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March 2012 Archives

BNSF Railway named in St. Clair County asbestos lawsuit

A widow has filed a personal injury lawsuit against BNSF Railway Company on behalf of her deceased husband. In the suit, the widow alleges that the company negligently contributed to the death of her husband by continually exposing him to asbestos fibers and other harmful substances during his three-decade employment. The company has not yet responded to the lawsuit, which was filed in St. Clair County Circuit Court, but it is likely that it will attempt to reach a settlement with the widow.

Madison County jury sent home after asbestos case settles

It is a relatively common occurrence: the parties in a lawsuit go through the time and effort to get ready for trial, only to reach a settlement at the last possible second before the trial is slated to begin. While this may seem like a frustrating development, it is usually considered a good thing, because the parties and the court are now able to avoid the time and cost of a lengthy trial.

Famed coliseum under investigation for potential asbestos risk

The well-known Nassau Coliseum in Nassau County, New York, is currently under investigation for a potential asbestos risk. According to one personal injury attorney who is representing nearly 100 coliseum employees, many people have already suffered the effects of asbestos exposure inside the arena. However, the county continues to operate the coliseum, running popular events and bringing thousands of spectators into the dangerous building.

Court: federal law preempts railroad asbestos claims

Late last month, the Supreme Court of the United States ruled that the federal Locomotive Inspection Act preempts any claims under state law made by former railroad workers who were exposed to asbestos during their employment.

FAST Act may speed new mesothelioma treatment to market

Recently, members of the United States House of Representatives introduced a bill which, if passed, would allow new medications and treatments for mesothelioma and other deadly diseases to reach the market much more quickly. The Faster Access to Specialized Treatments bill, or FAST Act, would update and codify the Food and Drug Administration's "accelerated approval" process, which the lawmakers say has become much slower in recent years.

Judge overturns $500M asbestos settlement (2)

Earlier this week, we began a discussion of a long and complicated series of lawsuits revolving around Travelers Insurance Co. and its payment of asbestos settlement claims. Specifically, the claims center on the asbestos products manufactured by now-bankrupt Johns Manville Corp., one of the largest manufacturers of asbestos products in U.S. history.

Judge overturns $500M asbestos settlement (1)

Continuing a nearly 30-year court battle over the payment of a massive asbestos settlement, a federal judge recently ruled that Travelers Insurance Co. does not have to make more than $500 million in settlement payment to thousands of asbestos victims. This will return the previously-settled cases to state court, effectively restarting the legal process for many asbestos victims who have already waited years or even decades for the money they need and deserve.

Madison County asbestos suit settled moments before trial

In many personal injury lawsuits, the goal of both parties is to reach a settlement prior to going to trial. This can result in significantly lower court costs and attorney fees all around. In addition, defendant companies often prefer settlements because they reduce the chances of confidential information being released to the public through in-court testimony.

Researchers revise mesothelioma death rate among taconite miners

Earlier this week, University of Minnesota researchers presented the Minnesota state legislature with an update on their ongoing research into the number of mesothelioma deaths in taconite miners and residents of cities near the mining ranges in northern Minnesota.

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