspring) latex and visco-elastic bedding products under the PurEmbrace, TrueForm, SpringFree, Stearns & Foster, Reflexions, Carrington Chase, and MirrorForm brand names. ASBESTOS UPDATE: 12 Actions Filed From Jan. 11-15 in Madison Co. ---------------------------------------------------------------- During the week of Jan. 11, 2010 through Jan. 15, 2010, about 12 new asbestos-related lawsuits were filed in Madison County Circuit Court, The Madison St. Clair Record reports. These cases are: -- (Case No. 10-L-24) Elizabeth E. and Gary R. Batteiger of Missouri claim Mrs. Batteiger developed lung cancer after being secondarily exposed to asbestos fibers through her husband, who was a member of The Heat and Frost Insulators' Local #1. The Elizabeth V. Heller, Esq., and Robert Rowland, Esq., of Goldenberg, Heller, Antognoli and Rowland in Edwardsville, Ill., will represent the Batteigers. -- (Case No. 10-L-38) Flora Bonar of Louisiana claims her deceased husband, Donald Bonar, developed mesothelioma after his work as a radio technician. Robert Phillips, Esq., and Perry J. Browder, Esq., of Simmons, Browder, Gianaris, Angelides and Barnerd in East Alton, Ill., will represent Mrs. Bonar. -- (Case No. 10-L-35) Marvin Carr of Indiana alleges his deceased wife, Judith Ann Carr, developed lung cancer after her work as a laborer and home remodeler. Robert Phillips, Esq., and Perry J. Browder, Esq., of Simmons, Browder, Gianaris, Angelides and Barnerd in East Alton, Ill., will represent Mr. Carr. -- (Case No. 10-L-26) Sheila Dickeson of Alabama claims her deceased father, Enoch Duncan, developed malignant mesothelioma after his work as a doffer and laborer for Profile Cotton Mills; as a laborer for Lee Brothers Foundry; as a carpenter for O.W. Powers; as a doffer and laborer for Union Yarn Mills; as a brick mason for W. Ernest Rhodes; as a self-employed brick mason; as a brick mason for Bruce Smith Masonry; and as a brick mason for Troy Spurlin. Elizabeth V. Heller, Esq., and Robert Rowland, Esq., of Goldenberg, Heller, Antognoli and Rowland in Edwardsville, Ill., will represent Mrs. Dickeson. -- (Case No. 10-L-25) Danny and Charlsie Elling of Oklahoma claim Mr. Elling developed lung cancer after his work as a plumber at Archie Dupler Plumbing; as a carpenter for Jones Byrnes Construction; as a plumber, pipefitter and laborer for Globe Construction; as a plumber and pipefitter for Weatherby Godby Construction; as a plumber and pipefitter for Ivey Plumbing and Electrical; as a plumber and pipefitter for Republic Mechanical; as a plumber and pipefitter for L&S Mechanical; as a plumber and pipefitter for Adair Plumbing and Heating; as a project supervisor for Advance Enterprises; and as a self-employed shade tree mechanic. Elizabeth V. Heller, Esq., and Robert Rowland, Esq., of Goldenberg, Heller, Antognoli and Rowland in Edwardsville, Ill., will represent Mrs. Elling. -- (Case No. 10-L-36) Marcell F. Jones of Illinois claims her deceased husband, John H. Jones Sr., developed lung cancer after his work as a laborer and maintenance worker. Robert Phillips, Esq., and Perry J. Browder, Esq., of Simmons, Browder, Gianaris, Angelides and Barnerd in East Alton, Ill., will represent Mrs. Jones. -- (Case No. 10-L-29) Ventura and Rosa Maria Lopez of California Mr. Lopez developed mesothelioma after his work as a sanitation worker, laborer, mechanic and foreman and as a mechanic at Soco Gas Company. Randy L. Gori, Esq., of Gori, Julian and Associates in Edwardsville, Ill., will represent the Lopezes. -- (Case No. 10-L-27) Cora McGinn of Alabama alleges her deceased husband, Stanley McGinn, developed mesothelioma after his work as a maintenance and repairman at Sears. Randy L. Gori, Esq., of Gori, Julian and Associates in Edwardsville, Ill., will represent Mrs. McGinn. -- (Case No. 10-L-28) John J. Meyer Jr. and Kristian Marie Meyer of Iowa allege Mr. Meyer developed mesothelioma after his work as a general laborer in a machine shop; as a laborer for a service station; as a gas furnace installer and remover for Smith Plumbing and Heating; as a 10-foot boring mill operator at Hydro-Tile; as a teletype operator and maintenance worker for the U.S. Army; as a tire and muffler changer at Sears; and as a boiler and refrigeration systems maintenance man at Sara Lee. Randy L. Gori, Esq., of Gori, Julian and Associates in Edwardsville, Ill., will represent the Meyers. -- (Case No. 10-L-19) Roberta Mileski of South Carolina, a clerk, laborer, beautician and health care aide worker, claims mesothelioma. Brian J. Cooke, Esq., of Simmons, Browder, Gianaris, Angelides and Barnerd in East Alton, Ill., will represent Ms. Mileski. -- (Case No. 10-L-39) Saundra Mosby of Illinois claims her deceased husband, Leo Mosby Jr., developed mesothelioma after his work as an electrician and laborer. Shane F. Hampton, Esq., and Paul M. Dix, Esq., of Simmons, Browder, Gianaris, Angelides and Barnerd in East Alton, Ill., will represent Mrs. Mosby. -- (Case No. 10-L-37) Doris Orr of Indiana claims her deceased husband, Robert Orr, developed mesothelioma after his work as a laborer, machinist and maintenance worker. Robert Phillips, Esq., and Perry J. Browder, Esq., of Simmons, Browder, Gianaris, Angelides and Barnerd in East Alton, Ill., will represent Mrs. Orr. ASBESTOS UPDATE: Building in Troy, N.Y. Scheduled for Demolition ---------------------------------------------------------------- A dilapidated and asbestos-contaminated building in Troy, N.Y., will be demolished early in 2010 to help beautify and revitalize the downtown area, Mesothelioma.com reports. It is expected that the former Industrial Tool and Die Co. building could be taken down as early as late January 2010. According to City Engineer Russ Reeves, the building will be taken down as part of the city's redevelopment plan. The building's removal is being overseen by the Department of Transportation and the Federal Highway Administration, who are paying for much of the work needed to stabilize and redevelop the area. According to Mr. Reeves, when the cost of removal of asbestos from the site is factored in, the demolition project will cost about US$150,000. He said, "If we [the city of Troy] remove it ourselves we wouldn't be reimbursed for that cost." Mr. Reeves said the building has been stabilized and secured. ASBESTOS UPDATE: Waterloo Board Seeks More Budget for Abatement --------------------------------------------------------------- The Board of Education in Waterloo, Iowa, seeks to increase the Waterloo Community Schools' budget to pay for asbestos abatement, WcfCourier.com reports. The Board was asked to approve the district's appearance before the School Budget Review Committee in Des Moines on Feb. 12, 2010 to request an increase in the unspent balance of the authorized budget. Approval from the committee would increase the district's spending authority by US$170,000 but not generate additional funds. The district would complete abatement at the former Lincoln Elementary School, which is set for demolition, and East High School, along with other minor projects. ASBESTOS UPDATE: Jones Widow Seeking Info in Compensation Claim --------------------------------------------------------------- Irene Jones, the widow of Terry Jones, a scaffolder from Basingstoke, Hampshire, England, appeals for Mr. Jones' former workmates to come forward to help in her claim for compensation, ThisIsHampshire.net reports. In July 2007, Mr. Jones died at the age of 69 after developing mesothelioma. Before his death, Mrs. Jones launched a legal fight for compensation. Mr. Jones believed he came into contact with asbestos while working at two different companies in the 1960s and 1970s, Big Ben Scaffolding and United Builders Merchants Ltd (or UBM Ltd) based in London. Dominic Graham, an industrial disease specialist with Fentons Solicitors LLP, is now preparing court proceedings against the two firms on behalf of Mr. Jones' family. ASBESTOS UPDATE: U.K. Gov't. to Propose GBP70Mil in Compensation ---------------------------------------------------------------- The United Kingdom's government will present trade unions with a GBP70 million package of programs to help workers who suffer from asbestos-related diseases, according to an EIN Presswire press release dated Jan. 26, 2010. In addition to providing funding for a research center and more money for mesothelioma sufferers, the government will call on insurers to fund dying patients who are no longer covered by their employers' insurance. However, the proposal, which needs to be agreed upon by trade unions, will not overturn a 2007 ruling that disqualifies from such compensation those who suffer from pleural plaques. The construction union UCATT has already come out against the package, calling the proposals "morally indefensible." ASBESTOS UPDATE: U.K. Claims Estimated at GBP11Bil for 2009-2050 ---------------------------------------------------------------- In a research by Actuarial Profession's UK Asbestos Working Party, the total undiscounted cost of the United Kingdom's asbestos-related claims to the insurance market is expected to be about GBP11 billion for period 2009 to 2050, Insurance Business Review reports. Of the GBP11 billion, about 90 percent related to mesothelioma and over GBP9 billion related to the period 2009 to 2040, compared with GBP4.7 billion of the working party's 2004 estimate for the same period. The research identified that the proportion of people suffering from mesothelioma that subsequently make a claim for compensation has almost doubled between 2004 and 2008. According to Actuarial Profession, the proportion of mesothelioma sufferers that have made a claim for compensation has increased from around one-third in 2004 to nearly two-thirds. In addition, the working party considered the Health and Safety Executive's statisticians' revised projections of the number of future deaths from mesothelioma in Great Britain, released in 2009, in conjunction with other projection models. ASBESTOS UPDATE: Workplace Relations OKs Asbestos Recommendation ---------------------------------------------------------------- On Jan. 24, 2010, Minister Lisa Singh of the Ministry of Workplace Relations said that the report on dealing with asbestos in Tasmania offers a wonderful framework to help shape Government policy, according to a Tasmanian Government press release dated Jan. 24, 2010. Ms. Singh paid tribute to the work of the steering committee in coming up with a series of recommendations for the Government to consider in its Improving Asbestos Management in Tasmania report. Ms. Singh said, "Asbestos-related diseases are a scourge in our community that will have an impact on people's health for decades to come. Last March I asked Workplace Standards to run a forum on asbestos in Tasmania to help understand community concerns and the extent of the problem. "That convinced me that we needed to act and as a result I commissioned this report. It offers us a way forward and the Government will respond to as quickly as possible. I recognize the urgency in dealing with this and our response time will reflect that. We must ensure we put in place measures that will make a lasting difference." Ms Singh said the key recommendations in the report are: -- A dedicated Asbestos Unit to be set up within Workplace Standards to drive overall government policy including areas such as long-term removal, training and licensing. -- Specialist asbestos inspectors for each region of the State. -- Mandatory building inspections prior to demolition permits being issued. -- Asbestos be listed as an essential safety requirement for Building Maintenance Certificates. -- Increased penalties for incorrect removal and disposal of asbestos. -- Legislation to make it compulsory to disclose the presence of asbestos in residential rental properties, including financial incentives for landlords to remove asbestos. ASBESTOS UPDATE: Warehouse in Torrington, Conn. to be Demolished ---------------------------------------------------------------- An asbestos-contaminated former warehouse in Torrington, Conn., has been slated for demolition, the Mesothelioma & Asbestos Awareness Center reports. The required demolition permit was filed with officials for the former Torin Corp. property along the Naugatuck River. For three years, Mayor Ryan J. Bingham and other city officials searched for a buyer for the site, but had no luck. The warehouse was once part of a larger operation run by Torrington Manufacturing Co. from 1901 until 1990, with the company changing its name to Torin Corp. in the late 1960s. The historic building has long been noted for the striking profile that it has alongside the banks of the river. However, because no buyer could be found for the asbestos-laden building and grounds, the city has finally approved the demolition. ASBESTOS UPDATE: Appeal Court Affirms Board Ruling in Meeks Case ---------------------------------------------------------------- The U.S. Court of Appeals for Veterans Claims affirmed the Jan. 4, 2008 ruling of the Board of Veterans' Appeals, which denied Joan E. Meeks entitlement to service connection for the cause of her husband Robert L. Meeks' death. The case is styled Joan E. Meeks, Appellant v. Eric K. Shinseki, Secretary of Veterans Affairs, Appellee. Judge Mary J. Schoelen entered judgment in Case No. 08-155 on Dec. 28, 2009. Mr. Meeks served on active duty in the U.S. Navy from June 1952 to June 1956 and from January 1958 to September 1975. He died on Sept. 9, 2004. His death certificate lists the immediate cause of death as sepsis encephalitis due to respiratory and renal failure. In September 2004, Mrs. Meeks filed a claim for dependency and indemnity compensation (DIC) benefits. She submitted a January 2005 opinion from Dr. John Libbey, a private pathologist, who stated that the autopsy report confirmed the presence of advanced pneumonia. Mrs. Meeks subsequently contended that Mr. Meeks' death was related to exposure to asbestos in service. In August 2007, the Board determined that an independent medical expert opinion was required to determine whether there was a relationship between Mr. Meeks' death and his military service, including any in- service exposure to asbestos. In September 2007, Dr. John Spurzem, a specialist in pulmonary medicine, provided an independent medical expert opinion. He stated that the autopsy report supported a diagnosis of cryptococcal pneumonia. He noted that Mr. Meeks' military occupational specialty was refrigeration and air conditioning mechanic and acknowledged that he was likely exposed to asbestos while in service. On Jan. 4, 2008, the Board issued the decision on appeal. The Board denied entitlement to service connection for the cause of Mr. Meeks' death because it found that "[t]he medical evidence of record does not indicate or even suggest a relationship between the veteran's service and his death, to include consideration of claimed exposure to asbestos." This appeal followed. ASBESTOS UPDATE: Split Decision Issued in Gilbert Lawsuit v. DDC ---------------------------------------------------------------- The U.S. District Court, Northern District of New York, denied Joseph W. and Betty Gilbert's motion for reconsideration and granted their motion to remand in an asbestos action filed against Detroit Corporation (DDC). 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 Dec. 16, 2009. The Gilberts commenced the instant action in state court seeking to recover for personal injuries alleged to have been sustained from the exposure to asbestos. DDC removed the claim against it to this Court. Presently before the Court is the Gilberts' motion to remand and/or for reconsideration of the Court's prior order denying the motion to remand. James C. Long, Jr., Esq., of Weitz, Luxenberg Law Firm in New York, represented Joseph W. Gilbert. Alani Golanski, Esq., of Weitz, Luxenberg Law Firm in New York, represented Joseph W. Gilbert and Betty Gilbert. ASBESTOS UPDATE: Md. Appeal Court OKs Judgment in Saville Action ---------------------------------------------------------------- The Court of Special Appeals of Maryland affirmed the denial of certain motions in a case involving asbestos styled Scapa Dryer Fabrics, Inc., et al. v. Carl L. Saville. Judges Peter B. Krauser, Timothy E. Meredith and Albert J. Matricciani, Jr. entered judgment in Case No. 540, Sept. Term, 2008 on Dec. 29, 2009. Carl L. Saville brought suit in the Circuit Court for Baltimore City against Scapa Dryer Fabrics and The Wallace & Gale Asbestos Settlement Trust (W & G), and against three other parties, alleging that his exposure to their asbestos-containing products caused his mesothelioma and carcinoma. He settled with the three other parties and proceeded to trial against appellants. Appellants brought cross-claims against the settling defendants (Cross-Defendants) and alleged that they were joint tort-feasors. After a trial of Mr. Saville's claims and appellants' cross- claims, a jury found the appellants liable and found the Cross- Defendants not liable. Scapa moved for judgment notwithstanding the verdict (JNOV) or a new trial on Mr. Saville's original claims and on its own cross- claims, while W & G moved for JNOV only on its cross-claims. The trial court denied these motions, and appellants filed timely notices of appeal. The judgment of the Circuit Court for Baltimore City was affirmed. Costs are to be paid 75 percent by Scapa and 25 percent by W & G. ASBESTOS UPDATE: Appeal Court Affirms Ruling in Action v. Grace --------------------------------------------------------------- The U.S. Court of Appeals, Third Circuit, affirmed the ruling of the U.S. District Court for the District of Delaware, which granted an order from the U.S. Bankruptcy Court denying W. R. Grace & Co.'s motion to expand a preliminary injunction. Judges Mary Anne Trump Barry, D. Michael Fisher and Kent A. Jordan entered judgment in Case Nos. 08-3697 and 08-3720 on Dec. 31, 2009. Grace and the State of Montana appealed an order from the U.S. District Court for the District of Delaware affirming an order from the District's Bankruptcy Court denying Grace's motion to expand a preliminary injunction. The proposed expansion would have enjoined asbestos claims against the State of Montana arising from Grace's mining operations near Libby, Mont. Both the District Court and the Bankruptcy Court determined that the Bankruptcy Court lacked jurisdiction to expand the injunction to enjoin those claims and, therefore, denied the motion. The Court of Appeals affirmed. ASBESTOS UPDATE: Court Remands Paine's Claim v. Veterans Affairs ---------------------------------------------------------------- The U.S. Court of Appeals for Veterans Claims set aside the Board of Veterans' Appeals July 23, 2007 ruling in an asbestos case filed by William Paine, Jr. and remanded the matters for readjudication. The case is styled William Paine, Jr., Appellant v. Eric K. Shinseki, Secretary of Veterans Affairs, Appellee. Judge Robert N. Davis entered judgment in Case No. 07-3447 on Jan. 5, 2010. Mr. Paine appealed appeals through counsel from a July 23, 2007 Board decision that denied his service-connection claims for (1) chronic obstructive pulmonary disease (COPD), to include as secondary to asbestos exposure; and (2) laryngeal cancer, to include as secondary to asbestos exposure. ASBESTOS UPDATE: Supreme Court Reverses Ruling in Kennedy Action ---------------------------------------------------------------- The Supreme Court of Mississippi reversed the ruling of the Pike County Circuit Court, which entered a judgment in favor of Illinois Central Railroad Company in an asbestos case filed by Robert W. Kennedy. The case is styled Robert W. Kennedy v. Illinois Central Railroad Company. Judges George C. Carlson Jr., James W. Kitchens and Randy G. Pierce entered judgment in Case No. 2008-CA-01831-SCT on Jan. 7, 2010. Mr. Kennedy filed this action against Illinois Central Railroad Company under the Federal Employers' Liability Act for damages he incurred as a result of alleged exposure to asbestos. After the defense rested its case-in-chief during the course of the trial, the trial court directed a verdict on the issue of damages in favor of Illinois Central Railroad Company, and thereafter entered a final judgment, from which Mr. Kennedy had appealed to this Court. Finding error, the Supreme Court reversed the trial court's judgment in favor of Illinois Central Railroad Company and remanded this case for further proceedings consistent with this opinion. John Timothy Givens, Esq., Timothy W. Porter, Esq., Patrick C. Malouf, Esq., William S. Guy, Esq., C.E. Sorey, II, Esq., and Wayne Dowdy, Esq., represented Robert W. Kennedy. Lonnie D. Bailey, Esq., and Glenn F. Beckham, Esq., represented Illinois Central Railroad Company. ASBESTOS UPDATE: District Court Junks Dismissal in Phillips Case ---------------------------------------------------------------- The U.S. District Court, Eastern District of Wisconsin, denied Michael Phillips' motion to dismiss and his motion for a bill of particulars in an asbestos case styled United States of America, Plaintiff v. Michael Phillips, Defendant. District Judge William C. Griesbach entered judgment in Case No. 09-CR-201 on Jan. 6, 2010. Mr. Phillips was charged with seven counts of knowingly removing and disposing of asbestos in violation of U.S. Environmental Protection Agency regulations. He had filed a motion to dismiss the indictment and, alternatively, a motion for a bill of particulars. Both motions were predicated upon the contention that, in order to violate Section 7413(c)(1), Mr. Phillips must have known the regulations he was violating. ********* 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. 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