Mesothelioma Blog
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Misunderstanding of Law Leads to Denial of Company’s Attempt to Evade Mesothelioma Claim
When asbestos companies are named as defendants in claims filed by mesothelioma victims, they have a few options. They can concede that the victim’s case is strong and settle out of court. They can choose to go to court and begin gathering evidence in support of their position. Or they can ask to have the …Read More
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Mesothelioma Victim’s Daughter Has Spent Years Fighting For Justice
Amy DeMaio’s father Peter Bergrud died of malignant mesothelioma in 2018, and she has been fighting for justice on his behalf ever since. She is among thousands of people suing CertainTeed over asbestos in their cement pipes, but the company’s owner is pursuing a controversial bankruptcy strategy that has kept their legal claims in limbo …Read More
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Conflicting Evidence Means that Goodyear Can’t Have Lung Cancer Lawsuit Dismissed
For years, American manufacturers ignored warnings that asbestos in their products could lead to users and employees being sickened by mesothelioma, lung cancer, and other serious illnesses. The practice didn’t stop until the public became aware of the danger, and companies began facing lawsuits seeking compensation for the damage that they’d caused. Now those same …Read More
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New York Judge Rejects Boiler Company’s Argument Against Mesothelioma Liability
Most claims filed by mesothelioma victims come down to a basic accusation: That the named asbestos company put profits over concerns about the people who would be using their products. In two separate suits filed against the same company, a New York judge pointed to that disregard for potential victims as a reason not to …Read More
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DAP Caulk Named in Multiple Victims Mesothelioma Lawsuits
Roughly 3,000 Americans are diagnosed with malignant mesothelioma each year, and over 40,000 die each year from asbestos-related diseases. Remarkably, the same companies are named over and over in lawsuits accusing them of negligently and knowingly allowing victims to be exposed to asbestos. In a recent court hearing, families of three separate victims accused the …Read More
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Multiple Asbestos Companies Attempt to Evade Family’s Mesothelioma Claim
One of the most important parts of preparing a mesothelioma claim is identifying the companies that should be named as defendants. The process involves going through the victim’s entire work and personal history and matching it with known exposures from previous claims. The companies often object to being named and ask to be dismissed, but …Read More
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Judge Again Denies Shipyard’s Attempt to Evade Justice in Mesothelioma Case
Felton Robichaux died of malignant mesothelioma after years of having been exposed to asbestos. In pursuing justice from those he blamed for his illness, he named Avondale Shipyard, where both he and his brother had worked. Avondale has attempted to have the case against them dismissed on multiple grounds, and each time their petitions have …Read More
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Pointing to “Reasonable Inference,” Judge Denies Companies’ Request to Dismiss Mesothelioma Claims
When Samson Bareh filed a personal injury lawsuit against Mercedes Benz USA and American Honda Motor Co., Inc., both companies filed motions to dismiss the cases against them. But a California judge denied their request, noting that the company’s argument against the former auto mechanic’s claim was unreasonable. Former Auto Mechanic Diagnosed with Mesothelioma The …Read More
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Widow Files Mesothelioma Lawsuit Against Car Parts Companies
Years before he was diagnosed with malignant mesothelioma, Ronald Carpenter worked as a truck driver. That job entailed spending a lot of time in auto shops, watching his vehicles being repaired. When he was diagnosed with the deadly form of cancer, he realized that he’d been exposed to asbestos from auto parts placed in his …Read More
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Mesothelioma Victim’s Case Against Johnson & Johnson Can Remain in New York Courts
When Ann Greenberg was diagnosed with malignant mesothelioma, her search for a cause for her disease led her to asbestos-contaminated Johnson & Johnson talcum powder products. Further investigation led to the products’ manufacturer, Kolmar Laboratories, Inc., so she filed suit against both: Kolmar first, and then Johnson & Johnson the next day. The iconic manufacturer …Read More
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Court Says Mesothelioma Victim Can Pursue Punitive Damages
Being diagnosed with cancer is reason for fear, grief, and anger, but this is especially true for people diagnosed with the rare asbestos-related cancer known as malignant mesothelioma. Most victims were exposed to asbestos in products whose manufacturers were aware of its hazards. As a result, many have filed personal injury lawsuits seeking compensation for …Read More
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Asbestos Used in World Trade Center Construction Blamed for Man’s Mesothelioma
A New York man diagnosed with malignant mesothelioma has filed a claim against a general contracting company that built the World Trade Center, accusing them of exposing him to the asbestos that caused his illness. Though ALCOA argued against Kenneth Last’s case being heard, Justice Adam Silvera of the Supreme Court of New York ruled …Read More
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Mesothelioma Fears Inspire Philadelphia Teachers’ Protest and Class Action Lawsuit
Asbestos, the carcinogenic material known to cause malignant mesothelioma, asbestos-related lung cancer, and asbestosis, is present in many older public buildings, particularly in America’s school buildings. There has been significant media attention on this problem in Philadelphia’s public schools and the threat it poses to teachers in those buildings, and this has recently led to …Read More
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Legal Technicality Allows Mesothelioma Victim Choice of Legal Claim
When a person is diagnosed with malignant mesothelioma, one of the first decisions they make is whether to pursue legal action against those responsible. If their disease results from workplace exposure, they are generally unable to sue their employer because of workers’ compensation laws, so they turn instead to pursuing claims against the manufacturers and …Read More
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Judge Denies Request for New Mesothelioma Trial or Reduced Monetary Award for Victim
Malignant mesothelioma claims often lead to multi-million dollar verdicts, but when one victim was awarded $35 million, the losing asbestos company objected and argued that there should either be a new trial or that the verdict, which they called “excessive,” should be revised. Despite the company’s arguments, the judge hearing the case said that it …Read More
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Late Filing and Mesothelioma Plaintiff’s Foreign Status Defeats Asbestos Companies’ Objections
Luciano Susino died of malignant mesothelioma after years of working as a seaman onboard vessels owned and managed by Overseas Shipholding Group, Inc. (OSG). His daughter Carmela filed a personal injury lawsuit in the Superior Court of the Virgin Islands accusing the company and several other defendants of both negligence and violations of the Jones …Read More
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Judge in Mesothelioma Case Calls Asbestos Company’s Argument “Unconvincing”
When a mesothelioma victim files a personal injury lawsuit against an asbestos company, they are blaming their negligence for having caused their deadly illness. If a jury agrees with the victim it can cost the company millions, so many defendants attempt to prevent the case from ever being heard. Though some do that by offering …Read More
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Collaboration Between Mesothelioma Victims Leads to Asbestos Settlement
It’s been a long and painful road for the families of mesothelioma victims August Adams and Clarence Hales, but a big part of their legal journey ended earlier this year when Armstrong International agreed to the terms of a confidential settlement. Both men had been exposed to asbestos when they worked in the company’s Kinston, …Read More
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Family Seeks Justice Following Loved One’s Mesothelioma Death
After Dennis Freeman died of malignant mesothelioma, the former insulation contractor’s family members filed a personal injury lawsuit against many of the companies they blame for having exposed him to asbestos. Though several of those companies asked the courts to dismiss them from the case on various grounds, the majority of their motions for summary …Read More
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Question of Law Decided in Mesothelioma Widow’s Favor
Before Arnold Pritt’s death, he and his wife initiated legal action against the companies they blamed for his illness, and after he died Ruth Pritt filed to amend the original claim to one for wrongful death and to add a claim of punitive damages. Defendant John Crane filed an objection, arguing that the compensation she …Read More