Category Archives: Other Asbestos News

Exxon Mobil Pleads No Responsibility in Lawsuit Against Lockheed Martin Over Asbestos Litigation Bill

On April 4, 2016, Exxon Mobil Corporation brought suit against Lockheed Martin Corporation, seeking a declaration that the 1963 asset purchase agreement between Martin-Marietta, Lockheed’s predecessor, and Mobil Finishes does not give rise to an obligation to pay or reimburse costs that Lockheed Martin allegedly incurred or may incur with regards to alleging asbestos bodily injury claims against Lockheed or its predecessor. This suit arises out of a letter in February sent from claims administrator Resolute Management Inc. seeking $16 million to cover costs of…

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North Carolina Federal Judge Stays RICO Cases Against Asbestos Plaintiffs Firms

On Monday, March 28, 2016, Judge Graham Mullen of the Western District of North Carolina granted Garlock Sealing Technologies’ motion to stay the four racketeering lawsuits fired against it. Judge Mullen granted Garlock’s motion based on the parties’ “consent and for good cause shown.” In its motion, Garlock explained that it reached an agreement on a consensual plan of reorganization with the representatives for all current and future asbestos claimants.  Under the plan, Garlock and its parent, Coltec Industries Inc., and ultimate parent, EnPro Industries…

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Finding of Personal Liability, Joint and Several Liability, and $850,000 Civil Penalty for Environmental Violations in Connection with Asbestos Remediation Project Affirmed on Appeal Court of Appeals of Ohio, Seventh Appellate District, Jefferson County, March 3, 2016

Appellants Arthur David Sugar, Honey Creek Contracting Company, Inc., Dave Sugar Excavating, LLC, ADS Leasing Corp., and Excavating Technologies appealed findings of personal liability, joint and several liability, and a March 27, 2013 environmental enforcement civil penalty awarded to the State of Ohio by the Jefferson County Common Pleas Court. Appellant Sugar individually argued that the trial court improperly found him personally liable “for environmental violations that occurred during the asbestos removal in a mill owned by his company.” Prior to his 2004 purchase of…

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Garlock’s Action Based on Fraud For Failure to Disclose Exposure to Bankrupt Manufacturer’s Products Dismissed as Time-Barred Court of Appeals of Kentucky, March 4, 2016

In a prior action brought by estate representative, Delores Robertson, for alleged asbestos exposure to the decedent, Thomas Robertson, Garlock Sealing Technologies LLC was found by a jury to be 25-percent liable. The remainder of the liability was split between the decedent and other settled and non-settled first and third party defendants. Judgment was entered on December 1, 2008.  On July 26, 2012, Garlock brought an action pursuant to CR 60.02(d) claiming that the judgment was based on fraud for plaintiff failing to disclose in…

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Japanese Court Finds Construction Materials Makers Liable for Failure to Warn About Asbestos Exposure

On January 29, 2016, the Kyoto District Court held that nine companies must pay 112 million yen in damages for selling materials without warning that they contained asbestos. Presiding Judge Kazumi Higa further ordered the government to pay 104 million yen for its failure to take preventative measures. This lawsuit arose when a former construction worker filed a claim for damages for the lung cancer and mesothelioma contracted by inhaling asbestos at construction sites.  He demanded a payment of about one billion yen from the…

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Armstrong World Industries, Inc. Asbestos Personal Injury Settlement Trust Drops Under 20 Percent Ownership in Industries-Company, Files 13G Form

The Armstrong World Industries, Inc. Asbestos Personal Injury Settlement Trust recently filed a SC 13G/A form. The form reported a decreased stake in the company by a total of -29.36 percent to 5,251,234 shares, leaving the Trust owning 9.5 percent of the Industrials-company.  This form was required as a result of trading activity on December 31, 2015. Armstrong World Industries, Inc. produces flooring products and ceiling systems for use in the construction and renovation of various types of buildings.  This 13G form is used when…

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Honorable Garrett Wong Formally Takes the Reigns as San Francisco Asbestos Presiding Judge

On January 11, 2016, Judge Garrett L. Wong formally replaced the Honorable Teri L. Jackson as the San Francisco Superior Court Asbestos Presiding Judge. Judge Wong, a San Francisco native and alum of the University of California, has worked in civil and criminal litigation in the public and private sectors. He was originally appointed to the San Francisco Superior Court by Gov. Arnold Schwarzenegger in 2005 and served as a misdemeanor and trial judge at the Hall of Justice in San Francisco. Although Judge Wong…

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Zadroga Bill Passes, Provides Financial Support for Veterans with Mesothelioma and 9/11 First Responders

Congress has approved two programs that will provide financial support for those who were sickened following the terrorist attacks on 9/11 on the World Trade Center and those veterans who have been diagnosed with mesothelioma as a result exposure to asbestos during their service. The funding bill is valued at $1.1 trillion and has been enacted as the “James Zadroga 9/11 Health and Compensation Reauthorization Act.”  The funding provided by the bill will be available for the next 75 years, giving the illness plenty of…

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New U.S. Senate Report Confirms Continued Risk of Asbestos Exposure for Students, Teachers, and Staff

The staff of Senator Edward J. Markey (D-Mass.) has released a new report that confirms that students, teachers, and staff are still at risk for asbestos exposure. On March 31, 2015, Senator Markey and Senator Barbara Boxer (D-Calif.) began an investigation into the management of asbestos hazards in school buildings. In doing so, they sent letters to the governors of all fifty states to find out more about their implementation and enforcement of the Asbestos Hazard Emergency Response Act (AHERA), passed by Congress in 1986.…

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Ford Seeking Discovery and Sanctions Against Co-Defendant John Crane Alleging Collusion With Plaintiffs to Keep Cases in State Court.

In November, Ford’s counsel brought a motion seeking sanctions against John Crane and its attorneys and plaintiff’s counsel. Ford alleges that John Crane has continuously cooperated with plaintiffs in remaining in cases as a “straw man” to prohibit removal to federal court. Genuine Parts Company joined in with the motion, but subsequently asked to withdraw the part of its motion seeking sanctions. On December 4, 2015,  Crane responded that Ford’s motion is nothing more than a “witch hunt” and that there is no agreement between…

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