Mesothelioma Blog
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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
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Judge Calls Request for Mesothelioma Tissue Sample “Egregious”
It is not uncommon for a defendant in a malignant mesothelioma to request biological samples from a victim, but those requests are generally made in a timely way, and in a way that is respectful of the victim’s health and wellbeing. By contrast, a recent request by Mercedes Benz was so far beyond either timely …Read More
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ExxonMobil Loses Final Appeal of Mesothelioma Claim
The road to justice can be long and tortuous for mesothelioma victims and their families, but for many, victory eventually comes. Warren Wright’s family lost him to the rare, asbestos-related disease in 2015, and it took until this past summer for their legal case against ExxonMobil to finally come to an end. ExxonMobil Filed Multiple …Read More
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New Law Helps Illinois Mesothelioma Victims’ Survivors
Punitive damages are frequently assessed against companies judged liable for an individual’s mesothelioma. Different from economic or compensatory damages, punitive damages are specifically meant to punish those responsible for actions – or inactions – that are deemed to be malicious. Examples include situations where companies knew of asbestos’ dangers and have extended protections from it …Read More
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Mesothelioma Victims Encouraged as Judge Rejects J&J Bankruptcy Again
Tens of thousands of mesothelioma and ovarian victims have been watching and waiting as a New Jersey bankruptcy judge considered a second bankruptcy filing from consumer giant Johnson & Johnson. The victims, who blame the company for negligently exposing them to asbestos-contaminated talc in their iconic baby powder product, learned late last summer that the …Read More
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New York Mesothelioma Claim to Include Punitive Damages
When a mesothelioma lawsuit seeks both compensatory damages and punitive damages, the plaintiff is asserting that the defendant’s actions went beyond negligence to the point of being malicious or egregious and that they demand separate, additional punishment. That is exactly what the family of the late Michael F. Brady is seeking and was granted by …Read More
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Mesothelioma Victim’s Family’s Appeal Leads to Earlier Ruling Being Overturned
Those pursuing justice for mesothelioma victims should be prepared for an emotional rollercoaster, as the legal process will present both wins and losses along the way. Though the family of Joan Smith was disappointed by a lower court decision in her second-hand asbestos exposure claim, the Court of Appeal of Florida recently reversed that decision, …Read More