/raid1/www/Hosts/bankrupt/CAR

1292(b)" be denied. Scott R. Bickford, Jeffrey Matthew Burg, Spencer R. Doody, Martzell & Bickford, New Orleans, LA, for Frank Bradley. Brian C. Bossier, Edwin A. Ellinghausen, III, Richard L. Olivier, Blue Williams, L.L.P., Metairie, LA, for Northrop Grumman Systems Corp. Gordon Peter Wilson, Frederick Lewis Parks, Lugenbuhl, Wheaton, Peck, Rankin & Hubbard, Gary Allen Lee, Richard Marshall Perles, Lee, Futrell & Perles, LLP, New Orleans, LA, for Peter Territo. ASBESTOS LITIGATION: Crane Records 85,884 Pending Claims in 1Q07 ---------------------------------------------------------------- Crane Co., as of March 31, 2007, recorded 85,884 pending asbestos-related claims filed against it, compared with 89,164 pending claims as of March 31, 2007, according to a Company report, on Form 8-K, filed with the U.S. Securities and Exchange Commission on April 23, 2007. As of Dec. 31, 2006, the Company recorded 85,941 claims filed against it, compared with 89,017 claims as of Dec. 31, 2005, according to a Company report. (Class Action Reporter, Feb. 2, 2007) As of March 31, 2007, the Company noted 1,095 new claims filed, 529 settlements, and 623 dismissals. As of March 31, 2006, the Company noted 1,304 new claims filed, 308 settlements, and 849 dismissals. Of the 85,884 pending claims as of March 31, 2007, about 25,000 claims were pending in New York, about 28,000 claims were pending in Mississippi, about 9,000 claims were pending in Texas, and about 4,000 claims were pending in Ohio. Since the termination of the comprehensive master settlement agreement on Jan. 24, 2005, the Company has been resolving claims filed against it in the tort system. Substantially all of the claims the Company resolves are concluded through settlements. The Company tried the Joseph Norris asbestos claim to verdict in California, however, and received an adverse jury verdict on Sept. 15, 2006. On Oct. 10, 2006, the court entered judgment on this verdict against the Company in the amount of US$2.15 million, together with interest thereon at the rate of 10 percent per annum until paid. The Company's post-trial motions were denied by order dated Dec. 15, 2006. On Jan. 3, 2007, the Company appealed the judgment. The appeal is pending. Based in Stamford, Conn., Crane Co., a manufacturer of highly engineered industrial products, serves customers in the aerospace, electronics, hydrocarbon processing, petrochemical, chemical, power generation, automated merchandising, transportation and other markets. The Company has about 12,000 employees in North America, South America, Europe, Asia, and Australia. ASBESTOS LITIGATION: Crane Incurs $21.1M Costs for Claims in 1Q ---------------------------------------------------------------- Crane Co., in the three months ended March 31, 2007, incurred US$21.1 million gross asbestos-related settlement and defense costs, before insurance and tax effects, compared with US$15.2 million in the three months ended March 31, 2006, according to a Company report, on Form 8-K, filed with the U.S. Securities and Exchange Commission on April 23, 2007. Of the US$21.1 million incurred as of March 31, 2007, US$11.2 million related to settlement costs and US$9.9 million related to defense costs. Of the US$15.2 million incurred as of March 31, 2007, US$5.8 million related to settlement costs and US$9.2 million related to defense costs. On July 22, 2005, the Company entered into an agreement to settle its insurance coverage claims for asbestos and other liabilities against certain underwriters at Lloyd's of London reinsured by Equitas for a total payment of US$33 million. Under the agreement, US$1.5 million was paid to the Company in the 2005-3rd quarter. The balance of US$31.5 million was placed into escrow for the payment of future asbestos claims and funds remaining in escrow were paid to the Company on Jan. 4, 2007. Effective March 1, 2006, the Company entered into two agreements with Hartford Accident and Indemnity Co. and certain affiliated companies ("Hartford") settling all outstanding claims under the Company's primary policies with Hartford for a final payment of US$1.3 million and establishing a coverage-in-place arrangement for asbestos claims under the Company's excess policies with Hartford, including a payment of US$2.6 million for claims billed to Hartford through Sept. 1, 2005. Effective April 10, 2006, the Company and Everest Reinsurance Co. and Mt. McKinley Insurance Co. (collectively, "Everest") reached a settlement agreement under which Everest's insurance coverage obligations for asbestos claims under the three historical Everest policies issued to the Company were released. The Company received a US$3.8 million cash payment under this settlement agreement on April 21, 2006. On June 30, 2006, the Company and Fireman's Fund Insurance Co. entered into an agreement, effective July 3, 2006, establishing a coverage-in-place arrangement for asbestos claims under the Company's excess policies with Fireman's Fund, including a payment of US$2.3 million for claims billed to Fireman's Fund through June 26, 2006, which was received by the Company in August 2006. Effective Sept. 7, 2006, the Company entered into a coverage-in- place agreement with Sentry Insurance, regarding an excess policy issued by Sentry's predecessor, Dairyland Insurance Co. Effective Dec. 20, 2006, the Company entered into a coverage-in- place agreement with Employers Insurance of Wausau (and Nationwide Indemnity Co. in its capacity as claims administrator for Wausau), establishing an arrangement for asbestos claims under the Company's excess policies with Wausau, and providing for initial payments totaling US$2.6 million for claims billed to Wausau through Nov. 30, 2006. Effective Dec. 22, 2006, the Company and Century Indemnity Co. and ACE Property and Casualty Co. (collectively "ACE") entered into an agreement which established a coverage-in-place arrangement for asbestos claims under the Company's excess policies with ACE. Based in Stamford, Conn., Crane Co., a manufacturer of highly engineered industrial products, serves customers in the aerospace, electronics, hydrocarbon processing, petrochemical, chemical, power generation, automated merchandising, transportation and other markets. The Company has about 12,000 employees in North America, South America, Europe, Asia, and Australia. ASBESTOS LITIGATION: Minnesotan Sues 72 Companies in Ill. Court ---------------------------------------------------------------- Lonna Morrison of Minnesota, on April 18, 2007, sued 72 defendant corporations in Madison County Circuit Court, Ill., alleging she was exposed to asbestos fibers from her husband's clothing, The Madison St. Clair Record reports. Ms. Morrison claims her husband, Curwood Olsen, was employed as a mechanic and engineer at various locations across the country. She claims Mr. Olsen would carry the asbestos dust on his clothing home with him where it would again become airborne. Ms. Morrison worked as a salesperson, buyer and manager at various locations including Illinois. She claims she was also exposed to asbestos during non-occupational work projects including home and automotive repairs, maintenance and remodeling. The suit claims that Ms. Morrison was diagnosed with mesothelioma on Feb. 8, 2007 and she subsequently became aware that her illness was wrongfully caused. The complaint alleges that defendants failed to require and advise their employees of hygiene practices designed to reduce or prevent carrying asbestos fibers home. As a result of the alleged negligence, Ms. Morrison claims she was exposed to asbestos fibers, and developed a disease caused only by asbestos, which has disabled and disfigured her. Ms. Morrison also claims that she has sought, but has been unable to obtain, full disclosure of relevant documents and information from the defendants leading her to believe the defendants destroyed documents related to asbestos. Ms. Morrison claims that as a result of each defendant breaching its duty to preserve material evidence by destroying documents and information, she has been prejudiced and impaired in proving claims against all potential parties. Ms. Morrison seeks compensatory damages in excess of US$300,000, plus punitive damages. Nicholas Angelides, John Barnerd, Perry Browder, Tim Thompson, and Richard Saville of SimmonsCooper in East Alton, Ill., represent Ms. Morrison. Case No. 07 L 378 has been assigned to Circuit Judge Dan Stack. ASBESTOS LITIGATION: Aapex Contests OSHA's $57T Cleanup Penalty ---------------------------------------------------------------- A spokesman for the U.S. Labor Department's Occupational Safety and Health Administration said that Aapex Environmental Services Inc. is contesting six health citations and a US$57,000 penalty, The Post-Standard reports. Aapex is accused of exposing employees to asbestos during a botched cleanup at the former Agway building in DeWitt. OSHA spokesman Ted Fitzgerald said that Aapex would now enter into litigation with the Labor Department. If a settlement cannot be reached, both parties will present their cases to an administrative law judge with the Occupational Safety and Health Review Commission, an independent board. ASBESTOS LITIGATION: Hazard Found in New York Elementary School ---------------------------------------------------------------- Jefferson Elementary School in Massena, N.Y., is closed due to an asbestos test in a classroom that came back positive, News 10 Now reports. Tests were conducted in three classrooms on April 21, 2007. No asbestos was airborne, but a swipe test in one room came back positive. However, a second quantitative test did not indicate the presence of asbestos. However, the superintendent, who received the Atlantic Testing results on April 23, 2007, still closed the building so everyone can be assured further tests come out negative. Doug Huntley expects students to be out of school about two days and says right now the school has emergency closing days to make it up. Asbestos has been found on a loading dock and in the boiler room at the school in the past. ASBESTOS LITIGATION: Appeals Court Favors Exxon in Altimore Suit ---------------------------------------------------------------- The Court of Appeals of Texas, Houston, 14th District reversed a trial court ruling in favor of Exxon Mobil Corp. in an asbestos- related lawsuit filed by Louise Altimore. The Panel, comprised of Justices Anderson, Edelman, and Seymore, handed down the decision of Case No. 14-04-01133-CV on April 19, 2007. This case presented the issue of whether Exxon owed a duty to Mrs. Altimore who was injured by exposure to asbestos brought home on her husband's work clothing. Ms. Altimore was diagnosed with pleural mesothelioma in April 2003. She sued Exxon and other defendants alleging her illness resulted from asbestos exposure for which the defendants were responsible. By the time of trial, Exxon was the remaining defendant. Mike Altimore, Mrs. Altimore's husband, was a lifetime Exxon employee. Mrs. Altimore's complaint against Exxon is that: Exxon negligently allowed Mr. Altimore to bring asbestos dust home on his work clothes, Mrs. Altimore inhaled the asbestos dust while laundering Mr. Altimore's asbestos laden work clothes, and causing her to contract mesothelioma. At the close of the evidence, the case was submitted to the jury as a negligence case and they returned a verdict finding Exxon acted negligently and with malice. The jury awarded Mrs. Altimore US$992,901 in actual damages and US$992,901 in exemplary damages. The 405th District Court, Galveston County, Tex., Trial Court entered judgment on the jury verdict for the amount of the exemplary damages. Exxon's post-trial motions for new trial and for remittitur and its motion to modify the judgment were overruled by operation of law. This appeal followed. Mrs. Altimore settled with the other defendants in an amount exceeding the actual damages found by the jury in the verdict against Exxon. In eight issues on appeal, Exxon argued the trial court erred when it entered a final judgment in favor of Mrs. Altimore. Having found Exxon did not owe Mrs. Altimore a duty, the Appeals Court reversed the judgment of the trial court and render judgment that Mrs. Altimore take nothing on her claim against Exxon. Reagan W. Simpson, Aditi Dravid, Gary D. Elliston, Glenna M. Kyle, Bryant Robert Bremer and Amy C. Eikel, represented Exxon Mobil Corp. Troy Damon Chandler, Daryl L. Moore and Denmon Heard, represented Louise Altimore. ASBESTOS LITIGATION: Owens-Illinois' Liabilities Drop to $497.7M ---------------------------------------------------------------- Owens-Illinois Inc.'s long-term asbestos-related liabilities, as of March 31, 2007, amounted to US$497.7 million, compared with US$534.1 million as of March 31, 2006, according to a Company press release dated April 25, 2007. As of Dec. 31, 2006, the Company had US$538.6 million long-term asbestos-related liabilities, compared with US$572.1 million as of Dec. 31, 2005. (Class Action Reporter, Feb. 9, 2007) As of March 31, 2007, the Company's current asbestos-related liabilities amounted to US$149 million, compared with US$155 million as of March 31, 2006. As of Dec. 31, 2006, the Company's current asbestos-related liabilities were US$149 million, compared with US$158 million as of Dec. 31, 2005. (Class Action Reporter, Feb. 9, 2007) New claims filed during the 2007-1st quarter were fiver percent lower than the 2006-1st quarter. Asbestos-related cash payments to resolve cases and claims in the ordinary course during the 2007-1st quarter were US$41 million, equal to the 2006-1st quarter. As of March 31, 2007, the Company's total pending asbestos- related lawsuits and claims remained at about 18,000 and the deferred amount payable for previously settled claims was US$81.4 million. Headquartered in Perrysburg, Ohio, Owens-Illinois Inc. makes packaging products and glass. The Company also makes healthcare packaging including plastic prescription containers and medical devices, and plastic closure systems including tamper-evident caps and child-resistant closures, with operations in the U.S., Mexico, Puerto Rico, Brazil, Hungary, Malaysia and Singapore. ASBESTOS LITIGATION: W.R. Grace's Liability Stays at $1.7B in 1Q ---------------------------------------------------------------- W.R. Grace & Co.'s long-term asbestos-related liability, as of March 31, 2007, amounted to US$1.7 billion, the same for the period ended Dec. 31, 2006, according to a Company press release dated April 25, 2007. As of March 31, 2007, the Company's asbestos-related insurance amounted to US$500 million, the same for the period ended Dec. 31, 2006. On April 2, 2001, the Company and 61 of its U.S. subsidiaries and affiliates, including its primary U.S. operating subsidiary W.R. Grace & Co.-Conn., filed for reorganization under Chapter 11 of the U.S. Bankruptcy Code in the U.S. Bankruptcy Court for the District of Delaware in order to resolve the Company's asbestos-related liabilities. In January 2005, the Company filed an amended plan of reorganization and related documents with the Bankruptcy Court. Expenses, net of interest income, related to the Company's Chapter 11 proceedings were US$17.8 million in the 2007-1st quarter, compared with US$8.7 million for the 2006-1st quarter, reflecting a higher level of activity in the bankruptcy proceeding related to claims adjudication and estimation. Most of the Company's non-core liabilities and contingencies, including asbestos-related litigation, environmental claims and other obligations, are subject to compromise under the Chapter 11 process. Headquartered in Columbia, Md., W.R. Grace & Co. supplies catalysts and other products to petroleum refiners. With annual sales of more than US$2.8 billion, the Company has about 6,500 employees and operations in over 40 countries. ASBESTOS LITIGATION: Ashland Reserves $569M for Litigation in 1Q ---------------------------------------------------------------- Ashland Inc.'s non-current asbestos litigation reserve, as of March 31, 2007, amounted to US$569 million, compared with US$500 million as of March 31, 2006, according to a Company press release dated April 25, 2007. As of Dec. 31, 2006, the Company's non-current asbestos litigation reserve was US$577 million, compared with US$512 million as of Dec. 31, 2005. (Class Action Reporter, Jan. 26, 2007) The Company's non-current asbestos insurance receivable, as of March 31, 2007, amounted to US$449 million, compared with US$345 million as of March 31, 2006. As of Dec. 31, 2006, the Company's non-current asbestos insurance reserve was US$440 million, compared with US$363 million for the same period in 2005. (Class Action Reporter, Jan. 26, 2007) Net income in the March 2007 quarter benefited from US$18 million, or US$0.28 a share, of income from discontinued operations, a result of the improved credit quality of the Company's insurance receivable from Equitas Ltd., which provides a significant portion of the Company's coverage for asbestos claims. Headquartered in Covington, Ky., Ashland Inc. is a diversified, global chemical company. The Company operates through four divisions: Ashland Performance Materials, Ashland Distribution, Valvoline, and Ashland Water Technologies. ASBESTOS LITIGATION: Sealed Air Liability Stays at $512.5M in 1Q ---------------------------------------------------------------- Sealed Air Corp., for the quarter ended March 31, 2007, recorded an asbestos settlement liability of US%512.5 million, the same as for the quarter ended March 31, 2006, according to a Company press release dated April 25, 2007. As of Dec. 31, 2006 and Dec. 31, 2005, the Company recorded an asbestos-related liability of US$512.5 million. (Class Action Reporter, Feb. 2, 2007) For the quarter ended March 31, 2007, the Company recorded US$18 million as effect of assumed issuance of asbestos settlement shares, the same as for the quarter ended March 31, 2006. For the quarters and the years ended Dec. 31, 2006 and Dec. 31, 2005, the Company's effect of assumed issuance of asbestos settlement shares was US$9 million. (Class Action Reporter, Feb. 2, 2007) Based in Elmwood Park, N.J., Sealed Air Corp. makes food and protective packaging materials and systems including brands like Bubble Wrap cushioning, Jiffy protective mailers, and Cryovac food packaging products. ASBESTOS LITIGATION: Victim Seeks Up to GBP800T from Shipbuilder ---------------------------------------------------------------- Raymond Thomas Shanks, of Monkseaton, England, U.K., could claim up to GBP800,000 in damages in an asbestos-related action filed against shipbuilders Swan Hunter in London's High Court, Today's Chronicle reports. In 2005, 59-year-old Mr. Shanks was diagnosed with mesothelioma, two years after his son Michael died of non-Hodgkin's lymphoma at 28. Mr. Shanks had migrated to Australia in 1983, where he eventually started a construction business. His son Michael, who grew up in the country, became ill in 2001, and eventually died. Mr. Shanks then returned to the UK to be with family and friends. He was exposed to asbestos on an electrician apprenticeship with Swan Hunter between 1963 and 1969. The company has admitted liability but disputes the amount of the claim. In his written argument to the court, Matthias Kelly, QC, said, "There is an abundance of evidence that he would have been able to continue actively in his role well beyond his 65th birthday." Mr. Shanks is also claiming damages for the cost of his relocation back to Britain, including the costs of his new home and flights from Australia. ASBESTOS LITIGATION: Couple Files Suit v. 47 Companies in W.Va. ---------------------------------------------------------------- Charleston, W.Va., attorney Cindy Kiblinger filed an asbestos- related lawsuit, on behalf of Paul and Evelyn Runion, against 47 companies in Kanawha Circuit Court on April 11, 2007, The West Virginia Record reports. According to the suit, Mr. Runion was exposed to asbestos dust and other harmful dusts as a result of the products of the defendants. The nine-count suit specifically mentions Minnesota Mining and Manufacturing Co., which produced dust masks that Mr. Runion used. The suit says the masks were marketed as something that would protect the workers from ill effects of breathing dusts and fumes. However, Mr. Runion claims the masks did not fully protect him and caused him to develop a severe asbestos-related disease. The Runions seek damages to fully compensate them for their injuries, as well as punitive damages. Kanawha Circuit Court Case No. 07-C-707 has been assigned to a visiting judge. ASBESTOS LITIGATION: Asbestos Dumped at Australian Town Landfill ---------------------------------------------------------------- The Surf Coast Shire in Australia, on April 24, 2007, revealed that workers at the Council-run Anglesea landfill came across asbestos material after a member of the public dropped it off, Geelong Advertiser reports. Council spokeswoman Libby Coker said the two sheets of asbestos could not harm workers or landfill users with carcinogenic fibers as it was not breaking apart. Ms. Coker said, "Only a small amount of asbestos was dropped off, so the council has decided not to investigate it. But we are still wanting to raise awareness to the fact that asbestos can be hazardous if people don't dispose if it properly." However, Ms. Coker said the council would take an aggressive approach to ensure those incidents do not happen again. If people are found trying to dump asbestos at the landfill they could face an AUD2,000 cost of removing the material after WorkSafe and the Environment Protection Authority are contacted. The council can also ban the person from the site. The only council facility that accepts asbestos is in Fyansford. ASBESTOS LITIGATION: Appeals Court Reinstates Satterfield Action ---------------------------------------------------------------- The Court of Appeals of Tennessee reinstated an asbestos-related case filed by Amanda Satterfield and her father Doug Satterfield against Breeding Insulation Company Inc. and Aluminum Company of America (Alcoa). The Panel, comprised of Judges Herschel Pickens Franks, D. Michael Swiney, and Sharon G. Lee, handed down the decision of Case No. E2006-00903-COA-R3-CV on April 19, 2007. On Dec. 8, 2003, Ms. Satterfield filed a Complaint with the Knox County Circuit Court against Breeding and Alcoa. The Complaint charged that Ms. Satterfield contracted mesothelioma. The Complaint averred that Mr. Satterfield began working at Alcoa's facilities in Alcoa, Tenn., in the 1970s, and that he was employed for Alcoa from May 1973 to September 1975, and returned to Alcoa in September 1978 after serving in the Army for three years. Upon his return to Alcoa, he worked as a Reclamation Furnace Operator. In 1980, Mr. Satterfield became a mechanical specialist, conducting pipefitting and mechanical work involving the removal of asbestos insulation. In September 1979, Ms. Satterfield was prematurely born to Doug and Donna Satterfield. During the child's hospital stay, Mr. Satterfield visited her directly from work and stayed with her every evening. The Complaint further averred that as early as 1965 Alcoa knew about insulation and maintenance workers' exposure to asbestos, but never warned Mr. Satterfield of the risks of asbestos exposure. The case was transferred to the Blount County Circuit Court, and Alcoa Answered on Feb. 11, 2004. The Answer asserted the Complaint failed to state a claim or cause of action against Alcoa upon which relief could be granted. The Answer also denied that it caused any of Ms. Satterfield's injuries or damages. On Jan. 1, 2005, Ms. Satterfield died and Mr. Satterfield asked the Circuit Court to substitute him as the Party Plaintiff. In December 2005, Alcoa filed a Motion for Judgment on the Pleadings. In January 2006, Mr. Satterfield filed a Motion to Strike and also filed a Brief in Opposition to the Defendants' Motion for Judgment on the Pleadings. The Trial Court dismissed the action for failure to state a cause of action and Mr. Satterfield has appealed. The Appeals Court reversed the Judgment of the Trial Court and reinstated this action for further proceedings consistent with this Opinion. The cost of the appeal is assessed to Aluminum Company of America. Gregory F. Coleman of Knoxville, Tenn., represented Doug Satterfield. John A. Lucas, John T. Winemiller, and Thomas Hale, Knoxville, Tenn., and John Charles Thomas, Hunton & Williams LLP, Richmond, represented Aluminum Company of America. ********* S U B S C R I P T I O N I N F O R M A T I O N Class Action Reporter is a daily newsletter, co-published by Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania, USA, and Beard Group, Inc., Frederick, Maryland USA. Glenn Ruel Senorin, Ma. Cristina Canson, and Janice Mendoza, Editors. Copyright 2007. All rights reserved. ISSN 1525-2272. This material is copyrighted and any commercial use, resale or publication in any form (including e-mail forwarding, electronic re-mailing and photocopying) is strictly prohibited without prior written permission of the publishers. Information contained herein is obtained from sources believed to be reliable, but is not guaranteed. The CAR subscription rate is $575 for six months delivered via e-mail. Additional e-mail subscriptions for members of the same firm for the term of the initial subscription or balance thereof are $25 each. For subscription information, contact Christopher Beard at 240/629-3300. * * * End of Transmission * * *