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/raid1/www/Hosts/bankrupt/CAR_Public/111230.mbx C L A S S A C T I O N R E P O R T E R Friday, December 30, 2011, Vol. 13, No. 259 Headlines AIG DOMESTIC: Appeals Ct. Affirms Keeler Suit Settlement Approval CHARLES SCHWAB: Plea for Funds Redistribution to be Heard January GOVERNMENT OF CANADA: Vander Zalm Mulls Class Action Over HST JOBFOX.COM: Sued in California for Fraudulent Misrepresentation LOUIS VUITTON: 9th Circuit Alters Remand of "Morey" Consumer Suit LOUISIANA CITIZENS: High Court Reinstates $5,000 Penalties Ruling [ REDACTED -- Mar. 11, 2013 ] MONSANTO CO: Mediation Underway for Class Action Settlement OAK GROVE: High Court Reverses Ruling on Continued Air Monitoring ONSTAR CORP: Mich. Ct. Denies Class Certification of Consumer Suit PACIFIC NATIONAL: Appeals Court Junks Petition on Discovery Order REYNOLDS AMERICAN: Chooses Engle Case to Take to Supreme Court SKY SPORTS: May File Plea to Compel Arbitration, Appeals Ct. Says STATE OF IOWA: Class Action Plaintiff Charged of Embezzlement UBS REAL: Mayo Plaintiffs Enjoined From Activity in "Shokere" Suit UNIVERSITY OF PITTSBURGH: Meal Break Class Action Decertified * LCD MANUFACTURERS: Settles Antitrust Class Action for $538.6MM Asbestos Litigation ASBESTOS UPDATE: EPA-DEC Agents Foils Illegal Abatement ASBESTOS UPDATE: Abatement Union Props Coffins in Protest ASBESTOS UPDATE: Illegal Dumping Suspected at Kingston ASBESTOS UPDATE: Garner Drywall, Davco et al. Face Suit ASBESTOS UPDATE: Low Bidder Camcor Wins Joplin Abatement Job ASBESTOS UPDATE: Contaminants Found Buried Under Campbell Site ASBESTOS UPDATE: Abatement Issues Disrupt Durfee Tech Project ASBESTOS UPDATE: Hazards Delay Demolition of Eastmond Pavilion ASBESTOS UPDATE: HazMats Dumped and Burnt at Banana Shire ASBESTOS UPDATE: Shelby Environmental Law Violators Plead Guilty ASBESTOS UPDATE: EPA Admits Fort Worth Project Workers Unprotected ASBESTOS UPDATE: Ex-Naval Mechanic Dies of Mesothelioma ASBESTOS UPDATE: Contamination at Old Celanese Plant Alarms EPA ASBESTOS UPDATE: Hazardous Particles Shut Down St Mark's Centre ASBESTOS UPDATE: Abatement of Liverpool School Has Green Light ASBESTOS UPDATE: Poole Warehouse Thieves in Danger of Exposure ASBESTOS UPDATE: Korean Engineers Develop Fiber ID System ASBESTOS UPDATE: Housing Project Uses Hazard Materials to Cut Cost ASBESTOS UPDATE: Wash. City Takes Care of Exposed Firefighters ASBESTOS UPDATE: Unsellable Building for Abatement Demolished ASBESTOS UPDATE: EPA Lists Probable Carcinogen Sources in Homes ASBESTOS UPDATE: More Free Services at Mesothelioma Victims Center ASBESTOS UPDATE: Abatement of Children's Justice Center Begins ASBESTOS UPDATE: Firemen, Regularly at Risk of Carcinogen Exposure ASBESTOS UPDATE: Law Firm Shares Inspector General Elkins' View ASBESTOS UPDATE: 2009 Illegal Abatement Convicts Re-sentenced ASBESTOS UPDATE: ILR to Madison Ct; "Apply The Law As Written" ASBESTOS UPDATE: Dying Mom Unlikely to Make March Trial Date ASBESTOS UPDATE: Victorian Court Rejects James Hardie Appeal ASBESTOS UPDATE: Chief Judge Asked to Remove Judge Crowder ASBESTOS UPDATE: Prisoner Must Show Cause in Suit v. Kaiserkane ASBESTOS UPDATE: Hawaii Ct. Junks Appeal From Dismissal Order ASBESTOS UPDATE: Carey v. JP Bushnell Suit Remanded to State Court ASBESTOS UPDATE: Suit vs. DPRA & PATCO Remanded to State Court ASBESTOS UPDATE: Ky. Pneumoconiosis Review Is Unconstitutional ASBESTOS UPDATE: John Deere Remains Exposed to Asbestos Suits ASBESTOS UPDATE: Navistar Continues to Defend Asbestos Claims ASBESTOS UPDATE: Toro Company Still Subject to Asbestos Claims ASBESTOS UPDATE: Joy Global Remains Involved in Asbestos Cases ASBESTOS UPDATE: Esterline Dismantled Insulation Facility in Dec. ASBESTOS UPDATE: Piedmont Natural Estimates $2.8MM Liabilities ********* AIG DOMESTIC: Appeals Ct. Affirms Keeler Suit Settlement Approval ----------------------------------------------------------------- The Court of Appeals of California, Second District, affirmed a trial court's approval of the settlement in the class action lawsuit commenced by Karen Keeler, et al., against AIG Domestic Claims, Inc., and certain related companies, on behalf of AIG workers' compensation insurance claims adjusters. The appeals court found no abuse of discretion on the part of the trial court. Filed in 2008, the lawsuit asserted claims for various alleged wage and overtime violations. The parties subsequently settled the action providing for a maximum settlement amount of $1,400,000. In March 2010, Gary Janich, Denise Kinney and Kelly Diaz appealed the trial court's approval of the settlement, asserting that the settlement's release of claims was overbroad, improper and unfair. A copy of the Court of Appeals' Dec. 19, 2011 order is available for free at http://is.gd/PNLWYjfrom Leagle.com. The case is captioned KAREN KEELER et al., Plaintiffs and Respondents, v. AIG DOMESTIC CLAIMS, INC., et al., Defendants and Respondents; GARY JANICH et al., Objectors and Appellants, Case No. B226691 (Calif. App. Ct. 2nd Distr.) Counsel for the Objectors and Appellants are: Norman B. Blumenthal, Esq. Kyle R. Nordrehaug, Esq. Aparajit Bhowmik, Esq. BLUMENTHAL, NORDREHAUG & BHOWMIK 2255 Calle Clara San Diego, CA 92037 Tel No. (858) 367-9913 Fax No. (858) 551-1232 Counsel for Plaintiffs is: Ira Spiro, Esq. SPIRO MOSS 11377 West Olympic Boulevard, Fifth Floor Los Angeles, CA 90064-1683 Tel No. (310) 235-2468 Fax No. (310) 235-2456 info@spiromoss.com Counsel for Defendants are: Elena R. Baca, Esq. Sandra N. Benjamin, Esq. PAUL, HASTINGS, JANOFSKY & WALKER LLP 515 South Flower Street Los Angeles, CA 90071 Tel No: 1(213) 683-6306 (Ms. Baca) 1(213) 683-6167 (Ms. Benjamin) E-mail: elenabaca@paulhastings.com sandrabenjamin@paulhastings.com CHARLES SCHWAB: Plea for Funds Redistribution to be Heard January ----------------------------------------------------------------- In a Dec. 15, 2011, ruling in the class action In re Charles Schwab Corporation Securities Litigation, Case No. C 08-01510 (N.D. Calif.), Judge William Alsup postponed consideration of class counsel's motion for approval of class funds redistribution for 30 days. A status hearing has been set on the matter for Jan. 12, 2012, at 8:00 a.m. The Charles Schwab Corporation, through its subsidiaries, provides securities brokerage, banking, and related financial services to individuals and institutional clients. The class action involves alleged violations of state and federal law in the management of, disclosures concerning, accounting for, and marketing and sales of the firm's product referred to as the Schwab YieldPlus Fund. An order dated April 2011 granted final approval of class settlement agreements. Problems have arisen in the course of distributing class funds, and it is clear that class counsel has not yet completed all the work there is to be done, the District Court noted. In order to ensure that no other issues arise before the remaining funds are distributed or class counsel and the administrator are paid, consideration of class counsel's motion is postponed, the District Court ruled. A copy of the District Court's Dec. 15, 2011 order is available at http://is.gd/dNAzLLfrom Leagle.com. GOVERNMENT OF CANADA: Vander Zalm Mulls Class Action Over HST ------------------------------------------------------------- Shane Woodford, writing for CKNW AM 980, reports that the man who engineered the downfall of the HST [harmonized sales tax] is once again firing a warning shot at the government over their timeline to return to the PST [provincial sales tax]. Bill Vander Zalm says he is working on several options to force the government to speed up the exit of the HST including heading to court. "We have kind of petitioned the business community to see if they would join us in a class action but the business community has not been too responsive I think generally there is a bit of a fear of getting involved to tackle the government over the HST issue but we are not giving up." Vander Zalm says the government is pulling a con as it dawdles at removing the HST as he accuses them of delaying in order to grab all the money they can. He adds he is also providing advice to the group launching a citizens initiative to force the removal of BC Hydro smart meters. JOBFOX.COM: Sued in California for Fraudulent Misrepresentation --------------------------------------------------------------- Jamie Ross at Courthouse News Service reports that a federal class action claims the Jobfox.com Web site advertises itself as a "free" site to critique job-search resumes, but uses "canned" criticisms to try to pry $350 to $500 from customers regardless of the quality of their resumes. Named plaintiff Suzanne Werden sued JobFox on eight causes of action, including fraud in the inducement, fraudulent misrepresentation, breach of contract, unfair competition and consumer law violations. Jobfox.com, based in McLean, Virginia, "systematically collects resumes from users, creates and sends to these users critical and artificial 'critiques' of their resumes, and, based on the alleged problems identified in the critique, attempts to convince users to pay hundreds of dollars for defendant to rewrite the resume," the complaint states. While Jobfox markets itself as a "free" employment search tool, "the primary purpose of the Web site is to induce users to purchase the resume writing service," according to the complaint. Users are instructed to upload their resumes to the Web site, which claims: "Your resume is the key to joining networks, looking attractive to recruiters, and landing the jobs that you want," according to the complaint. The class claims that Jobfox does not inform users "that they are not required to upload a resume to complete their registration" with the Web site, and does not disclose the costs associated with its "resume advice network." The class claims that Jobfox tells users that each resume critique is done by a "Jobfox resume expert" who "provides an 'honest, straightforward assessment' of the user's current resume," but that Jobfox actually provides "an automated, 'canned' critique that heavily criticizes the resume's visual presentation, content, and writing style, regardless of the quality of the resume submitted by the user." Each critique "is nearly identical in form and contains numerous matching paragraphs, phrases and boilerplate criticisms," the class claims. Jobfox "attempts to pull a small number of words and phrases from users' resumes and place them within the critique at predetermined locations," it adds. "Regardless of the quality or individual characteristics of a resume, each of defendant's critiques determines that the user's resume is 'selling you short,' and concludes that the resume should be 'professionally' rewritten by Jobfox," according to the complaint. Ms. Werden says that Jobfox refuses to respond to users who are unhappy with the results, even though "the resume writing service fails to provide the level of service and quality promised." Ms. Werden says she paid $399 for the resume writing service, and was not satisfied with the changes to her resume, "many of which made her resume appear more generic that the original." She says she tried to contact Jobfox to request changes, but it refused to return her calls and emails. Ms. Werden says Jobfox offered a "Break Through Service," "to match jobseekers to appropriate opportunities," by offering 2 months free of the service for any user who bought the writing service. She says the users "automatically became paying subscribers" of the service, and were not provided "with a separate contract" or with a detailed description of the services. She claims that Jobfox "systematically advertises expired and/or filled job listings to subscribers of Jobfox's premium monthly service, posts job listings without the consent of employers, and fails to provide adequate written contracts to such subscribers, conduct that expressly violates California statutes governing job listing services such as defendant." Ms. Werden seeks class certification and statutory and punitive damages. A copy of the Complaint in Werden v. Jobfox, Inc., Case No. 11-cv- 02995 (S.D. Calif.), is available at: http://www.courthousenews.com/2011/12/27/JobFox.pdf The Plaintiff is represented by: Sean P. Reis, Esq. EDELSON MCGUIRE LLP 30021 Tomas Street, Suite 300 Rancho Santa Margarita, CA 92688 Telephone: (949) 459-2124 E-mail: sreis@edelson.com - and - Jay Edelson, Esq. Rafey S. Balabanian, Esq. Bradley M. Baglien, Esq. EDELSON MCGUIRE LLC 350 North LaSalle Street, Suite 1300 Chicago, IL 60654 Telephone: (312) 589-6370 E-mail: jedelson@edelson.com LOUIS VUITTON: 9th Circuit Alters Remand of "Morey" Consumer Suit ----------------------------------------------------------------- The U.S. Court of Appeals for the Ninth Circuit reversed a trial court's remand of the class action captioned DEANNA MOREY, on behalf of herself and all others similarly situated v. LOUIS VUITTON NORTH AMERICA, INC. The class action alleges that Louis Vuitton violated California's Song-Beverly Credit Card Act, Cal. Civ. Code Sec. 1747.08, by requesting and recording shoppers' personal identification information when they used a credit card for purchases at Louis Vuitton retail stores. The Ninth Circuit held that the district court erred in holding that Louis Vuitton's initial notice of removal failed to show by a preponderance of the evidence that the amount in controversy exceeded $5 million. A copy of the Ninth's Circuit's Dec. 15, 2011 order is available at http://is.gd/eROslAfrom Leagle.com. LOUISIANA CITIZENS: High Court Reinstates $5,000 Penalties Ruling ----------------------------------------------------------------- In the class action lawsuit styled GERALDINE OUBRE AND LINDA GENTRY ON THEIR BEHALF, AS WELL AS OTHERS, SIMILARLY SITUATED v. LOUISIANA CITIZENS FAIR PLAN, the Supreme Court of Louisiana ruled that the district court did not err in granting summary judgment and in awarding each individual plaintiff $5,000 in statutory penalties, subject to a credit in Citizen's favor for those plaintiffs who executed binding releases or opted out of the class. In November 2005, Geraldine Oubre and Linda Gentry on their behalf and others similarly situated sued insurer Louisiana Citizens Property Insurance Corporation for failure to comply with its statutory duty to timely initiate loss adjustment as set forth in La. Rev. Stat. Sec. 22:658(A)(3) on members' insurance claims. The plaintiffs brought the action in connection with property damage they allegedly suffered when Hurricane Katrina and Hurricane Rita struck in August and September 2005. The District Court granted summary judgment in plaintiffs' favor and awarded $5,000 in penalties for each compensable claim, totaling $92,865,000. The Court of Appeal reversed, finding a factual determination of whether the insurer breached its duty of good faith was required before assessing penalties. The Louisiana Supreme Court found that the plain language of La. Rev. Stat. Sec. 22:2658(A)(3) does not require a showing of bad faith by the insurer, but simply requires proof of notice and inaction for over 30 days. The Louisiana Supreme Court further found that the provisions of La. Rev. Stat. Sec. 22:1220(C) cap the penalties for such inaction at $5,000 when damages are not proven. Finding no error in the District Court's award of the statutory cap for each failure to timely initiate, the Louisiana Supreme Court reverses the judgment of the Court of Appeal and reinstated the District Court's judgment. Accordingly, the Supreme Court reversed the judgment of the Court of Appeal and reinstated the judgment of the District Court. A copy of the Louisiana Supreme Court's Dec. 16, 2011 order is available at http://is.gd/R1NySMfrom Leagle.com. [ REDACTED -- Mar. 11, 2013 ] MONSANTO CO: Mediation Underway for Class Action Settlement ----------------------------------------------------------- Whitney Burdette, writing for The State Journal, reports that plaintiffs in two related lawsuits against Monsanto Co. gathered Dec. 27 at the Charleston Marriott Town Center to negotiate a possible settlement in a massive class action lawsuit that alleges the company exposed people to toxins. Stuart Calwell, the lead attorney for the plaintiffs, said he is hopeful he and attorneys representing the chemical company can reach a settlement soon in the seven-year-old lawsuit. The attorneys are working on the agreement with two circuit court judges who were assigned to the massive case. Mr. Calwell and the others are negotiating a settlement for 127 plaintiffs who claim they were exposed to dioxin released into the air and water by a Monsanto-owned plant in Nitro. Plaintiffs filed the suit in 2004 against Monsanto, Pharmacia Corp., Akzo Nobel Chemicals Inc., Akzo Chemicals Inc., Flexsys America Co., Flexsys America LP, Flexsys International LP and Flexsys International Co., seeking medical monitoring. Plaintiffs claim from 1948 to 1969, Monsanto manufactured herbicides at its Nitro chemical plant, which created dioxin as a byproduct. According to the suit, the dioxin was released into the air when waste material was burned at the old Monsanto plant. One lawsuit, which Mr. Calwell called the "Allen case" was filed several years ago. Another case, the "Carter case" was filed last year. Both cases ask for medical monitoring expenses as well as property damages caused by the dioxin contamination. OAK GROVE: High Court Reverses Ruling on Continued Air Monitoring ----------------------------------------------------------------- The Supreme Court of Alabama reversed a trial court order in favor of a class of plaintiffs in a toxic-tort class action finding that Oak Grove Resources, LLC, and Cliffs North American Coal, LLC, failed to satisfy the requirements of a settlement agreement between the parties and ordering the continued monitoring of air near the plaintiffs' properties for the presence of coal dust for a period of one year. The lawsuit was filed in July 1997 by Tommy White, et al., alleging that Oak Grove operated its plant in a manner that caused coal dust to become airborne, to migrate to their properties, and cause them personal injury and property damage. The Alabama Supreme Court concluded that the plaintiffs inexcusably delayed in asserting their rights under the parties' 2008 supplement agreement and that Oak Grove would be unduly prejudiced if the plaintiffs are allowed to assert those rights at this point. Thus, trial court's judgment awarding further injunctive relief in the form of continued air monitoring should be reversed and the case remanded, the Supreme Court held. The appeal case is captioned Oak Grove Resources, LLC, and Cliffs North American Coal, LLC v. Tommy White, et al., Case No. 1100525 (Sup. Ct. Ala.) A copy of the Alabama Supreme Court's Dec. 16, 2011 order is available at http://is.gd/740d5xfrom Leagle.com. ONSTAR CORP: Mich. Ct. Denies Class Certification of Consumer Suit ------------------------------------------------------------------ Judge Sean F. Cox denied class certification of a consolidated class action captioned In Re OnStar Contract Litigation, Case No. 2:07-MDL-01867 (E.D. Mich). The lawsuits were filed by buyers and lessees of automobiles equipped with OnStar telematics equipment against OnStar Corporation and four automobile manufacturers -- General Motors Corporation, American Honda Motor Company, Subaru of America, and Volkswagen of America -- asserting consumer protection act and warranty claims. The actions have been consolidated for pretrial proceedings by the Judicial Panel on Multidistrict Litigation. "Because the consumer protection and warranty laws of several states govern Plaintiffs' claims, and because factual variations among the claims abound, Plaintiffs have not met FED. R. CIV. P. 23(b)(3)'s predominance requirement," Judge Cox stated. Counsel are ordered to meet and confer as to how to best proceed with the individual claims asserted in the action within 30 days of the District Court's order. The parties are to appear for a status conference to discuss those topics on Jan. 21, 2012, at 2:30 p.m. The District Court's Dec. 19, 2011 opinion and order is available at http://is.gd/EfMun3from Leagle.com. PACIFIC NATIONAL: Appeals Court Junks Petition on Discovery Order ----------------------------------------------------------------- The Court of Appeals of California, Second District, denied Obaidul H. Pirjada's petition for a writ of mandate challenging a lower court's order denying discovery in his complaint against Pacific National Security, Inc. Mr. Pirjada, as putative class representative, filed the complaint in December 2010 on behalf of himself and a proposed class of all security guards who had been employed in California by Pacific National during the immediately preceding four years, asserting causes of action for failure to provide meal and rest periods and various other wage-and-hour claims, as well as a claim for unfair business practices. After Mr. Pirjada settled his individual claim through direct negotiations with Pacific National's chief executive officer, respondent superior court granted Mr. Pirjada's counsel leave to amend the complaint to name a new class representative but denied his motion to compel precertification discovery to identify a suitable class representative. Counsel for Mr. Pirjada, purportedly on behalf of his client, then petitioned for a writ of mandate challenging the order denying discovery. The Appellate Court held that the lower court did not abuse its discretion in denying the Motion to Compel discovery responses. The appeal case is OBAIDUL H. PIRJADA, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; PACIFIC NATIONAL SECURITY, INC., Real Party in Interest, Case No. B234813 (Calif. Ct. App., 2nd Dist.) A copy of the Appeals Court's Dec. 12, 2011 order is available at http://is.gd/oaAsdQfrom Leagle.com. Counsel for Plaintiff are: R. Duane Westrup, Esq. Christine C. Choi, Esq. WESTRUP KLICK, LLP 444 West Ocean Boulevard, Suite 1614 Long Beach, California 90802 Tel No.: (866) 782-4863 Fax No.: (562) 435-4856 Counsel for Pacific National are: Roxanne A. Davis, Esq. Frank Hakim, Esq. DAVIS GAVSIE & HAKIM 100 Wilshire Boulevard, Suite 2060 Santa Monica, CA 90401 Tel No.: 866-611-3257 Fax No.: 310-899-2081 REYNOLDS AMERICAN: Chooses Engle Case to Take to Supreme Court -------------------------------------------------------------- Richard Craver, writing for Winston-Salem Journal, reports that Reynolds American Inc. appears to have chosen at least one Engle legal case to take before the U.S. Supreme Court. The Engle progeny cases have been scrutinized since they sprang from a decision in 2006 by the Florida Supreme Court that decertified a class-action lawsuit initially filed by Howard Engle. The 2006 ruling allowed former class members to file individual lawsuits stating that cigarettes caused their respective illnesses. The cases involve consumers who smoked before a law went into effect requiring warning labels on cigarette packaging. In most Engle suits, the plaintiff bears some responsibility for illness or death, which reduces compensatory and punitive damages to manufacturers. The company said in October that it would file a request before the court to help clarify the company's -- and the industry's -- financial exposure. According to the legal Web site Law360, Reynolds has filed a petition for writ of certiorari with the U.S. Supreme Court, asking it to overturn a $28.3 million jury verdict in Florida in favor of Mathilde Martin, whose husband, Benny, died of lung cancer after decades of smoking unfiltered Lucky Strike cigarettes. Reynolds spokesman Bryan Hatchell said on Dec. 26 that the company did not have a comment about the filing. The Florida Supreme Court declined to accept Reynolds' appeal of the jury verdict. Reynolds said in the petition that the jury verdict was reached without the respondent "either proving essential elements of her claims or demonstrating that a prior jury had actually decided those elements in her favor." Because there have been several victories by plaintiffs and manufacturers at lower court levels, Reynolds is confident the U.S. Supreme Court will agree to the request. Reynolds said it has placed a combined $63 million into accrual for the four Engle cases that have advanced through the appellate court. Reynolds' profit has been affected by significant legal fees for two consecutive quarters. Thomas Adams, Reynolds' chief financial officer, said its policy is to record any litigation loss when an unfavorable outcome in any individual case becomes probable and the amount can be estimated in accordance with generally accepted accounting principles. Reynolds spokesman Bryan Hatchell stressed that Reynolds has not paid any damages amount toward the Engle cases and does not expect to "until the company has exhausted all legal avenues." Bonnie Herzog, managing director for beverage, tobacco and consumer research for Wells Fargo Securities LLC, has said she expects that the U.S. Supreme Court will hear at least one of the cases. She projects that the court likely will side with the manufacturers. SKY SPORTS: May File Plea to Compel Arbitration, Appeals Ct. Says ----------------------------------------------------------------- In the class action lawsuit Hector Hogan, et al., brought against Sky Sports, Inc., doing business as Sky Security Services, the Court of Appeals of California, Second District, granted a petition for mandate to permit the company to file a motion to compel arbitration. The Appeals Court concluded that the statutory requirements to compel arbitration under Code of Civil Procedure section 1281.21 were not satisfied until the class was certified. Thus, any purported delay in bringing the motion does not constitute a waiver of the right to move to compel arbitration, the Appeals Court said. Sky Sports sought a writ of mandate, directing the respondent court to vacate an order finding that it has waived its right to compel arbitration in the Hogan class action lawsuit, which seeks damages and penalties for rest break violations for security guards employed by the company. The company raised the arbitration issue to defeat class certification. The company maintained that the putative class representative, Hector Hogan, was not an adequate class representative because his claims were not typical of the majority of the class who had signed arbitration agreements. The Appeals Court must thus determine if the company waived its right to enforce the agreements because it did not move to compel arbitration before certification of a class that included parties to the agreement. Upon review, the trial court is directed to vacate its order denying the company's motion to compel arbitration and to permit the company to bring a motion to compel arbitration. In all other respects, the petition is denied. The temporary stay, having served its purpose, is lifted. The appeal case is SKY SPORTS, INC. v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; HECTOR HOGAN et al., Real Parties in Interest, Case No. B233820 (Calif. App. Ct., 2nd Dist.). A copy of the California Appeals Court's Dec. 15, 2011 order is available at http://is.gd/BUQmCTfrom Leagle.com. Counsel for Plaintiff are: Morris Nazarian, Esq. LAW OFFICES OF MORRIS NAZARIAN 5233 E. Beverly Boulevard Los Angeles, California 90022-2020 Tel No. (323) 888-9505 Bruce Schwartz, Esq. SCHWARTZ WISOT LLP 315 South Beverly Drive Suite 305 Tel No. (310) 277-9595 Fax No. (310) 277-0177 E-mail: bsesq@theswlaw.net Counsel for Sky Sports are: Sergio Bent, Esq. Jesse M. Caryl, Esq. Steven M. Kroll, Esq. BENT CARYL & KROLL LLP 6300 Wilshire Boulevard, Suite 1415 Los Angeles California 90048 Tel No. (323) 315-0512 (Mr. Bent) (323) 315-0511 (Mr. Caryl) (323) 315-0513 (Mr. Kroll) Fax No. (323) 774-6021 E-mail: sbent@bcklegal.com jcaryl@bcklegal.com skroll@bcklegal.com STATE OF IOWA: Class Action Plaintiff Charged of Embezzlement ------------------------------------------------------------- Ryan J. Foley, writing for The Associated Press, reports that the lead plaintiff in a class-action discrimination lawsuit filed by black workers against the state of Iowa was expected to plead guilty on Dec. 28 to using her position at Iowa Workforce Development to carry out a fraud scheme in which she embezzled $43,000 in benefits meant for jobless Iowans. Linda F. Pippen, 41, was charged earlier this month with embezzling federal funds and aggravated identity theft for using another person's name and social security number as part of the scheme. A court document showed she plans to plead guilty to both counts when she appears for an arraignment and plea hearing in U.S. District Court in Cedar Rapids on Dec. 28. Ms. Pippen is the lead plaintiff for a class of up to 6,000 blacks turned down for state jobs and promotions dating back to 2003. Her claims have been front and center during the lengthy litigation: she says she was passed over for promotions because of systemic racism in Iowa hiring practices, and that state officials later found proof of racism and retaliation but covered it up. Lawyers for the workers are seeking tens of millions in lost wages and policy changes in the lawsuit, which was originally filed in 2007 and covers about 20,000 employment applications. Judge Robert Blink is expected to rule on the case in coming months after a monthlong trial that began in September featured testimony from employment experts and current and former state government officials in charge of hiring. Ms. Pippen is one of 29 named plaintiffs in the case, which carries her name: Linda Pippen, et. al., vs. State of Iowa. Lead attorney Thomas Newkirk said he was surprised to learn Pippen was charged, and he said it was an unfortunate coincidence that her name was on the lawsuit. "This case is about the rights and the needs of many, not the failings of one, but society has a tendency to blame the many when it comes to one's failings when that person is black," he said. "Whatever Ms. Pippen did is truly unrelated to the systemic problems in this class case and the rights of 6,000 individuals." He noted that details of Ms. Pippen's and other individual cases were separated from the class lawsuit and will be tried separately. The charges could come into play during that case, which has not yet been set for trial, he said. A document filed by assistant U.S. Attorney Peter Deegan on Dec. 27 says Pippen made fraudulent entries in Iowa Workforce Development's computer system to file applications for unemployment insurance benefits filed under other people's names. She directed money to bank accounts under her control and used it for personal gain, the document said. Ms. Pippen used the name and social security number of a person identified only as "R.O.," among others, to fraudulently file for benefits, it said. Iowa Workforce Development spokeswoman Kerry Koonce said on Dec. 27 that Ms. Pippen was fired in July 2010 from her $47,000- per-year job as an adviser at the Cedar Rapids workforce center after 12 years with the agency. She declined further comment, citing the pending criminal case. Ms. Pippen faces up to 12 years in prison, but she is not expected to be sentenced for several months if she pleads guilty on Dec. 28. Prosecutors are seeking to recover all $43,582 derived from the embezzlement scheme, which allegedly unfolded between May 2008 and November 2009. A phone number for Ms. Pippen could not be found, and her attorney, public defender Jill Johnston, did not return a voice message seeking comment. Ms. Pippen and another black employee claim in their lawsuit that white managers conspired to avoid hiring them for vacant workforce adviser positions in 2001. Her lawyers claim she was viewed as "a troublemaker" because she had previously filed a civil rights complaint when she was employed by the agency in Waterloo and was passed over for a promotion that went to a white woman. Ms. Pippen claims she passed a customer service test used to screen applicants, while the white employee failed. Yet a white manager directed the other woman be hired. The lawsuit claims a manager backed up the two women in 2001, and an investigation "uncovered massive discrepancies in the hiring process at IWD in Cedar Rapids and evidence of discrimination and retaliation." Yet the women were not told of the findings for years, and the state later gave the Iowa Civil Rights Commission a "white-washed" copy of the report that exonerated state officials, the lawsuit says. Lawyers representing the state are defending against the discrimination allegations, saying the hiring and employment practices vary widely by department and position being sought. They say the state has made a number of improvements in recent years such as additional training for managers. Geoff Greenwood, communications director for Iowa Attorney General Tom Miller, said on Dec. 27 that the office had no comment on Ms. Pippen's reported guilty plea in the fraud case because it is still pending. The office also would not comment on the potential implications for the discrimination case against the state since it is pending, Mr. Greenwood said. UBS REAL: Mayo Plaintiffs Enjoined From Activity in "Shokere" Suit ------------------------------------------------------------------ In the putative class action captioned MICHAEL D. MAYO v. UBS REAL ESTATE SECURITIES, INC., et al., Case No. 08-00568-CV-W-DGK (W.D. Miss.), Judge Greg Kays has entered an injunction order against the plaintiffs. The class action was brought under the Missouri Second Mortgage Loan Act, where the Plaintiff alleged that he was charged illegal fees at the closing of his residential second mortgage loan and is suing the various entities who acquired or serviced his loan after closing. Named defendants include UBS Real Estate Securities, Inc. and Deutsche Bank National Trust Company, in its capacity as trustee of the MAST Specialized Loan Trust 2007-01. The Plaintiff has also filed a new class action lawsuit in state court bringing the same claims against Defendants GMAC Mortgage, LLC and Residential Funding Company, LLC only. In response, UBS and Deutsche Bank moved for an injunction enjoining the Plaintiff from settling his claims against GMACM and RFC in state court, arguing that the state court lawsuit subverts the District Court's removal jurisdiction and threatens to interfere with the adjudication of the case. Upon review, the District Court held that it still possesses jurisdiction over the Plaintiff's claim against GMACM and RFC. Accordingly, in a Dec. 16, 2011 ruling, Judge Kays specified that Mr. Mayo and his wife, and anyone acting on his behalf, are enjoined for 30 days from any activity or participation in the lawsuit entitled Joyce and Luke Shokere v. Residential Funding Company LLC and GMAC Mortgage LLC in the Circuit Court of Jackson County, Missouri, which might adjudicate or settle their claim, or from filing any similar lawsuit against "GMACM" and "RFC in any other court, without the prior written approval of the District Court. UBS and Deutsche Bank are collectively ordered to post a $5,000 surety bond within seven days of the District Court order. In the alternative to posting a surety bond, they may deposit in the Court registry $5,000. A copy of the District Court's Dec. 16, 2011, order is available at http://is.gd/oxV0Tbfrom Leagle.com. UNIVERSITY OF PITTSBURGH: Meal Break Class Action Decertified ------------------------------------------------------------- Erin McAuley at Courthouse News Service reports that a federal judge has decertified the class fighting unpaid meal breaks at the University of Pittsburgh Medical Center, saying their position "smacks of sandbagging." UPMC automatically deducts 30-minute meal breaks from the pay of nonexempt employees whose shifts last at least five hours. "Although UPMC's policies directed employees to cancel the automatic deductions when they were required to work through meals, this approach 'arguably shift[ed] the burden from defendants to their employees to ensure that non-qualifying meal breaks [we]re not deducted from their pay,'" U.S. District Judge Cathy Bissoon wrote, summarizing earlier findings that led her to grant conditional certification. Since the conditional grant, however, Judge Bissoon found that "a growing consensus of federal courts . . . rejected the notion that collective action treatment of automatic deductions is warranted under an FLSA 'burden-shifting' theory." Discovery also revealed that lead plaintiff Karen Camesi and other opt-in class members did not all regularly work more than 40 hours per week. Moreover, UPMC had trained most on meal-break cancellation policies and had paid employees who worked through meal breaks. Opt-ins workers reported to 250 different supervisors, holding 107 job titles in 126 different departments. Each department had different means to record work time with different ways to cancel automatic deductions, and only some departments used the Kronos computerized time-tracking system that automatically overrode deductions for employees on some or all shifts. A number of UPMC departments and business units actually paid for an employee's meal break if it was interrupted at all, regardless of how many uninterrupted minutes the employee enjoyed, and some units paid for meal breaks unless the employee received 30 uninterrupted minutes. There were different scheduling methods in different departments and experiences varied among opt-ins regarding the number of meal breaks missed or interrupted. The number of times they reported or were paid for such breaks also varied. "Essentially, plaintiffs ask the court to focus narrowly on UPMC's 'common polic[ies]' of making automatic deductions where employees received more than twenty minutes of uninterrupted meal breaks," Judge Bissoon wrote. "In plaintiffs' view, UPMC's common policies override all of the various dissimilarities between collective action members identified by defendants." But Judge Bissoon disagreed. UPMC "introduced evidence regarding [its] significant efforts to advise employees and managers regarding the substance of the meal break policies," the Dec. 20 decision states. It also proved its "efforts to monitor and ensure compliance" and "demonstrated a plethora of differences between the putative plaintiffs that would make utilization of the collective action vehicle unmanageable." "At the heart of many of these distinctions was the decentralized nature of UPMC's implementation and enforcement of the meal break policies," Judge Bissoon wrote. "UMPC's written compensation manual specifically stated: 'It is the responsibility of each employee to accurately record time on a daily basis via the manner designated by [his or her] department, including overriding automatic lunch deductions (if working through lunch or interrupted during lunch).'" Such evidence "casts doubt on plaintiffs' suggestion that UPMC utilized its meal break policies to 'shirk' its" obligations under the Fair Labor Standards Act, the 22-page decision states. "The named plaintiffs themselves admit to having been trained on and/or were aware of how to cancel meal break deductions, and they did so on many occasions," and the plaintiffs' counsel "failed to identify opt-in member(s) who were dissuaded from cancelling, or instructed not to cancel, deductions for meal breaks," Judge Bissoon wrote. "Nor are there any allegations that employees who cancelled meal breaks suffered retaliation." With ample case law establishing the insufficiency of an employer's use of automatic deductions, Judge Bissoon said the "plaintiffs' position smacks of sandbagging." "The breadth of these disparate factual and employment settings seems self-apparent," she wrote. Judge Bissoon said she is "not entirely unsympathetic" to the plaintiffs' arguments, but those arguments did not pass the stage II threshold for class certification. "At the very least, it seems the named plaintiffs would not be good candidates," she wrote, adding that "there are far too many individualized inquiries to be addressed through representative testimony, bifurcation and sub-classifications." The judge also tossed class certification for plaintiffs who said they lost one to nine minutes of a meal break if they were interrupted after minute 20 and had no chance to complete their meal. "Given the needles that would need to be thread, and the limited nature of recovery, it would seem that retaining class treatment for these claims would be an end for the sake of itself," Judge Bissoon wrote. "The difficulties presented by individualized inquiries outweigh the benefits of a collective resolution," she added. Judge Bissoon also refused to strike manager declarations and the defendants' statements of fact, but she threw out the defendants' expert statistician because of "the lack of randomness regarding opt-in selection. A copy of the Memorandum and Order in Camesi, et al. v. University of Pittsburgh Medical Center, et al., Case No. 09-cv-00085 (W.D. Penn.) (Bissoon, J.), is available at: http://www.courthousenews.com/2011/12/27/UPMC%20meal%20breaks.pdf * LCD MANUFACTURERS: Settles Antitrust Class Action for $538.6MM ---------------------------------------------------------------- Don Jeffrey and Phil Milford, writing for Bloomberg News, report that Sharp Corp., Samsung Electronics Co. and five other makers of liquid crystal display panels used in computers and televisions agreed to pay $538.6 million to settle antitrust claims by indirect purchasers. Earlier this month, the panel makers agreed to pay $388 million to settle price-fixing claims by direct buyers of the products as part of a series of cases consolidated in federal court in San Francisco. Under the new agreement, about $501 million will be available for partial refunds to consumers and about $37 million to compensate governments and other public entities for damages, according to a court filing dated Dec. 23. The companies allegedly fixed prices of thin-film liquid crystal display panels, driving up prices for purchasers of televisions, notebook computers and monitors from 1999 to 2006, according to a class action, or group, lawsuit filed in 2007. "We think that the amount of the settlement, along with the injunction the defendants had to agree to, will prevent price- fixing by these powerful companies in the consumer electronics industry," Joseph Alioto, a lawyer for the class-action plaintiffs, said in a telephone interview. "The only way they pay attention to the law is to have to pay money." The attorneys general of eight states, including Florida, California and New York, were part of the settlement agreements with the manufacturers. "Price-fixing is detrimental to Florida's consumers, governmental agencies, and the economy," Pam Bondi, Florida's attorney general, said in a statement. "I am pleased that we will be able to return funds to those who were harmed by this illegal and deceptive behavior." New York taxpayers may receive as much as $11 million from the settlement, according to a release from the state's attorney general, Eric Schneiderman. Besides the $538.6 million settlement of the antitrust claims, five of the companies also agreed to pay more than $14 million in civil fines and penalties to New York, according to the statement from Mr. Schneiderman. "This price-fixing scheme manipulated the playing field for businesses that abide by the rules, and left consumers to pay artificially higher costs for televisions, computers and other electronics," Mr. Schneiderman said in the statement. Lawyers representing Samsung and Sharp didn't return messages seeking comment on the settlement. Samsung agreed to pay $240 million in the settlement, the highest figure. The second-biggest amount, $115.5 million, will be paid by Sharp. The other companies in this agreement are Chimei, Chunghwa, Epson, Hannstar and Hitachi. Mr. Alioto said he believed the $539 million settlement was the largest ever for consumers in a class-action price-fixing case. A U.S. Justice Department investigation that led to guilty pleas by LG Display Co., Chunghwa Picture Tubes and Sharp preceded the litigation. The companies agreed in 2008 and 2009 to pay $585 million in criminal fines, the U.S. said. Litigation will continue against companies that didn't agree to the class-action settlement, including LG, Toshiba and AU Optronics, according to the statement from Ms. Bondi. Ms. Bondi's suit against those defendants is scheduled to go to trial in November 2012. The class-action suit in California is set for trial in April 2012, according to a court filing. Mr. Alioto said the class-action defendants are seeking more than $2 billion in damages in that jury trial in San Francisco. U.S. District Judge Susan Illston will preside. This settlement followed the exchange of "more than 7.8 million documents totaling more than 40 million pages" and more than 100 depositions, lawyers said in the Dec. 23 filing requesting preliminary approval of the accord. The other states involved in the settlement are Arkansas, Michigan, Missouri, West Virginia and Wisconsin. The case is In Re TFT-LCD (Flat Panel) Antitrust Litigation, 07- 01827, U.S. District Court for the Northern District of California (San Francisco). Asbestos Litigation ASBESTOS UPDATE: EPA-DEC Agents Foils Illegal Abatement ------------------------------------------------------- Anastasios "Taso" Kolokouris, 28, of Avon, N.Y., has been arrested and charged by Criminal Complaint with violating the Clean Air Act asbestos work practice standards involving asbestos removal and disturbance. The charges carry a maximum sentence of five years in prison and a $250,000 fine. Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that the defendant is an owner of a warehouse located at 920 Exchange Street, Rochester. Acting on a complaint, an inspector from the New York State Department of Labor, Asbestos Control Bureau visited the property on Dec. 13, 2011. According to the Complaint, the inspector observed people working in a large dumpster next to a loading dock. He observed large quantities of material that resembled asbestos in and around the dumpster and took some samples. A federal search warrant was obtained and federal and state agents entered the property on Dec. 14. Additional samples were taken and over 90 bags of dry, friable asbestos were observed inside the warehouse. The samples were analyzed by a lab, and they all tested positive for asbestos. The Complaint further alleges that Kolokouris hired several civilian workers without any asbestos training or experience to clean out the dumpster and load it into bags. "Because asbestos is known to be a hazardous material, any business owner involved in the remediation or redevelopment of property which contains asbestos is obligated to follow certain guidelines," said U.S. Attorney William J. Hochul, Jr. "These guidelines are designed to protect the health and safety of employees, as well as residents living in nearby neighborhoods. Our Office is committed to prosecuting those who ignore or violate the environmental laws designed to protect the public." "This arrest is a great example of the cooperative enforcement relationship between the Environmental Protection Agency and the New York State Department of Environmental Conservation," said DEC Commissioner Joe Martens. "Improperly handled asbestos poses a health risk to all who come in contact with it, and can lead to chronic disease such as Asbestosis, and Mesothelioma. This case is particularly heinous because it exposed workers to asbestos without adequate protective equipment to save the defendant the cost of legal abatement and disposal." The Criminal Complaint is the culmination of an investigation on the part of Special Agents of the U.S. Environmental Protection Agency - Criminal Investigation Division, under the direction of Special Agent-In-Charge William Lometti, Investigators of the New York State Department of Environmental Conservation Police, BECI, under the direction of Lieutenant Richard Thomas, the New York State Department of Labor, Asbestos Control Bureau, under the direction of Maureen Cox, and Officers from the City of Rochester, Office of Public Integrity, under Director George Markert. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty. Any person who was, at some time, present in or around 920 Exchange Street, Rochester, New York during the time period Aug. 1, 2011 to the present may have been exposed to the asbestos therein. For more information, please call the NYS Health Department, refer to the Web site of the U.S. Attorney's Office or call 1-800-799-6033. * * * Gary Craig at DemocratandChronicle.com reports that Kolokouris appeared in court on Dec. 20 and was released on his own recognizance. He must surrender his passport. He is scheduled to return to court Jan. 18. His attorney, Paul Vacca, said he is reviewing the allegations against Kolokouris. ASBESTOS UPDATE: Abatement Union Props Coffins in Protest --------------------------------------------------------- Rich Lee at Connecticut Post reports that a union representing asbestos-removal workers has come to Stamford to display a macabre way to protest the hiring of a non-union shop to remove asbestos from a New York City hotel. Local 78 of the 500,000-member Laborers International Union of North America has placed two coffins in front of the UBS North America headquarters on Washington Boulevard to protest the hiring of New York Insulation to remove asbestos from the Buckingham Hotel at 101 W. 57th St. in midtown Manhattan. Eli Kent, organizing director of Local 78, referring to a deed showing the 100-room hotel was purchased in June 2010 by 101 West 57th Street Hotel Investors LLC in care of Hartford-based UBS Realty Investors LLC, says the Buckingham is owned by the Swiss banking giant UBS, which is why the protest was set up in Stamford. A UBS spokesman said the property is owned by a client of UBS Global Asset Management and not by any entity of UBS. The local, which has 4,500 members in Greater New York, claims that New York Insulation has a spotty record in asbestos removal, and has had to correct their removal activities after violations were found in routine government inspections. A call to New York Insulation wasn't returned by press time. "This is an extremely dangerous industry," said Kent. "Over 10,000 die every year from asbestos exposure." A search of New York City property records showed that 101 West 57th Street Hotel Investors is still the owner of the Buckingham. The principals of the ownership group are not listed in New York State Department of State Division of Corporations records. The UBS spokesman said the 82-year-old building has been visited several times by New York State Department of Environmental Protection inspectors, and they have found no violations, and that the asbestos removal company has an impeccable track record. The union local will continue its protest at the UBS building, according to Kent, despite UBS' insistence that it does not own the hotel. "We'll be there for as long as it takes," he said. "We've reached out to UBS, and they never returned our calls. We want them to understand the effect of asbestos removal." ASBESTOS UPDATE: Illegal Dumping Suspected at Kingston ------------------------------------------------------ John Thistleton, Business Editor at The Canberra Times, reports that a Land Development Agency contractor has trucked in an unknown amount of asbestos to the prestigious Kingston Foreshore, in Australia, where land is being prepared for a mixed use development. Kingston resident Murray Upton has been questioning why WorkCover closed the worksite earlier this month. Upton said after more than two years work on the site involving extensive earthworks and dust problems, the closure required a full explanation, including why asbestos was not found during extensive surveys of the area. North of Eyre Street and west of The Causeway, the 2.68Ha site is vacant and a future mixed-use and urban area. The agency said earlier surveys did identify trace amounts of asbestos. As well as that discovery, a contractor responsible for civil works brought in fill material with trace amounts of asbestos which was being tested to see how much asbestos was present. Preliminary tests indicated it had come from building demolition waste. Agency environmental compliance officers identified the asbestos and implemented environmental control measures. "The prohibition notice was placed by Worksafe on Dec. 13 and lifted on Dec. 15 following a review of the Environmental Management Plan and the Occupational Health and Safety Plan applicable to the site," the agency said. Civil works had resumed on site and construction of roads and landscaping should be completed by March 2012 as per the program. The agency did not specify the source of the asbestos. Opposition Leader Zed Seselja said this wasn't the first time asbestos contamination had been discovered. "We had Molonglo, where tens of thousands of tons of contaminated soil was discovered directly under the proposed site for a pond. "More recently, we had the Lyneham oval situation, where we found that asbestos had not only been uncovered but had been moved to form part of the earthworks for the Gungahlin Drive Extension. "What is going wrong with our planning and promotion that we are not better prepared, that developers not forewarned, and that proper remediation is done before work commences?" he asked. ASBESTOS UPDATE: Garner Drywall, Davco et al. Face Suit ------------------------------------------------------- Kelly Holleran at The Madison St. Clair Record reports that another suit has been added to the growing list of cases in St. Clair County's asbestos docket. Larry Southerland filed an asbestos lawsuit in St. Clair County Circuit Court on Dec. 6 against 22 defendant corporations. Southerland does not specify where he resides. Southerland will be represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates in Edwardsville. In his complaint, Southerland alleges the 22 defendant companies caused him to develop lung cancer after his exposure to asbestos- containing products throughout his career. The complaint does not indicate where Southerland resides, however it states that he worked as a drywall installer in the Atlanta area at Garner Drywall from 1974 until 1980 and as a drywall installer at Davco Construction from 1980 until 1993, according to the complaint. The defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for the plaintiff's safety, the suit states. As a result of his asbestos-related disease, Southerland became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish, the complaint says. In addition, he became prevented from pursuing his normal course of employment and, as a result, lost large sums of money that would have accrued to him, he claims. In his five-count complaint, Southerland is seeking a judgment of more than $50,000, compensatory damages of more than $100,000 and punitive and exemplary damages of more than $100,000, plus other relief the court deems just. St. Clair County Circuit Court case number: 11-L-667. ASBESTOS UPDATE: Low Bidder Camcor Wins Joplin Abatement Job ------------------------------------------------------------ Debby Woodin of The Joplin Globe reports that demolition action is to be taken by the city of Joplin on 118 houses that city officials say were heavily damaged in the May 22 tornado but have not been razed. Owners of those residential properties have not been in touch with the city about any plans to clear out the remains of the houses, and the city is taking steps to do so without cooperation of the owners, if need be. To prepare for the demolition, the city has sought a contractor to inspect the properties for asbestos before they are demolished. Jack Schaller, the city's assistant public works director, told the Joplin City Council on Monday that city staff is placing the houses on the agenda 20 at a time for action by the Building Board of Appeals to condemn them. Owners who want to stop the action may contact the city's building department. Before the city condemns the houses and hires a contractor to knock them down, the properties must be checked for the possibility of asbestos, Schaller said. The city sought bids for a certified asbestos inspector and received 17 ranging from $23,010 to $263,730. The low bidder was Camcor Environmental, of Stella. Schaller said the company will have 30 days to inspect each group of 20 properties and prepare a report on whether asbestos materials are present on the property. Asbestos is generally found in properties built between 1930 and 1950, and in textured paint and wall patching compounds manufactured before 1977, according to the Environmental Protection Agency. There were several types of asbestos fibers used in the past to strengthen building materials, insulate buildings and provide fire-resistant barriers. Insulation used around pipes, furnace ducts, appliances and in walls and attics could contain asbestos. Floor tiles and adhesives, particularly those made of vinyl or rubber, often contained the material. Some soundproofing materials in ceilings and walls along with certain roofing materials also were made with asbestos. Breathing more than a few asbestos fibers can cause lung cancer and various types of lung diseases. The fibers are not usually dangerous when the materials containing them are intact. They become a risk when they are knocked loose, the building materials are torn apart or they crumble, such as during demolition, and a quantity is inhaled, according to the EPA. Schaller said that asbestos inspection also is needed to meet requirements set out by the Missouri Department of Natural Resources. The inspections also are regulated by the Missouri Department of Health. To contact the building department or see a list of the addresses slated for condemnation, people may visit the public works department on the fourth floor of City Hall, 602 S. Main St. ASBESTOS UPDATE: Contaminants Found Buried Under Campbell Site -------------------------------------------------------------- Megan Doherty of The Canberra Times reports asbestos has been found at another site designated for a multi-million dollar development -- this time in Campbell. The Land Development Agency has confirmed asbestos is present at a site off Constitution Avenue designated for a $250 million mixed- use development, including apartments for 800 residents. Campbell historian Alan Foskett said a rubbish dump was definitely in the area of Constitution Avenue in the 1950s. The Canberra Times also reported in 1953 that the fire brigade attended a fire "in the rubbish dump near Constitution Avenue" and that dumped rubbish there was "persistently being set alight." Mr. Foskett said the rubbish dump was in a creek bed and probably filled in when defence housing started to be built in Campbell in about 1957-58. "Certainly there was a rubbish dump in that vicinity," he said. Land Development Agency chief executive officer David Dawes says there was no health risk from the asbestos at this stage because it was bound in the soil. The asbestos would be disturbed when moved during remediation but measures would be taken to ensure it did not become airborne including using water to wet down the soil and air-monitoring devices. "Based on a contamination assessment by an independent consultant, works are required to remediate identified asbestos and petroleum product contamination, builder's rubble, rubbish and household waste in the south-east and central areas of the site," Mr. Dawes said. "Remediation of asbestos contamination in near-surface topsoils is also required in the central south-west and north-west areas of the site, which consultants have informed is bound within the root zone of grasses and weeds." The Environment Protection Agency needs to approve a remediation plan for the site. A construction environmental management plan also needs to be put in place to ensure the contractor takes the measures to keep the asbestos safely contained when moved. "Works will be conducted in consultation with an environmental specialist who will also independently audit the affected areas once the remedial works have been completed," Mr. Dawes said. The LDA did not comment on locals being aware of the existence of a rubbish dump in the area in the past. It is just the latest in a growing list of building sites contaminated by asbestos in the ACT, with sites at Kingston, Molonglo and Lyneham also affected. A masterplan for the Constitution Avenue development is yet to go to the National Capital Authority. ASBESTOS UPDATE: Abatement Issues Disrupt Durfee Tech Project ------------------------------------------------------------- Michael Holtzman, staff reporter at The Herald News, relates that there was no surprise about asbestos lining inside space of the former trade school and community college at 64 Durfee St. What did draw officials' attention was how it was being removed. Now, less than three months after Rhode Island developers took ownership of the property and began renovations, the Durfee Tech project the Redevelopment Authority tried to sell for three years has been shut down. At the same time, a leaking roof is letting in buckets of rain. "All persons are hereby ordered to cease and desist any and all use or occupancy of this structure," reads the bold orange notices on Durfee and Green streets, on front and rear entrances of the sprawling century-old structures. Director of Inspectional Services Joseph Biszko, assisted by state Department of Environmental Protection officials, issued that notice following a complaint and investigation, he said. Mr. Biszko delivered notices this week to fire and police departments telling public safety officials not to enter the downtown structure without protective garments for hazardous materials. Partners David and Kevin Ryan, father and son, and Benjamin Burbank, with significant development experience, took ownership of the long-vacant and problematic property in early October as 64 Durfee St. LLC. Their aim is to renovate three major buildings, totalling 90,000 square feet, into 40 mixed-use rental units and two larger commercial spaces. They bought the 1-acre downtown property for $45,000 from the Redevelopment Authority on Oct. 4 as the sole bidder. It followed months of negotiations because RA officials were sceptical the group was prepared to commit the necessary funding. The estimated project cost is $1.7 million to $2.2 million. "You need building permits for this," Biszko said, while explaining the investigations he's conducted with other city building and fire officials, assisted by state DEP representatives. Biszko said roofing plywood was being removed in order to repair several "6- to 8-inch wide" holes a foot or so long. He also said older 9-by-9 inch square interior floor titles -- often a sign of asbestos content -- were lifted and removed, along with broken piping wraps that DEP laboratory tests showed to contain the material that's a known carcinogenic when disturbed. Biszko said he informed the developers' workers during an initial investigation three weeks ago not to dispose of those materials. He was uncertain what was done with the tiles and piping wraps. Biszko said that Andrew Cooney, an asbestos investigator from the Department of Environmental Protection district office in Lakeville, received the initial complaint and called him. The DEP on Dec. 22 offered conflicting information. "We were notified and did assist the city," DEP spokesman Joseph Ferson said. "We got a complaint about it being improper asbestos removal," Ferson said during a second interview after he initially referred comments to the city building department because of the action Biszko took. Ferson also said they contacted the state Division of Occupational Safety. But the DEP spokesman further stated that "it's not an active asbestos removal site" and "there was not any improper asbestos removal," statements Biszko said he found very puzzling. Two weeks after their initial investigation, Biszko said Cooney called him to say, "They're pulling up asbestos without a permit, and that's a problem." Biszko said when he examined the roofing materials with two DEP officials, all three were wearing hazardous materials suits and breathing apparatus to go through the building and access the roof. Biszko said he spoke at the site with Burbank, a contractor and developer who focuses on environmentally friendly technology. "I told Burbank outside that the DEP and I came to an understanding that 'I'll let you fix the roof and that's it.' "He agreed," Biszko said. "Ben Burbank was completely cooperative." What the city and state officials decided was that in order to fix the roof the company needs to hire an architect to oversee those repairs. Also, any workers accessing the roof will need to wear protective hazardous materials clothing. The architect has been in touch with the building inspection department, Biszko said. "I tried to do everything I could to protect everyone as soon as we found out," Biszko said. Kenneth Fiola Jr., Fall River Office of Economic Development executive vice president who works on behalf of the Redevelopment Authority, said they have significant concerns. Fiola said Biszko and DEP officials had contacted him. He was told the cease and desist was issued because of "the owners' failure to uphold proper permits on work associated with rehabilitation of the buildings." Fiola also said he understood they "may have been improperly disposing of asbestos materials." Fiola said that he had send a letter to the Ryans and Burbank on behalf of the RA seeking an explanation. "I'll be asking them for a project update in light of the information from the building inspector and DEP to ascertain what's going on with the project," said Fiola. Fiola, who three years ago supported a $13.5 million low-income housing renovation project funded through tax credits by a division of Peabody Properties, has questioned the new owners' financial approach. "Ryan and Burbank were informed the estimate by Peabody for asbestos removal was $750,000," Fiola said. "It doesn't appear that they adhered to proper procedures for its removal." ASBESTOS UPDATE: Hazards Delay Demolition of Eastmond Pavilion -------------------------------------------------------------- Charlie LaPlaca at Manasquan-Belmar Patch reports that the plan to demolish the Beach Patrol headquarters hit a small road bump last week after environmental inspectors discovered asbestos in the adhesive beneath the tile flooring, officials said. A mandatory inspection of the 60-year-old Eastmond Pavilion was being conducted last week ahead of its planned demolition, which will now be delayed by at least a few days after inspectors discovered asbestos in the adhesive used to lay down the vinyl flooring and the borough awaits a permit from the state to remove the potentially harmful material, Mayor George Dempsey said on Dec. 21. The permit could take as many as ten days to arrive, he said. At the Dec. 19 Borough Council meeting, the council passed a resolution 5-1 authorizing the remediation of the asbestos before the building can be demolished. Councilwoman Patricia Connolly, an outspoken critic of the pavilion project, cast the lone vote against the measure. The inspectors found asbestos beneath roughly 1800 square feet of flooring, Council President Jeff Lee said. The removal process, which will be handled by Colts Neck-based Ace Insulation Co., will cost the borough $6.37 per square foot, putting the total at just under $12,000, said Lee, the Beach Committee Chairman. The job should take no longer than two days to complete, Dempsey said. "It was not a danger to anybody, but it has to be remediated before we can demolish the building because once you start knocking it down, the asbestos is friable and it gets in the air and it becomes a hazard," Councilman Edward Donovan, the Public Works Committee Chairman, said on Dec. 21. Connolly, in an email, said the asbestos removal just adds more money to a project that, in her opinion, was not needed. "The old building withstood storms and hurricanes for over 60 years and could be renovated; a new building is a symbol of out of control spending during these difficult economic times," she said. The borough had hoped to demolish the 60-year-old pavilion on Main Street and Beachfront by the end of the month and has bonded $1.6 million to build a brand new structure in its place for the beginning of the 2013 beach season. Trailers will temporarily house Beach Patrol operations for the 2012 summer season, officials have said. ASBESTOS UPDATE: HazMats Dumped and Burnt at Banana Shire --------------------------------------------------------- Cameron McCrohon at Central Telegraph (AU) reports that Banana residents were locked out of their rubbish tip for four days, after asbestos panels were illegally dumped and burnt at the site. The tip was closed immediately after the council received a phone call warning the dangerous material had been disposed of at the site. "A guy had demolished a building in town and then dumped all the asbestos panels at the Banana tip," Banana Shire director of community services Andrew Reid said. "He phoned us up to let us know that he had placed the material at the tip, but there was no need for the council to be too concerned because he had put a match to it," Mr. Reid said. This prompted immediate action and Queensland Health became involved and directed the council to close the dump immediately, until all the dangerous material was removed. The gates at the site were locked for four days, while an asbestos hygienist travelled from Brisbane to remove all the asbestos material and clean up the rubbish tip. "Within about four hours of the gates being locked, a bulk bin was placed outside the gate for residents to dispose of their household waste," Mr. Reid said. "This wasn't ideal because of the high side on the bin and it did cause a bit of inconvenience for some residents, but we had no other alternative." Mr. Reid said the illegal dumping of asbestos materials was becoming a problem in other parts of the shire as well. "There are strict rules that regulate the removal and disposal of asbestos. It is a dangerous material... there are hefty penalties for those caught not disposing of it in the proper manner." Mr. Reid said there was a significant cost to the council to remove the asbestos and clean up the Banana tip. "We are looking at about GBP20,000 just to get the hygienist up from Brisbane, let alone other costs." He said it was likely the man responsible for dumping the asbestos would be punished in accordance with the Environmental Protection Act. ASBESTOS UPDATE: Shelby Environmental Law Violators Plead Guilty ---------------------------------------------------------------- Kevin Dietz, Investigative Reporter at WDIV-Detroit, reports that The Local 4 Defenders have learned two men have pleaded guilty to violating the Clean Air Act. Federal prosecutors said Brian Waite and Daniel Clements did not follow any safety standards when removing asbestos from a plant on Mound Road in Shelby Township. The men allowed crew workers to stuff evidence into garbage bags and throw it into dumpsters. Waite and Clements will face time in federal prison. Their guilty pleas were made in hopes of getting lighter sentences. Federal prosecutors have also charged their supervisor, Jose Ramos, with violating the Clean Air act. Ramos is scheduled to appear in court Jan. 10. Waite and Clements are scheduled to be sentenced in February. ASBESTOS UPDATE: EPA Admits Fort Worth Project Workers Unprotected ------------------------------------------------------------------ The Mesothelioma Center reports that five years after approving an experimental asbestos demolition project in Fort Worth, Texas, the Environmental Protection Agency has admitted that construction workers may not have been adequately protected from asbestos during the procedure. In 2007, workers began demolition on one of the buildings in Fort Worth's Oak Hollow apartment complex. During the project, workers stood several yards away from the asbestos-containing structures and sprayed the walls, ceilings and floors with a soapy formula. This wet demolition method was tested as an alternative to the standard process in which asbestos is removed before construction begins. Although concern had previously been expressed about the safety of these alternative asbestos removal methods, it was not until Dec. 14, 2011, that the U.S. Inspector General Arthur A. Elkins contacted the EPA with a formal complaint. Elkins reached out to the EPA with regarding the method's compliance with Occupational Safety and Health Administration regulations. Construction workers and government employees were onsite without protective equipment, and post-demolition tests "demonstrated asbestos fibers releases." The tests also indicated that dust settled outside of the construction area, placing the general public at risk for asbestos exposure as well. Asbestos exposure has been shown to lead to serious illnesses such as mesothelioma and asbestosis. While prolonged exposure over a span of many years poses the greatest risk, rare cases have shown that even a single point of exposure can result in illness. The Environmental Protection Agency was advised to issue public notices to the construction workers and residents near the construction site. Although wet asbestos fibers are less likely to become airborne than dry fibers, which are considered friable, the EPA has yet to prove that the wet demolition method is "protective of human health." In comparative tests at Fort Chaffee, the alternative method was found to leave more asbestos particulate in the air than the standard removal methods. However, the air particulate levels produced by both methods were under the detection limit. The Fort Worth project was the first urban test of the wet method, but alternative asbestos abatement practices have been considered since 1999 to reduce removal costs. The Fort Worth area had been proposed for a similar wet method experiment in 2005, but the project was shut down by the group Public Justice. Other areas where alternative demolition procedures were approved include the Hanford Superfund Site in Richland, Wash., and a diffusion plant in Paducah, Ken. ASBESTOS UPDATE: Ex-Naval Mechanic Dies of Mesothelioma ------------------------------------------------------- The Local at www.bournelocal.co.uk reports a former naval mechanic died of cancer caused by asbestos exposure. Ronald Carter, 81, of Vine Court, Billingborough, was diagnosed with malignant mesothelioma in June this year and died on Oct. 4. An inquest at Stamford Town Hall heard Mr. Carter was exposed to asbestos while working as a boiler stoker and mechanic in the engine room of HMS Abercrombie. Coroner Gordon Ryall read out a statement prepared by Mr. Carter in September for a personal injury claim which said all the pipes in the ship were lagged with asbestos. The pipes also ran through the sleeping quarters so it was almost unavoidable they would be knocked or damaged due to the confined nature of the ship. This would have released asbestos fibers into the air. After leaving the Navy Mr. Carter worked for Standard Telephones and Cables and BAE Systems testing radio equipment. The inquest heard some of the equipment he tested contained non- conductive material which could have been asbestos. Mr. Ryall recorded a narrative verdict. He said: "Mr. Carter was exposed to asbestos. He died from the industrial disease of malignant mesothelioma. "The exposure during his time in the Navy was very common. At the time it wasn't appreciated what a dangerous material it was. It is a nasty condition with an unpleasant last few months." Speaking after the inquest, Mr. Carter's daughter Lynne, of Swinderby, near Lincoln, said more information about the dangers of asbestos exposure should be available. She said: "I am glad I found out the cause. "He was a fit man and there was no indication he was ill. But once it is diagnosed there is nothing you can do. People should know about it." Ms. Carter praised the Derbyshire Asbestos Support Team which supported her and her father throughout his illness. ASBESTOS UPDATE: Contamination at Old Celanese Plant Alarms EPA --------------------------------------------------------------- The Mesothelioma Center reports the demolition of an old Celanese chemical plant in Rome, Ga., has other nearby industries scrambling for cover as the U.S. Environmental Protection Agency investigates just how serious an asbestos threat remains amidst the bricks and other rubble at the site. According to an article in the Rome News-Tribune, the EPA has requested that all nearby businesses shut their doors and warehouse bays until they can better assess the extent of the problem. EPA On-Scene Coordinator Rick Jardine told the media that the agency is currently trying to stabilize the asbestos that was not properly contained when the building was being torn down. "Actually, we are considering it potentially an imminent threat. Imminent does not mean immediate," Jardine explained. "It means sooner or later a threat such as this could cause adverse health effects." Asbestos is a known carcinogen that can attack the lungs and other organs and cause pleural mesothelioma, peritoneal mesothelioma, and other types of cancer. Asbestos, no longer used in the U.S., was an ingredient in a plethora of construction products for much of the 20th century. Chemical companies like Celanese, which operate an abundance of high-temperature equipment, largely used the material as insulation because of its excellent fireproofing properties. Jardine told area businesses that keeping their doors closed is currently just a precaution. As the EPA's Emergency Response and Removal Branch sifts through the remaining rubble, it is likely that dust from the site could be carried with the wind and that dangerous fibers could become airborne and asbestos exposure could occur. Jardine did confirm that recent samples taken from the site contained asbestos and explained that the piles of rubble would be put into containers and sealed while the EPA sought an area landfill that could accept the toxic waste. The EPA notes that the current property owner had planned to demolish the building and then recycle the remaining steel. However, a dispute between the owner and a former partner brought everything to a halt in late October. Jardine said he didn't know how long the property had been in this condition but hopes that they can get 90% of the clean-up accomplished within a week. ASBESTOS UPDATE: Hazardous Particles Shut Down St Mark's Centre --------------------------------------------------------------- The BBC News Northampton reports that St Mark's centre on Luke Road in Corby which is home to six businesses has been closed until the test results are known. Corby Borough Council said it found a "minute" amount and there was no immediate threat to health. Mark Stonestreet, who runs Bell Recruitment from St Mark's Centre, said business had taken a knock. He said: "It has had a big impact on us because we have people coming to the door on a daily basis responding to adverts. "We now have to try to get the word out to our clients as quickly as possible." Norman Stronach, of Corby Borough Council, said it was doing everything it could to re-house the businesses. "We have successfully relocated four of the tenants into our Enterprise Centre and we are confident that we will find premises for the other two very soon." The asbestos particles were discovered during an annual routine building inspection. "There are a number of questions around why the particles have only been revealed now and we will have to look further into this," said Mr. Stronach. ASBESTOS UPDATE: Abatement of Liverpool School Has Green Light -------------------------------------------------------------- Newport Television (WSYR-TV) relates that now that students are off on holiday break, contractors will begin to remove asbestos from Liverpool Elementary. The school district says asbestos was found in some flooring tile, mastic and pipe insulation. The school is closed until Jan. 2, 2012, which should give workers enough time to complete the work. Asbestos was also removed from the school over last year's holiday break. Air quality test results should be in by the end of the year. ASBESTOS UPDATE: Poole Warehouse Thieves in Danger of Exposure -------------------------------------------------------------- The Bournemouth Echo (Dorset) reports that burglars who struck at a Poole warehouse may be at risk of asbestos poisoning. The offenders, who stole tools and CCTV equipment from the building behind the Pilkington Tiles site on Blandford Road, forced open a door and smashed through a panel of raw asbestos. Police are appealing for witnesses to the incident between 8pm on Friday Dec. 16, and 10am on Saturday Dec. 17, and warning that the thieves may have suffered from asbestos contamination. Officers are also urging members of the public not to enter the warehouse, but there is no risk to passers-by or residents. Sergeant Anthony Faulkner, of Poole police, said: "I am appealing for anyone who witnessed this burglary to contact me at the earliest opportunity. "The offenders may have unwittingly exposed themselves to asbestos and I would urge them to contact police so that we can progress our investigation and deal with any after-care issues that may have arisen." Witnesses and anyone with information should call Dorset Police in confidence on 101 quoting incident number 17:238. ASBESTOS UPDATE: Korean Engineers Develop Fiber ID System --------------------------------------------------------- An article dated Dec. 26 in Surviving Mesothelioma and Cancer Monthly relates that although it is known to cause mesothelioma and a host of other diseases, asbestos is still in use in workplaces around the world. According to the Occupational Safety and Health Administration (OSHA), as many as 1.3 million Americans are exposed to significant amounts of asbestos in the workplace. Historically, those who mine the raw material are at greatest risk for mesothelioma, along with those who work in construction or in manufacturing asbestos-containing products. Inhaled fibers can cause irritation and inflammation that can trigger mesothelioma and other asbestos related diseases even decades after exposure. Because higher concentrations of airborne asbestos increase the health risk, workplace monitoring of airborne asbestos is required to help protect workers from mesothelioma and other diseases. Phase contrast microscopy (PCM) is one of the most common methods used. With PCM, a sample is collected on a mixed cellulose ester membrane filter which is then cleared with a chemical solution and the collected fibers are counted under 400x magnification. But PCM requires a high degree of sophistication on the part of the microscopist performing the test. It is also not capable of distinguishing between asbestos and non-asbestos fibers, so all the fibers that meet the counting criteria are counted as asbestos. Now a group of mechanical engineers in South Korea have developed an automated system using high-throughput microscopy (HTM) that they say can quickly and accurately distinguish asbestos fibers from other particles on a sample slide. To test the effectiveness of the HTM system, the researchers used the method to measure known concentrations of airborne asbestos at 11 different workplaces where asbestos is used. The results showed "a reasonably good agreement in the asbestos concentration" when compared with conventional testing methods. Because of HTM's accuracy and higher efficiency, the team suggests that it be considered as an alternative to conventional PCM for preventing mesothelioma and other asbestos related diseases through onsite workplace monitoring. Mesothelioma is a particularly difficult cancer to treat and nearly all cases would have been avoidable if asbestos had been previously removed from products and workplaces. The fact that asbestos is still ubiquitous means that people of all ages are still being potentially exposed to this mesothelioma-causing carcinogen. New automated tests like HTM may help protect workers from being diagnosed with mesothelioma in the future. ASBESTOS UPDATE: Housing Project Uses Hazard Materials to Cut Cost ------------------------------------------------------------------ Iftikhar Gilani at Daily News & Analysis in New Delhi reports that The Centre's Rs10,000 crore worth annual housing flagship scheme, Indira Awaas Yojana, aimed at providing rural poor is proving to be a security risk to its beneficiaries and plunging them into more debt. Use of carcinogenic asbestos sheets to keep the cost below the ceiling of Rs45,000 per house under the scheme has also raised fears of a health hazard. The National Human Rights Commission has raised questions on the hazards of the scheme in a study conducted by its member Satyabrata Pal, a retired 1972 batch IFS officer who was till recently India's high commissioner in Pakistan. Though money under the scheme is less susceptible to loot as it goes directly to the beneficiaries, the amount is not sufficient to build a mandatory pucca cement and concrete house. This makes the poor borrow heavily from money-lenders to make use of the scheme and end up into a serious debt trap. The scheme is basically to help the BPL families, especially in the Naxal-hit districts to have own dwellings. "The scheme involves granting Rs45,000 to villagers for constructing a house. Initially, villagers take an advance of Rs20,000, soon to realize that a house cannot be built with this meager amount. Then they go to a money-lender and fall into a debt trap. The scheme in many ways has added a new form of bondage in rural India," says the former diplomat. Further, since there is no quality control, the use of bricks and heavy material even in highly seismic zones is a recipe for a disaster. "Earlier, while it was mud and thatch falling on these poor villagers, now they may get buried under the rubble of bricks and mortar if hit by an earthquake," says Pal. If earthquakes spares them, use of carcinogenic asbestos has the capacity to invite health problems. The Centre has even slashed import duties of asbestos to 70-80% to allow its use in low cost housing, he said. And, even after they construct houses, it is not possible to build a sanitary toilet and they continue defecate in public, he added. ASBESTOS UPDATE: Wash. City Takes Care of Exposed Firefighters -------------------------------------------------------------- Elizabeth Dinh at Komo News reports that a group of Everett, Wash., firefighters who feared they may have been exposed to asbestos during training finally are about to get specialized health monitoring they have sought for years. It's a big win for the group of more than 50 firefighters who filed a lawsuit, took on the city of Everett and won. "We risk our lives for the citizens," says firefighter Eric Coston, secretary of the labor union who represents the group. "We don't ask any special treatment, we just want to be taken care of." In 2007, during routine training, the firefighters went into old, soon-to-be-demolished buildings that may have contained asbestos. "They went in there with their chainsaws and their axes, they cut up these buildings, pretending that they were on fire," says Coston. Coston helped bring up concerns with the city of Everett, and was surprised at the response. "We expect the city would have our back, and in this case, they didn't," he says. "We had to push the issue just to take care of these members that were exposed." The group of firefighters filed a claim for $9 million -- but recently dropped their lawsuit when the city agreed to set up a health monitoring program. "The agreement addresses the issues raised by the firefighters," a city spokesperson said in a prepared statement. "The city is always interested in the well being of its employees. The city feels the settlement is fair." Under the agreement, the firefighters will be able to get the medical tests needed -- for the rest of their lives. That's an important detail, they say, because symptoms of mesothelioma -- the lung cancer which can be caused by asbestos -- don't often show up for several decades. "This has been a 4 1/2-year marathon to get this taken care of," says Coston. The agreement does not cover any other firefighters -- just those in the original complaint. ASBESTOS UPDATE: Unsellable Building for Abatement Demolished ------------------------------------------------------------- WLWT.com reports that work has began to demolish the old fire station in the heart of downtown Mason. Old Fire Station 51 was built in the 1960s but has since been deemed a safety hazard. Its location doesn't allow for a sidewalk, and it presents a visibility problem for drivers. Mason City Council voted to tear down the building in late November. There had been potential buyers for the new building, but it would have cost too much to clean up asbestos and electrical issues in the structure. Bulldozers arrived on Dec. 26 and began tearing down the structure. When the fire station was built in 1964, it was the Village of Mason in Deerfield Township and firefighters covered an area of 120 square miles. Jerry Mullins was one of the original firefighters at Fire Station 51. He said it was emotional watching the building being torn down. "We were a volunteer fire company, probably 35 men. No women at that time. And we are the ones who decided we needed a larger fire house, so we could have more fire equipment and have a place to service residents of Deerfield Township," Mullins said. Artifacts from inside the fire station have been removed so that they can be preserved. Officials in Mason said the city will use the lot for parking. Future plans for the site are uncertain. ASBESTOS UPDATE: EPA Lists Probable Carcinogen Sources in Homes --------------------------------------------------------------- Stephanie Andre of The Safety Report relates that asbestos' ability to cause fatal diseases -- through fiber inhalation -- has been known since the 1920s and to cause cancer since the 1930s. Asbestos, a group of naturally occurring mineral fibers with the ability to be separated into thin threads, is resistant to fire, heat and chemicals and does not conduct electricity. As such, the fibers were often used in products such as Sheetrock joint compound, roofing, shingles and auto parts. While the product has not been used in decades, it still poses a risk of malignant mesothelioma, lung cancer and asbestosis, as many building products and insulation materials contained asbestos up until the 1970s, according to the National Cancer Institute. According to the EPA, here are some places asbestos may still be intact. Insulation Materials: Asbestos was commonly used in products used to cover steam pipes, furnace ducts or boilers. Such insulation can also be found throughout the home in the form of cement sheet, paper and millboard around wood stoves or furnaces. Such insulation can often be found in the attic or walls of a house. Ceilings and Walls: While the use of such compounds was banned in 1977, many older homes could still be contaminated, and sanding or scraping such surfaces could disturb the mineral fibers. Roofing and Shingles: Such products were often manufactured using asbestos fiber in asphalts or cement, meaning the carcinogen could be released into the environment if the products are cut or drilled. Around the House: Keep an eye out for the materials in soundproofing or decorative products, such as acoustic ceiling tiles, oven door gaskets, resilient flooring -- also known as vinyl or sheet vinyl -- and stovetop pads. Your Car: The automotive industry used asbestos in the production of vehicles for a number of years. For this reason, millions of cars and trucks may still contain asbestos in their brake pads and linings, transmissions, gaskets and clutch facings. ASBESTOS UPDATE: More Free Services at Mesothelioma Victims Center ------------------------------------------------------------------ The Mesothelioma Victims Center upgrades its unparalleled free services for U.S. Navy veterans and all victims of Mesothelioma With its Mesothelioma Victims Bill of Rights. The Mesothelioma Victims Center says, "Why is our Mesothelioma Victims Bill of Rights so important for victims, or for families of mesothelioma victims? Upon learning of a mesothelioma diagnosis many victims, or their families do not know what to do. Most individuals, or families dealing with a mesothelioma diagnosis typically know little to nothing, about this very rare form of cancer. "Our Mesothelioma Victims Bill of Rights is all about getting a mesothelioma victim, or their families up to speed on things they should know. We have tried to make the process much simpler for a victim of mesothelioma, or their family members, by providing individually researched mesothelioma cancer treatment options, in the specific area, or region of the victim. "In addition, we will provide the mesothelioma victim, or their families with the names, and specific contacts of the best mesothelioma attorneys, or mesothelioma trial law firms in the nation, and the mesothelioma victim, or their family simply picks, the mesothelioma attorney, or mesothelioma trial law firm they like the best. No other group, or organization in the United States offers free extremely high quality services like these." The Mesothelioma Victim Center's Bill of Rights includes: The names and specific contacts for the most successful, and reputable mesothelioma attorneys, or mesothelioma trial lawyers in the United States. A customized mesothelioma cancer treatment options report, that is designed to identify the best mesothelioma cancer treatment options, in the specific area, region, and nation for a victim of mesothelioma. The Mesothelioma Victims Center will always be on call to any family dealing with mesothelioma. This includes assisting a family with how to live with mesothelioma, assistance with hospice, or any other need they may have. Who can get Mesothelioma? Mesothelioma is linked to exposure to asbestos. Individuals who served in the U.S. Navy, or as oil refinery workers, ship yard workers, employees of defense contractors, rail road workers, power plant workers, chemical industry workers, automotive repair specialists, construction workers, plumbers, demolition contractors, were all exposed to asbestos in the 1940's, 1950's, 1960's, 1070's, and 1980's. Tragically, one third of all U.S. mesothelioma victims served in the United States Navy, or are U.S. Navy Veterans. The Mesothelioma Victims Center says, "The worst thing about a mesothelioma cancer diagnosis is typically it comes out of the blue. Frequently, an individual served in the Navy, worked in a power plant, an oil refinery, or a shipyard decades ago, they get pneumonia type symptoms, it does not get better, and in some cases the doctors finally figure out its mesothelioma." Individuals, or families dealing with a mesothelioma diagnosis, or living with mesothelioma are encouraged to contact the Mesothelioma Victims Center anytime at 866-714-6466 or via their web site at http://MesotheliomaVictimsCenter.com/for their unparalleled free services. ASBESTOS UPDATE: Abatement of Children's Justice Center Begins -------------------------------------------------------------- Bryon Saxton at the Standard-Examiner Davis Bureau reports that before the old Davis County Children's Justice Center can come down, the asbestos in the building has got to come out. On Dec. 20, the Davis County Commission approved a $3,785 contract with Eagle Environment, Inc., of North Salt Lake, to remove the asbestos beginning on Wednesday, Dec. 28. The building is located at 125 S. Main Street in Farmington. There is "not a tremendous amount" of asbestos that has to be removed from the building, said Barry Burton, the county's project manager for the $22.5 million Memorial Courthouse campus renovation, of which a new CJC building is part of. Most of the asbestos in the current CJC building is a result of it being an older home, in which the county renovated into a center, Burton said. The Davis CJC, established in 1996, is scheduled to be razed Tuesday, Jan. 3, to make room for a new main branch library, which is also part of the campus renovation project. "That is a very well worn building that has served its purpose," Davis County Commissioner Bret Millburn said of the old center. The goal is to open the new $1.5 million Davis CJC building, which has been built just east of the old CJC building, by Dec. 28. The new CJC, library and multi-story 90,000 square-foot administrative office building, is part of a courthouse campus renovation taking place at 28 E. State Street in downtown Farmington. Related to that same project, the commission also approved a change order for $256,909 for the renovation work to cover a variety of changes associated with the construction of the three new county buildings. About 30% of the change order centered around an increase in the price of steel, Burton said. "We feel very confident that these (changes) are all warranted," Burton said. "We anticipated these (type of) changes were going to occur, and we are well within the budget." Davis County Clerk/Auditor Steve Rawlings said the county, in using "recovery zone bonds" made available through federal stimulus money for the campus renovation, has been able to build into the construction budget a large contingency amount to cover any increases that may arise with such a large project. ASBESTOS UPDATE: Firemen, Regularly at Risk of Carcinogen Exposure ------------------------------------------------------------------ The Mesothelioma center relates that firefighters in Lackawanna, New York, are concerned after tests confirmed that asbestos fibers are present in the firehouse where they work. The firemen were evacuated from Fire House 3 at 2990 South Park Ave. after two samples tested positive for asbestos. Large amounts of dust in the air was first noticed by the firefighters, which then sparked testing of the air samples. That led to the evacuation. The firefighters has spoken at Lackawanna City Council meeting, voicing their concern about getting the situation properly corrected and ensuring that their health is not in danger. Asbestos exposure is believed to be caused from abatement work conducted back in November on the building's piping and boiler system. "We should've been out of the firehouse immediately upon knowing there were dangerous levels of asbestos present," said Thomas R. Mendez, president of Local 3166, Lackawanna Professional Firefighters Association. The firemen are concerned because of the known danger that asbestos exposure causes. Since the 1960s, it has been proven that this exposure can cause mesothelioma, a rare cancer of the lining of the lungs, in addition to other asbestos-related diseases. Because of the fatal nature of this disease, frequent diagnostic testing is recommended to those who may have potentially been exposed. Lackawanna firefighters will likely be encouraged to receive testing for exposure because of the severity of the air sample test results. According to Lt. James J. Fino, the test results showed "astronomical levels of asbestos." "It's a huge concern for all of our members. We've been in there up until Saturday." In the line of public service, asbestos exposure is not a rare occurrence for firemen. As it may come at little comfort to the fire team of Lackawanna, their occupation does involve interaction with asbestos more often than they would like. Between the frequent dangers of entering fire-blazing buildings that are often constructed with asbestos, to using potentially asbestos-containing materials on a daily basis, to the reality that many firehouses themselves are constructed with the toxic material, these workers are undoubtedly at an increased risk of health issues. This has become evident through countless events in recent history. One of the most notable cases of firefighters being exposed to increased amounts of asbestos involves a day that our nation will never forget: September 11, 2001. Immediately after the attack on the World Trade Center, first responders quickly rushed into the scene, many of whom were firefighters, policemen and first-aid workers. Because asbestos was widely used in the lower stories of the World Trade Center, asbestos fibers quickly became airborne as the towers collapsed. These responders rushed into the scene and remained there throughout the rescue and recovery efforts where large amounts of these toxic fibers were ingested. The hazard came immediately and affected some within very short periods of time. Beyond the 9/11 attacks, firefighters often face additional dangers, including rescues they perform on a regular basis. Just as the toxic substance was used in large buildings and structures, it was also frequently used to construct homes and offices. When these structures become inflamed, firemen are at risk if the asbestos gets disturbed and the fibers become airborne. This applies to residential homes and places where the majority of their work is conducted. While they perform their duty to put out the fire, they may very well be inhaling toxic dust. Recent events have spawned some to look more carefully at the work environment of our servicemen. According to a 2010 news story, dozens of firefighters from Everett, Washington, filed claims against the city seeking $9 million because the city allowed the men to conduct training exercises in buildings with known asbestos-contaminants. The buildings were owned by the city and therefore were used for training purposes, despite the fact that some officials knew the building contained toxic substances. The firemen and their family were reportedly not suing for cash, but more so for the city to cover lifetime medical expenses related to the monitoring of asbestos-related health issues. Other unfortunate circumstances where firemen may be at increased risk of asbestos exposure include their daily interaction with their equipment. Asbestos was widely used because of its insulating and heat-resistant properties. For firefighting, these characteristics are extremely useful. Therefore, prior to the discovery of the link between asbestos and cancer, firefighting equipment manufacturers often included asbestos in products like gloves and protective clothing. During situations where the asbestos in these equipment pieces become disturbed, the fibers again become airborne and toxic to those who inhale it. Unfortunately, through the continuous and physical nature of the job, it is likely that this equipment will become damaged and will therefore potentially cause asbestos fibers to entire the air. ASBESTOS UPDATE: Law Firm Shares Inspector General Elkins' View --------------------------------------------------------------- Mesothelioma attorneys Clapper Patti Schweizer & Mason represent clients every day who are suffering from asbestos cancer and diseases after being exposed to the toxic mineral. With the recent controversy in Canada whether it's safe to re-open asbestos mining and continue exporting to other nations, the statement that "there is no safe level of exposure to asbestos" by Inspector General Elkins of the United States Environmental Protection Agency is more than welcomed by those who watch as thousands die due to an exposure that could so easily be prevented. The recent statement comes after discovery that the EPA actually allowed unsafe handling of asbestos by their own employees and contract workers during tests in Texas and Arkansas in 2006 and 2007 and more recently in Washington and possibly Kentucky during demolition of buildings known to contain the carcinogen. Inspector General Elkins states in an Early Warning Report released last week: "...settled dust results obtained from testing during AACM demolition experiments at Fort Chaffee, Arkansas, and Fort Worth, Texas, demonstrated asbestos fiber releases. Video footage and photos show government employees and contractors at the demolition sites without personal protective equipment, a possible violation of OSHA asbestos worker protection requirements. Because settled dust results indicate that asbestos escaped the restricted areas, unprotected workers adjacent to the restricted areas and any members of the public in the vicinity of the sites may have been exposed. EPA should identify the workers that were present, and notify them according to OSHA regulations. Further, EPA should notify the surrounding public of potential asbestos exposure during these AACM experiments." Elkins further states all government agencies should immediately stop any further use of the unapproved method of asbestos removal during demolition of contaminated buildings at any other sites that were considering using the alternative. Regulations regarding the removal of asbestos containing materials were initially created in the Asbestos NESHAP rule in 1973. This rule requires that any materials known or suspected to contain asbestos must be removed by trained abatement specialists wearing specific protective gear before a building can be demolished. The EPA was experimenting with using an "Alternative Asbestos Control Method" (AACM) that later proved to be unsafe, with tests after demolition showing asbestos in the air beyond safety levels as defined by the Asbestos NESHAP. If asbestos is determined to be "friable", meaning could be reduced to powder by hand pressure, crumbled or pulverized when dry (NESHAP, Sec.141.) then it poses a threat of exposure that could later lead to serious illnesses, such as mesothelioma, asbestosis and lung cancer. Air tests conducted on sites where the alternative method was being used as well as internal documents showed that the "wet method" being used was insufficient and released toxic fibers into the air. It was not until after Public Justice and the Natural Resources Defense Council, two environmental advocacy groups, filed a Freedom of Information Act (FOIA) and sued for disclosure from the EPA that the Inspector General has finally put immediate stop to the alternative method and re-iterated that no level of exposure to asbestos is safe. Clapper Patti Schweizer & Mason, mesothelioma attorneys who have been fighting for the rights of those injured by asbestos for over 30 years, applauds Elkins' recent statement and move to prohibit any unsafe methods of removing asbestos. ASBESTOS UPDATE: 2009 Illegal Abatement Convicts Re-sentenced ------------------------------------------------------------- Rocco Laduca of the Observer-Dispatch reports that two Mancuso brothers convicted in 2009 of covering up an illegal Utica-based asbestos removal operation recently had their prison punishments shortened after a federal judge erred in sentencing them. Paul Mancuso could now be released from federal prison sometime in 2014, after Senior U.S. District Judge Frederick Scullin, Jr., on Dec. 7 chopped two years off of Mancuso's sentence, from 6-1/2 years to 4-1/2 years. Mancuso's younger brother, Steven Mancuso, also had a few months shaved off his sentence, but he is still scheduled to be released from prison early as planned sometime next year. Steven Mancuso would then be transferred to a half-way house in Syracuse to begin his reintegration into the community and to fulfill the remainder of his 3-1/2 year sentence. The Mancusos were sentenced by Judge Scullin in June 2010 following a trial that convicted the brothers and their father, Lester Mancuso, for conspiring to cover-up the family's shoddy asbestos work across the Mohawk Valley over a number of years. Lester Mancuso was sentenced to 3 years in prison, but he did not appeal his conviction. The re-sentencings were in response to a Second Circuit Court of Appeals ruling earlier this year that noted Judge Scullin's error in sentencing the Mancuso brothers. In Paul Mancuso's case, Judge Scullin committed a procedural error by sentencing Paul to a more enhanced punishment than was allowed. In Steven Mancuso's case, Judge Scullin wrongfully stated that Steven had violated permit requirements in disposing of hazardous asbestos, which were not required under the law. On Dec. 21, Paul Mancuso's attorney, Edward Menkin -- Edmenkin@gmail.com -- said the reduced sentencing was a "significant step in the right direction," especially since federal prosecutors argued that Paul's sentence should have remained the same. "Of course, Paul is grateful for the reduction in his time," Menkin said. "But nevertheless, he's still in jail and it's not a good place to be, especially during the holidays." Steven Mancuso, a former attorney, has already been disbarred from practicing law for committing perjury on the stand during his trial and for using his legal skills to help cover-up his brother's crimes. During the re-sentencing earlier this month, Judge Scullin noted that Steven Mancuso has nearly completed a prison drug treatment program with success. ASBESTOS UPDATE: ILR to Madison Ct; "Apply The Law As Written" -------------------------------------------------------------- Isaac Gorodetski, writing for PointofLaw.com, reports that Madison County's controversial asbestos litigation system is under fire yet again. Once the subject of an inspiring tale of recovery in the context of civil justice reform, Madison County, Illinois has found itself yet again featured in the American Tort Reform Association's annual 'Judicial Hellholes' report. Ranked fifth on ATRA's list, Madison County has unfortunately reclaimed its reputation as the nation's "epicenter" for asbestos litigation. ATRA's report cites some alarming statistics: In 2003, asbestos filings in the county peaked at 953. After Judicial Hellholes reporting spurred public scrutiny of the magnet jurisdiction, judges became more serious about transferring cases that belonged in other areas. By 2006, asbestos filings in Madison County reached a low point of 325. Since then, however, the number of such filings has increased each year to 455 in 2007, 639 in 2008, 814 in 2009, and 840 in 2010, as documented by Illinois Lawsuit Abuse Watch (I-LAW). Only about 1 in 10 of Madison County's asbestos cases are filed by people who actually live or work there, or have any other connection to the area, according to an Illinois Civil Justice League study. According to one local defense lawyer, asbestos claims account for nearly 60% of Madison County suits seeking more than $50,000, eclipsing the claims of local residents. Defendant companies and other legal observers note that plaintiffs' lawyers flock to Madison County because the court sets aside about 500 trial dates for asbestos cases. The trial dates provide a steady stream of business for favored local law firms, with whom out-of-state lawyers must work to pursue their cases. Defendants are placed at a disadvantage given the expedited treatment of cases and the power given to plaintiffs' lawyers to set the trial schedule. Because defendants may not know which cases will go to trial until the last minute, they often prepare for multiple cases simultaneously, pay for expert reports they do not need, and must travel across the United States to take depositions. As if in anticipation of ATRA's report, only days before the release of 'Judicial Hellholes', news broke that Circuit Judge Barbara Crowder of Madison County, assigned to oversee the circuit court's asbestos docket, was to be removed to civil assignments. B Chief Judge Ann Callis filed the order after discovering that attorneys of three plaintiffs' firms donated, in sum, $30,000 to Judge Crowder's campaign fund only a few days subsequent to being chosen by Judge Crowder to receive a majority of the trial slots on the 2013 asbestos docket. Judge Crowder denied a connection between the donations and her "activities on the bench", but, there was no denying the appearance of impropriety especially in light of Madison County's notoriety with regard to asbestos litigation. Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform, called on the court to "fix the fundamental flaw of Madison County's asbestos docket calendar system that in effect puts court time up for sale." The Chamber's Institute for Legal Reform called for this and more in a report in 2010 focusing solely on reforming Madison County's warped asbestos litigation system, concluding even then: The solution to this problem is simple: apply the law as written. If venue rules are enforced, fair procedures for trial allocation and scheduling adopted, discovery of the bankruptcy trusts provided and the Lipke rule regarding alternative cause implemented as mandated by the Illinois Supreme Court, the jurisdiction would return to normal and appropriate operations. It was hoped that Judge Crowder would clean up the asbestos litigation abuse mess when she took over last year, however, it seems that fundamental procedural changes have to be implemented to effectively repair Madison County's civil justice system. ASBESTOS UPDATE: Dying Mom Unlikely to Make March Trial Date ------------------------------------------------------------ Hannah Silverman of The Advertiser reports that Kathleen Woodward, 72, was given just three months to live in November and told The Advertiser she wanted to see the matter finalized before she died so she knew her family would be looked after. In the District Court's Dust Diseases Tribunal on Dec. 20, the matter was set for an eight-day trial in March, disappointing Mrs.. Woodward and her family. Mrs. Woodward's eldest son, Gavin, said he was not concerned about going to trial, but was heartbroken his loving mother might not be there for it. "The concern is she's not going to see the outcome," he said. "I would hope they (the parties) would see some sense and have some compassion." Mrs. Woodward, whose husband is terminally ill and mother to a disabled son, is suing her former employer, David Jones, and contractors, BI Contracting, for an unspecified amount. Mrs. Woodward claims they failed to protect her against asbestos while working for the department store between 1955 and 1965. Tindall Gask Bentley Lawyers, who are handling Mrs. Woodward's claim, said they hoped the matter would have settled within the week. The firm's partner, Tim White, Esq. -- twhite@tgb.com.au -- said it was unlikely she would live to see the trial. "The summary is the two defendants are continuing to deny the claim so there was little alternative but for the judge to list it for a hearing in March next year," he said. "They are essentially denying the claim on the basis that they're requiring us to prove the dust to which our client was exposed was in fact asbestos." David Jones and BI Contracting deny Mrs. Woodward is entitled to relief. ASBESTOS UPDATE: Victorian Court Rejects James Hardie Appeal ------------------------------------------------------------ Norrie Ross at the Herald Sun reports, a man who contracted the deadly cancer mesothelioma after being exposed to asbestos dust nearly 40 years ago had his $1.15 million payout confirmed by the Victorian Court of Appeal on Dec. 22. Eric King, 62, was given nine months to live in August this year and he was not in court to hear that an appeal against the damages awarded by a Supreme Court jury had failed. The three appeal judges dismissed a claim by Amaca Pty, formerly known as James Hardie, that Mr. King's injuries were not foreseeable, and the court ruled the risks exposure to asbestos were well known by 1972. The court also rejected an argument that Mr. King could not prove his exposure to asbestos fibers caused his cancer and said the company did not take reasonable care to protect workers. Mr. King, was employed as a machinist and fitter and in 1972 visited a James Hardie asbestos cement sheeting factory at Welshpool, near Perth in Western Australia on three occasions for several hours. Mr. King, who now lives in Tasmania, made repairs to a machine in the factory and he was not warned about asbestos or given a mask. Law firm Maurice Blackburn's asbestos principal Andrew Dimsey -- hdarnell@mauriceblackburn.com.au -- said the Court of Appeal decision was a welcome relief for Mr. King and has family. Dimsey said Mr. King's case was the first mesothelioma case to go to a verdict in Victoria in more than 10 years. "James Hardie have fought tooth and nail to stop Mr. King from receiving any compensation," Mr. Dimsey said. "There are thousands of Australians suffering just like Mr. King and it is clear that James Hardie will continue to fight extended and onerous cases through the courts." The courts were able to fast track his trial and appeal in less than five months. ASBESTOS UPDATE: Chief Judge Asked to Remove Judge Crowder ---------------------------------------------------------- Kevin Bersett at News-Democrat reports that Madison County Board Chairman Alan Dunstan has asked the Illinois Judicial Inquiry Board to investigate whether Circuit Judge Barbara Crowder committed misconduct when she accepted contributions from asbestos firms while she was the asbestos judge. Crowder said neither she nor her campaign committee have violated any ethical codes or laws." I believe that once the judicial inquiry board has completed its investigation, I will be fully vindicated," Crowder said. Dunstan filed the complaint on Dec. 21. The Judicial Board is not allowed to comment on complaints. "Importantly, the acceptance of certain campaign contributions creates a perception of conflict and negatively impacts the image of Madison County, the courts and of Judge Crowder," Dunstan said in a prepared statement. "As Madison County Board chairman, I appreciate the quick action of Chief Judge Ann Callis and the other judges in the Third Judicial Circuit to remove Judge Crowder from her former docket. However, despite this action, I believe the judicial review I have requested is warranted. "If the Board decides to file a formal complaint with the state Courts Commission, it could choose a range of sanctions, including removal from office, if it decides the judge violated the judicial conduct code. Chief Judge Ann Callis removed Crowder from the asbestos docket Dec. 12 after it came to light that Crowder's campaign committee received $10,000 each from three asbestos plaintiff firms: Gori, Julian and Associates; Goldenberg, Heller, Antognoli and Rowland; and the Simmons Law Firm. The contributions were made just days after Crowder signed a preliminary order Dec. 1 that gave the majority of the trial slots for the 2013 docket to those same firms. Callis has refused to comment specifically on Crowder's reassignment. Madison County Board Member Michael Walters, a Republican from Godfrey, read a letter addressed to Callis at the County Board meeting, calling for Crowder's resignation. The letter reads, in part: "This action by Judge Crowder has brought increased negative attention to the judicial system of Madison County and we join our constituents in being rightly outraged over Judge Crowder's actions . . . Therefore, we are respectfully asking that you, as chief judge, take the next step and call for Judge Crowder to resign her position immediately. "The letter was signed by nine of the 10 Republican board members, according to board member Chris Slusser. None of the 19 Democrats on the board signed the letter. "I agree with Mike Walters that Judge Crowder should resign," Slusser said. "Her judgment has been brought into question by taking these campaign contributions. The fact is, this stuff has been going on for years, I don't know why it took (Dunstan) so long to do something about it. There is a reason why we are back on the judicial hellhole list and it's reasons like this." Slusser, a Republican from Wood River, has announced he intends to run for the Republican nomination and challenge Dunstan for the chairman's seat. Crowder said when the issue was brought to her attention, she asked that the donations be returned. "Anytime a judge receives criticism, you'd like to avoid that because judges are prohibited so much on what we can comment about," Crowder said. "It seemed to me the simplest reaction was to return any donations." Crowder said returning the donations is not intended to be perceived as any wrongdoing. "We're very limited in what things we can comment about," Crowder added. "To avoid any sort of public debate, which I didn't avoid, and rather than get into a million conversations, some of which I can't have, it seemed expedient to return those donations. The campaign committee didn't do anything wrong, but why be in a middle of a controversy?" She also previously denied any of her decisions were affected by the contributions. Crowder also removed her husband, Lawrence Taliana, as her campaign manager. Crowder said she does not yet have a new campaign manager. The Simmons and Goldenberg law firms have said Taliana solicited the funds from them. But they denied he offered or they asked for anything in exchange. Last week, Goldenberg attorney Elizabeth Heller -- elizabeth@ghalaw.com -- defended Crowder as someone who both plaintiff and defense attorneys respect. But she did not defend the timing of the contributions. "The timing looks absolutely terrible," said Heller, who donated $5,000 to Crowder's committee. "And it was a mistake we didn't make a connection between it." But Heller added: "The suggestion that it had anything to do with the docket order is absolutely false." Crowder and Dunstan are both Democrats. She is up for retention and he is up for re-election. Dunstan said his complaint had nothing to do with politics. He said he has received contributions from companies who do business with the county, but the difference between Crowder and him is that he is not the one who makes direct decisions on their contracts, unlike Crowder and the asbestos firms. "I just think the perception of this is that it tainted the court system a bit," he said. The Illinois Judicial Code allows lawyers to contribute to judge's campaigns. The code does state, however, that judges should conduct themselves "in a manner that promotes public confidence in the integrity and impartiality of the judiciary." "This is a gray area that needs to be reviewed," Dunstan said. State Rep. Paul Evans, R-O'Fallon, said he has asked his staff to look into possible legislation that would prevent attorneys from giving campaign donations to judges who hear their cases. "This disturbs me deeply," said Evans, an attorney. "I think the public has a right to expect that judges aren't influenced by money." He added, "There should not be an appearance of impropriety. To have $30,000 in donations from law firms who have received these trial assignments, I believe is the appearance of impropriety." ASBESTOS UPDATE: Prisoner Must Show Cause in Suit v. Kaiserkane --------------------------------------------------------------- Hitham Abuhouran alleges that during his previous confinement at the Federal Correctional Institution in Fort Dix, New Jersey, he was exposed to asbestos because Kaiserkane, Inc., et al., violated various state and federal laws in conducting a re-roofing and asbestos abatement project on several buildings at FCI-Fort Dix. The Defendants filed summary judgment motions seeking dismissal of Mr. Abuhouran's complaint. In a Dec. 19, 2011 memorandum and opinion, Judge Noel L. Hillman of the U.S. District Court for the District of New Jersey denied, without prejudice, the summary judgment motions for lack of subject matter jurisdiction. Judge Hillman noted that the complaint is essentially silent as to the citizenship of the parties, and at this time, the complaint is subject to dismissal for lack of jurisdiction. However, because Mr. Abuhouran is appearing pro se in the action and because he may be able to allege facts sufficient to demonstrate that the Court has subject matter jurisdiction to entertain his state law claims under diversity of citizenship jurisdiction, the Court will order the Plaintiff to show cause why his claims of gross negligence, common law fraud, and negligence should not be dismissed for lack of subject matter jurisdiction by filing an amended complaint. In light of the Court's findings supra that jurisdiction is lacking at this time, the pending motions cannot be determined on the merits and therefore are denied without prejudice, Judge Hillman said. The case is Abuhouran v. Kaiserkane, Inc., Civil No. 10-6609 (D. N.J.). A copy of Judge Hillman's Decision is available at http://is.gd/wGW6xqfrom Leagle.com. Defendant KaiserKane Inc. is represented by: Robert L. Ritter, Esq. SCHIFFMAN, BERGER, ABRAHAM, KAUFMAN & RITTER, P.C. 3 University Plaza, Suite 410 P.O. Box 568 Hackensack, NJ 07602-0568 Tel: (201) 488-2600 ext. 124 E-mail: RRitter@sakr-law.com Defendants Briggs Contracting Services, Inc., and Rod Richardson are represented by: Richard C. Wischusen, Esq. REILLY, SUPPLE, & WISCHUSEN LLC Murray Hill Office Center 571 Central Avenue New Providence, NJ 07974 Tel: 908-665-1166 Defendants North American Roofing and David Donaldson are represented by: Paul Joseph Smyth, Esq. Sean X. Kelly, Esq. Sebastian A. Goldstein, Esq. MARKS, O'NEILL, O'BRIEN & COURTNEY PC 6981 North Park Drive, Suite 300 Pennsauken, NJ 08109 Tel: 856-663-4300 Fax: 856-663-4439 E-mail: psmyth@mooclaw.com Defendant American Safety Indemnity Company is represented by: Eric A. Portuguese, Esq. Aaron Brouk, Esq. LESTER, SCHWAB, KATZ & DWYER LLP 24 Lackawanna Plaza Millburn, NJ 07041 Tel: (973) 912-9501 Fax: (973) 912-9508 E-mail: eportuguese@lskdnylaw.com Defendant Companion Property & Casualty Insurance is represented by: David A. Laughlin, Esq. BIRDSALL & LAUGHLIN, LLC 1720 State Highway 34 North P.O. Box 1380 Wall, NJ 07719 Tel: 732-749-3900 Fax: 732-749-3901 ASBESTOS UPDATE: Hawaii Ct. Junks Appeal From Dismissal Order ------------------------------------------------------------- Debra Heverly-Campbell and her daughter, Jade Heverly-Campbell, filed two consolidated personal injury civil actions arising out of alleged exposure to asbestos in their apartment unit at 2895 Kalakua Avenue, in Hawaii. The Circuit Court of the First Circuit made a final judgment in favor of defendants in the two consolidated actions. The Heverly-Campbells appealed from the judgments complaining that the circuit court abused its discretion in granting the defendants' motion to dismiss because the defendants failed to appear for an independent medical examination and to appear for deposition. In a Dec. 21, 2011 memorandum and opinion, a three-panel judge composed of Justices Craig H. Nakamura, Alexa D.M. Fujise, and Lisa M. Ginoza of the Intermediate Court of Appeals of Hawaii affirmed the judgments noting that the record establishes that extensive efforts were made to obtain discovery in the form of independent medical examinations and depositions of the Heverly- Campbells. The Appellate Court also noted that evidence presented showed that the Heverly-Campbells' alleged exposure to asbestos in their apartment did not cause any physical harm and, in turn, they failed to submit evidence in response so that there was no genuine issue of material fact as to causation or damages. The case is Heverly-Campbell v. Colony Surf, Ltd., No. 29195, Civil No. 05-0534., 05-1-1759 (Ha.). A copy of the Dec. 21 Decision is available at http://is.gd/drcfeQfrom Leagle.com. Defendants Colony Surf, Ltd., W.E. Denison Corporation, William E. Denison and Mary Lou Leslie are represented by: Wayne Parsons, Esq. LAW OFFICES OF WAYNE D. PARSONS 1406 Colbun Street, Suite 201C Honolulu, HI 96817 Tel: (808) 845-2211 Defendant Paul Leonard, individually and as Trustee of the Paul and Dorit Leonard Family Trust, is represented by: Dennis E.W. O'Connor, Esq. Michael J. McGuigan, Esq. Elmira K. Tsang, Esq. O'CONNOR PLAYDON & GUBEN LLP 733 Bishop St. #24 Honolulu, HI 96813 Tel: (808) 524-8350 Defendants Costa's Plumbing Co., Inc. and Richard E. Costa are represented by: Jonathan L. Ortiz, Esq. Wade J. Katano, Esq. ORTIZ & KATANO, A LAW CORPORATION 2121 Davies Pacific Center 841 Bishop St. Honolulu, HI 96813 Tel: (808) 524-6696 Robert S. Thue and Laura Ching Thue are represented by: Preston A. Gima, Esq. LAW OFFICES OF PRESTON A. GIMA 547 Halekauwila St Ste 204 Honolulu, HI, 96813-5029 Tel: (808) 526-2823 - and - Randall Y.S. Chung, Esq. Milton S. Tani, Esq. MATSUI CHUNG, A LAW CORPORATION Ocean View Center 707 Richards Street, Suite 300 Honolulu, HI 96813 Tel: (808) 536-3711 Fax: (808) 599-2979 ASBESTOS UPDATE: Carey v. JP Bushnell Suit Remanded to State Court ------------------------------------------------------------------ John Forrest Carey and Marjorie L. Carey filed a motion to remand a lawsuit against J.P. Bushnell Packing Supply Company, Inc., and Mine Safety Appliances Company, among others, for asbestos exposure. The Plaintiffs alleged that John Carey contracted mesothelioma as a result of exposure to asbestos-containing products manufactured, sold and distributed by defendants. In a Dec. 21, 2011 memorandum and order, Judge John A. Ross of the U.S. District Court for the Eastern District of Missouri, Eastern Division, granted the motion. The Court found that the Plaintiffs have stated a colorable claim against J.P. Bushnell under Missouri law. Although John Carey, and his co-worker, Clifford Funk, were unable to identify the manufacturer of the "rope" or "string" by name, they contend that the product is similar and consistent with the type of product distributed by J.P. Bushnell. The Court also found that MSA has created a factual dispute on Plaintiffs' claims against J.P. Bushnell, which is for the state court to decide on remand. The case is Carey v. JP Bushnell Packing Supply Company, No. 4:11- CV-2050-JAR (Mo.). A copy of Judge Ross' Decision is available at http://is.gd/q58m3Rfrom Leagle.com. ASBESTOS UPDATE: Suit vs. DPRA & PATCO Remanded to State Court -------------------------------------------------------------- Sandra Brust has been diagnosed with, and currently suffers from, retroperitoneal malignant mesothelioma. She instituted an action against, among others, the Delaware River Port Authority and the Port Authority Transit Corporation in the Superior Court of New Jersey, Law Division, Middlesex County. Among other claims against numerous other defendants, she alleges against the DRPA and PATCO common-law premises liability claims predicated upon secondary asbestos exposure. In short, Ms. Brust claims that her father, in his employment with DRPA and PATCO, was exposed to and then carried home on his clothing and person, asbestos. She alleges this caused her to develop mesothelioma. The DRPA removed the action to federal court asserting federal question jurisdiction. Ms. Brust wants the action remanded to the state court. The DRPA is a bi-state entity formed by a Congressionally-approved compact. Construction of a Congressionally-approved compact is a federal question. At issue in this case is whether there is a federal question presented on the face of Ms. Brust's complaint. In a Dec. 21, 2011 memorandum and opinion, Judge Joseph H. Rodriguez of the U.S. District court for the District of New Jersey granted Ms. Brust's motion to remand finding that the complaint does not state a claim based on federal law. The complaint, the court noted, alleges purely state law causes of action, one of which is a common law premises liability claim against the DRPA. The complaint also specifically disclaims any federal cause of action or any claim that would give rise to federal jurisdiction, the court noted. The case is Brust v. ACF Industries, LLC, Civil Action No. 11-4839 (N.J). A copy of Judge Rodriguez's Decision is available at http://is.gd/LWQC1ofrom Leagle.com. ASBESTOS UPDATE: Ky. Pneumoconiosis Review Is Unconstitutional -------------------------------------------------------------- Notwithstanding their 37 and 34 years' work in underground coal mines, the Workers' Compensation Board affirmed decisions to dismiss Jesse Gardner and Joe Martinez's applications for benefits because the "consensus readings" of their X-rays interpreted them to be negative for coal workers' pneumoconiosis (black lung). On review, however, two separate Court of Appeals panels held the "consensus procedure" required by the Kentucky Revised Statutes 342.316 for proving the existence of coal workers' pneumoconiosis and the "clear and convincing" standard the statute requires to rebut a consensus unconstitutional. In so doing, both panels of the Court of Appeals determined that those provisions denied the claimants and other workers who suffer from coal workers' pneumoconiosis equal protection under the law by placing a more stringent burden of proof on them than those who suffer from pneumoconiosis from other sources. In a Dec. 22, 2011 memorandum and opinion, Justice Will T. Scott of the Supreme Court of Kentucky affirmed the conclusions of the Court of Appeals. Justice Scott held that that classification of coal workers' pneumoconiosis claimants should be considered to be arbitrary in regard to the more stringent proof of procedures required. Justice Scott said he believes that the disparate treatment afforded those workers lack a rational basis or substantial justification, thus, he held that the consensus procedure and the clear and convincing evidentiary standard are unconstitutional. Pneumoconiosis caused by exposure to coal dust is the same disease as pneumoconiosis caused by exposure to dust particles in other industries, yet coal workers face different, higher standard-of- proof requirements than those other workers, Justice Scott pointed out. This is an arbitrary distinction between similarly situated individuals, and thus it violates the equal protection guarantees of the Federal and State Constitutions, he concluded. The case is Vision Mining, Inc. v. Garner, Nos. 2010-SC-000311-WC, 2010-SC-000438-WC (Ken.). A copy of Justice Scott's Decision is available at http://is.gd/TXiMYufrom Leagle.com. Vision Mining, Inc., is represented by: Anthony Kenneth Finaldi, Esq. FERRERI & FOGLE, PPLC 203 Speed Building 333 Guthrie Green Louisville, KY 40202 Tel: (502) 582-1381 Fax: (502) 581-9887 E-mail: afinaldi@ferreri-fogle.com - and - John Edward Ballerstedt, Jr. FERRERI & FOGLE, PPLC 300 East Main Street, Suite 400 Lexington, KY 40507 Tel: (502) 582-1381 Fax: (502) 581-9887 E-mail: wballerstedt@ferreri-fogle.com Peabody Coal Company is represented by: Peter J. Glauber, Esq. BOEHL, STOPHER, & GRAVES, LLP 2300 Aegon Center 400 West Market Street Louisville, KY 40202 Jesse Gardner and Joe Martinez are represented by: Thomas E. Springer, III Springer Law Firm, PLLC 18 Court Street Madisonville, KY 42431 Hon. Douglas W. Gott, ALJ, is represented by: Douglass Wayne Gott, Esq. Pushin Building 400 East Main Street, Suite 300 Bowling Green, KY 42101 - and - Russell Scott Borders, Esq. 8120 Dream Street, Florence, KY 41042 Workers' Compensation Board is represented by: Dwight Taylor Lovan Executive Director Office of Workers' Claims Prevention Park 657 Chamberlin Avenue Frankfort, KY 40601 The Commonwealth of Kentucky is represented by: Jack Conway Attorney General Room 118, Capitol Building Frankfort, KY 40601 Office of Workplace Standards/Ken. Labor Dept. is represented by: Christopher H. Smith Kentucky Labor Department 1047 U.S. 127 South Frankfort, KY 40601 Counsel for United Mine Workers of America, Ken. Chapter of American Federation of Labor and Congress of Industrial Organization (AFL-CIO), Appalachian Citizens' Law Center, and Ken. Workers' Association are represented by: Peter J. Naake, Esq. 800 Republic Building 429 West Muhammad Ali Blvd. Louisville, KY 40202 ASBESTOS UPDATE: John Deere Remains Exposed to Asbestos Suits ------------------------------------------------------------- John Deere is subject to various unresolved legal actions which arise in the normal course of its business, the most prevalent of which relate to product liability (including asbestos-related liability), retail credit, software licensing, patent, trademark and environmental matters. John Deere believes the reasonably possible range of losses for these unresolved legal actions in addition to the amounts accrued would not have a material effect on its financial statements. No updates were reported in Deere & Company's December 19, 2011 Form 10-K filing with the U.S. Securities and Exchange Commission for the fiscal year ended October 31, 2011. Deere & Company and its subsidiaries (collectively called John Deere) provides products and services primarily for agriculture and forestry worldwide. ASBESTOS UPDATE: Navistar Continues to Defend Asbestos Claims ------------------------------------------------------------- Navistar International Corporation continues to defend itself against asbestos-related claims, according to the Company's December 20, 2011 Form 10-K filing with the U.S. Securities and Exchange Commission for the fiscal year ended October 31, 2011. Along with other vehicle manufacturers, the Company has been subject to an increase in the number of asbestos-related claims in recent years. 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 its 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. The Company has strongly disputed these claims, and it has been its policy to defend against them vigorously. It is possible that the number of these claims will continue to grow, and that the costs for resolving asbestos related claims could become more significant in the future. The estimate of the asbestos liability is subject to uncertainty. Such uncertainty includes some reliance on industry data to project the future frequency of claims received by the Company, the long latency period associated with asbestos exposures and the types of diseases that will ultimately manifest, and unexpected future inflationary trends. Historically, actual damages paid out to individual claimants have not been material. Although the Company believes that its estimates and judgments related to asbestos related claims are reasonable, actual results could differ and it may be exposed to increases or decreases in its accrual that could be material. Navistar International Corporation, incorporated under the laws of the State of Delaware in 1993, is a holding company whose principal operating subsidiaries are Navistar, Inc. and Navistar Financial Corporation. Navistar is an international manufacturer of International(R) brand commercial and military trucks, IC Bus brand buses, MaxxForce brand diesel engines, Workhorse(R) Custom Chassis brand chassis for motor homes and step vans, and Monaco(R) RV recreational vehicles, as well as a provider of service parts for all makes of trucks and trailers. Additionally, it is a private-label designer and manufacturer of diesel engines for the pickup truck, van, and sport utility vehicle markets. It also provides retail, wholesale, and lease financing of its trucks and parts. ASBESTOS UPDATE: Toro Company Still Subject to Asbestos Claims -------------------------------------------------------------- The Toro Company is party to litigation in the ordinary course of business. Litigation occasionally involves claims for punitive as well as compensatory damages arising out of use of the company's products. Although the company is self-insured to some extent, the company maintains insurance against certain product liability losses. The company is also subject to litigation and administrative and judicial proceedings with respect to claims involving asbestos and the discharge of hazardous substances into the environment. Some of these claims assert damages and liability for personal injury, remedial investigations or clean-up and other costs and damages. No updates were reported in the Company's December 21, 2011 Form 10-K filing with the U.S. Securities and Exchange Commission for the fiscal year ended October 31, 2011. The Toro Company designs, manufactures, and markets professional turf maintenance equipment and services, turf irrigation systems, agricultural micro-irrigation systems, landscaping equipment and lighting, and residential yard and snow removal products. ASBESTOS UPDATE: Joy Global Remains Involved in Asbestos Cases -------------------------------------------------------------- Joy Global Inc. and its subsidiaries are 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. Although the outcome of these matters cannot be predicted with certainty and favorable or unfavorable resolutions may affect the results of operations on a quarter-to-quarter basis, the Company believes that the outcome of such legal and other matters will not have a material adverse effect on its consolidated financial position, results of operations, or liquidity. No updates were reported in the Company's December 22, 2011 Form 10-K filing with the U.S. Securities and Exchange Commission for the fiscal year ended October 28, 2011. Joy Global Inc. is a manufacturer and servicer of high productivity mining equipment for the extraction of coal and other minerals and ores. ASBESTOS UPDATE: Esterline Dismantled Insulation Facility in Dec. ----------------------------------------------------------------- As a result of the end of the NASA Space Shuttle program, manufacturing of rocket engine insulation material containing asbestos ceased in July 2010. In December 2011, Esterline Technologies Corporation dismantled its facility used to manufacture the asbestos-based insulation for the Space Shuttle program. It has an agreement with the customer for indemnification for certain losses it may incur as a result of asbestos claims relating to a product it previously manufactured, but it cannot assure that this indemnification agreement will fully protect the Company from losses arising from asbestos claims. To the extent the Company is not insured or indemnified for losses from asbestos claims relating to its products, asbestos claims could adversely affect its operating results and its financial condition, according to the Company's December 23, 2011 Form 10-K filing with the U.S. Securities and Exchange Commission for the fiscal year ended October 28, 2011. Esterline, a Delaware corporation formed in 1967, is a specialized manufacturing company principally serving aerospace and defense customers. It designs, manufactures and markets highly engineered products and systems for application within the industries it serves. ASBESTOS UPDATE: Piedmont Natural Estimates $2.8MM Liabilities -------------------------------------------------------------- One of Piedmont Natural Gas Company, Inc.'s operating districts has coatings containing asbestos on some of their pipelines. The Company has educated its employees on the hazards of asbestos and implemented procedures for removing these coatings from its pipelines when it must excavate and expose small portions of the pipeline. Lead-based paint is being removed at multiple LNG facilities that the Company owns. Employees have been trained on the hazards of lead exposure, and the Company has engaged independent environmental contractors to remove and dispose of the lead-based paint at these facilities, according to the Company's December 23, 2011 Form 10-K filing with the U.S. Securities and Exchange Commission for the fiscal year ended October 31, 2011. As of October 31, 2011, the Company's estimated undiscounted environmental liability totaled $2.8 million, and consisted of $1.5 million for the manufactured gas plant (MGP) sites for which the Company retains remediation responsibility, $1 million for the liquefied natural gas (LNG) facilities and $.3 million for USTs not yet remediated. As of October 31, 2011, the Company's regulatory assets for unamortized environmental costs totaled $9.6 million. The Company sought recovery of $2 million in the pending Tennessee rate case. It will seek recovery of the remaining balance in future rate proceedings. Further evaluation of the MGP, LNG and UST sites and removal of lead-based paint could significantly affect recorded amounts; however, the Company believes that the ultimate resolution of these matters will not have a material effect on its financial position, results of operations or cash flows. Piedmont Natural Gas Company, Inc. (Piedmont) was incorporated in New York in 1950 and began operations in 1951. In 1994, it merged into a newly formed North Carolina corporation with the same name for the purpose of changing its state of incorporation to North Carolina. Piedmont is an energy services company whose principal business is the distribution of natural gas to over one million residential, commercial, industrial and power generation customers in portions of North Carolina, South Carolina and Tennessee, including 51,800 customers served by municipalities who are its wholesale customers. ********* 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. Noemi Irene A. Adala, Joy A. Agravante, Ivy B. Magdadaro, Psyche A. Castillon, Julie Anne Lopez, Christopher Patalinghug, Frauline Abangan and Peter A. Chapman, Editors. Copyright 2011. 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 * * *