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October 2011 Archives

Former railroad employee files suit alleging fear of mesothelioma

A former employee of the Illinois Central Railroad Company has filed a personal injury lawsuit against his former employee, alleging that he was repeatedly exposed to asbestos during his nearly 40-year career. However, unlike similar lawsuits that have been filed by railroad workers, the plaintiff is not claiming that his exposure to asbestos resulted in a mesothelioma diagnosis. Instead, the plaintiff is claiming that he lives in constant debilitating fear that he will be diagnosed with the disease, and is asking for damages based on that mental anguish.

Locomotive act at issue in Supreme Court asbestos case

Next month, the justices of the Supreme Court of the United States will hear oral arguments in a case regarding the locomotive industry and railroad employees. Specifically, the suit aims to determine whether the federal Locomotive Inspection Act preempts state law claims against companies that are involved with the design and manufacture of locomotives and locomotive parts.

Mesothelioma deaths increase among taconite miners

As part of a long-term study on the effects of asbestos exposure on taconite miners and residents of cities near the mining range, researchers recently increased the number of mesothelioma deaths from 63 to 82. The increase is due to a check of the death records in other states, health officials say.

Muhammad Ali sues over home defects

When boxer Muhammad Ali and his wife purchased their Louisiana home in 2006, they were assured that the house was in good condition. However, over the last five years, they have noticed multiple defects in the house, some of which could cause damage to their health by potentially exposing them to asbestos and other carcinogens. Now, the Alis have filed a lawsuit against the former owners of the home, claiming that the owners lied to and manipulated them in order to sell them the house.

Judge removed from asbestos lawsuit

Back in May, we wrote about a record-setting verdict which awarded more than $300 million to a plaintiff who had filed an asbestos lawsuit against two major companies. Immediately, one of the defendant companies stated that it would appeal on the basis of the presiding judge's alleged conflict of interest. Last week, the appeals court ordered the judge removed from the case and halted all action on the lawsuit until a new judge is appointed. The status of the verdict, however, was not addressed.

Mineral proven to cause mesothelioma remains unregulated in U.S.

In the United States, mesothelioma is very strongly associated with asbestos, and rightly so: asbestos exposure has long been proven to be one of the leading causes of the deadly disease. And because asbestos products were so widely used for so long in so many industries, millions of people in Illinois and throughout the country continue to suffer as a result of their unknowing exposure to asbestos.

Statute of limitations forces dismissal of asbestos lawsuit

An appellate court in New Jersey has ordered the dismissal of an asbestos lawsuit against a major oil and gasoline company. The court made the ruling after finding that the plaintiff sought to add the company to the lawsuit after the statute of limitations for civil suits had passed.

Business lobby groups create anti-lawsuit ad campaign

A group of businesses and the lobby groups that represent them are reportedly creating a statewide advertising campaign in Louisiana, with the admitted goal of pressuring state legislatures to implement limits on civil lawsuits in the state. One of the targets of the ad campaign is asbestos lawsuits, which the lobby groups claim are "frivolous" lawsuits that harm the state's "business climate."

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