/raid1/www/Hosts/bankrupt/CAR_Public/120921.mbx
C L A S S A C T I O N R E P O R T E R
Friday, September 21, 2012, Vol. 14, No. 188
Headlines
AMEDISYS INC: Faces Wage and Hour Class Suit in Connecticut
AMEDISYS INC: Plaintiffs Seek Reconsideration of Suit Dismissal
AMERICAN INT'L: Judge Approves $4-Mil. Class Action Settlement
ASTORIA FINANCIAL: "Lefkowitz" Class Suit Dismissed in July
BB&T CORP: Appeals in Checking Accounts Suits Remain Pending
BIRMINGHAM, AL: Police Appeals Pepper Spray Class Action Ruling
BOK FINANCIAL: Awaits Approval of Overdraft Fee Suit Settlement
BOSTON SCIENTIFIC: 1st Cir. Affirms Dismissal of Securities Suit
BOSTON SCIENTIFIC: Shareholder Class Suit Dismissed in June
CARDINAL HEALTH: Judge Dismisses Antitrust Class Action
CHIPOTLE MEXICAN: Sued in Colorado for Misleading Shareholders
CIBER INC: Bid to Dismiss "Weston" Securities Class Suit Pending
CORVEL CORP: Seeks Dismissal of Claims Under "Williams" Suit Deal
CORVEL CORP: "Roche" Suit Deal Final Report Expected in November
COVELLI ENTERPRISES: Class Action Settlement Gets Prelim. Approval
DEAN FOODS: Gets Final OK of Southeastern Dairy Farmers Suit Deal
DEAN FOODS: Two Antitrust Suits Remain Pending in Tennessee
FRESHLINE/CAITO FOODS: Recalls Expired Fresh-Cut Mango Products
GENERAL MILLS: UCL Claim Trial Set to Begin on December 4
GOOGLE INC: Federal Appeals Court Delays Book Scanning Suit
H&M HENNES: Recalls 2,900 Kids' Water Bottles Due to Choking Risk
HIGHMARK: Seeks Dismissal of Insurance Premium Hike Class Action
INCREDIBLE SCENTS: Sued Over False Claims on "Silent Snooz"
LIVE NATION: Faces Class Action Over Paperless Ticketing System
NEVADA: Seeks Approval of Kosher Prison Meal Settlement
NEWELL RUBBERMAID: Continues to Defend Product Liability Suits
OFFICE DEPOT: Securities Class Action Suit Closed in July
OPPENHEIMER HOLDINGS: Quincy Retirement Board Joins Class Action
PACKAGING CORP: Continues to Defend Containerboard Class Suit
PANTRY INC: Dispositive Motions in Suits Over Fuel Temp. Pending
PANTRY INC: Continues to Defend Amended "Amason" Class Action
PEREGRINE FINANCIAL: Officials Face Another Class Action Suit
PFIZER INC: Ex-Wyeth Shareholders Obtain Class Certification
PORTLAND GENERAL: Electric Service Customers Suits in Abatement
SOTHEBYS: Plaintiffs Appeal Dismissal of Suit Over Royalties
STERLING FINANCIAL: Partial Dismissal OK'd in Overdraft Fee Suit
STERLING SAVINGS: Ex-Loan Officers File Overtime Class Action
SUTTER HEALTH: Faces Antitrust Class Action in California
SYNGENTA CROP: Judge Tosses Atrazine Settlement Objection
TECUMSEH PRODUCTS: Continues to Defend Suits Over Compressor
TECUMSEH PRODUCTS: Still Defends Canadian Horsepower Label Suits
TENET HEALTHCARE: Appeal in "Doe" Class Suit Remains Pending
TENET HEALTHCARE: Awaits Decision in Wage and Hour Class Suits
TENET HEALTHCARE: To Submit "Dunn" Suit Settlement This Month
TEREX CORP: Awaits Rulings on Bid to Dismiss Two Class Suits
UNITED SALAD: Recalls Products That Contain Mangoes
UNITEDHEALTH GROUP: Continues to Defend Ingenix-Related Suits
VIVUS INC: Bid to Dismiss Securities Suit Now Under Submission
Asbestos Litigation
ASBESTOS UPDATE: Safety Measures Extend Cleanup at Twin Bridges
ASBESTOS UPDATE: Judgment Drops Jury Award From $90MM to $8.4MM
ASBESTOS UPDATE: 876 Schools In Northern Ireland Are Contaminated
ASBESTOS UPDATE: Impact of Marois Victory on Asbestos Industry
ASBESTOS UPDATE: Election Gives "Anti-Asbestos" Reverend Hope
ASBESTOS UPDATE: Europlasma Group Gets EUR2 Million Investment
ASBESTOS UPDATE: Ex-Buttonholer's Widower Settles With Insurers
ASBESTOS UPDATE: Contaminated Sheds Revealed at BTAC Meeting
ASBESTOS UPDATE: ARD Suffering Workers to Get Free CT Scans
ASBESTOS UPDATE: Scout Leader "Likely" Exposed to Fibro at Work
ASBESTOS UPDATE: Workers at Old Cassiar Mine Put on Cancer Alert
ASBESTOS UPDATE: PQ Victory May End Hope to Reopen Jeffrey Mine
ASBESTOS UPDATE: Libby Asbestos Disaster Now An Elective Course
ASBESTOS UPDATE: Rajasthan Ex-Asbestos Miners Reclaim Mining Pits
ASBESTOS UPDATE: Unabated NSW Health Building Irks Greens MP
ASBESTOS UPDATE: Repair Work Stirs Up Fibro at Pelsall School
ASBESTOS UPDATE: Molder's Widow Pleas to Husband's Former Peers
ASBESTOS UPDATE: Texas Lawyer Offers Services to Everyday Workers
ASBESTOS UPDATE: UK Detectives Found Asbestos In Fake Cigarettes
ASBESTOS UPDATE: Conventional Wisdom on Asbestos Reviewed
ASBESTOS UPDATE: Six Pueblo County Schools to Spend for Abatement
ASBESTOS UPDATE: 10-Year Meso Survivor Honored for Advocacy
ASBESTOS UPDATE: Sioux City School Board Approves Abatement Plan
ASBESTOS UPDATE: Plan to Form Office of Asbestos Safety Announced
ASBESTOS UPDATE: Southcross Project Contractors Fined $148,000
ASBESTOS UPDATE: India Chief Minister Receives Call to Ban Fibro
ASBESTOS UPDATE: Caterer's Surviving Kin to Sue Lancashire County
ASBESTOS UPDATE: Locals Slam Wirral Council Over Dumped Fibro
ASBESTOS UPDATE: Contamination Ends FONCS Excavation Project
ASBESTOS UPDATE: Request for Biopsy on Living Plaintiff Denied
ASBESTOS UPDATE: Housing Firm Exec Says Fibro Posed No Risk
ASBESTOS UPDATE: Caterpillar, 75 Others Face Meso Lawsuit
ASBESTOS UPDATE: Call to Remove Carcinogens Near MCCAA Unheeded
ASBESTOS UPDATE: Japanese Survey Says Old Chimneys Release Fibro
ASBESTOS UPDATE: Ex-Soldier Gets Payout From 3 Employers
ASBESTOS UPDATE: Death Toll From Fibro Rises in West Australia
ASBESTOS UPDATE: NYPL-Bloomingdale Up for Abatement in December
ASBESTOS UPDATE: Sibling Shocked of Ex-Stanton Worker's COD
ASBESTOS UPDATE: Sleaford Property Restorer Fined GBP4,000
ASBESTOS UPDATE: Dublin School Demolition Timing Upsets Parents
ASBESTOS UPDATE: Coroner Says Emsworth Man's Death Work-Related
ASBESTOS UPDATE: Canada Lets Go of Asbestos to Global HazMat List
ASBESTOS UPDATE: Two Maili Playgrounds Tested for Contamination
ASBESTOS UPDATE: Battle of Gettysburg Electric Light-Up Map Sold
ASBESTOS UPDATE: Clean Up Of Infamous Wilton Building Almost Done
ASBESTOS UPDATE: "Specialist" Provided Fake Safety Certificate
ASBESTOS UPDATE: Work Stop Order Hangs Liberty Theater Project
ASBESTOS UPDATE: Wall Fibro Closes Annapolis Valley School
ASBESTOS UPDATE: New Owner of Gettysburg Battlefield Map Named
ASBESTOS UPDATE: Former Fitter's Mate Pleas to Peers for Info
ASBESTOS UPDATE: Forster Mill Still Up for Less Regulated Cleanup
ASBESTOS UPDATE: 1st Genetic Mapping of Lung Cancer Raises Hope
ASBESTOS UPDATE: Judge Vacates Dismissal of 1,600 MARDOC Cases
ASBESTOS UPDATE: Abatement of Old Uluru Motel Site Underway
ASBESTOS UPDATE: Ex-Town Tailors Worker's Widower Pleas for Info
ASBESTOS UPDATE: Balcorp Says Work to Reopen Jeffrey Mine Goes On
ASBESTOS UPDATE: Asbestos Laws Among Top Environmental Successes
ASBESTOS UPDATE: Four Asbestos Cases Added in St. Clair's Docket
ASBESTOS UPDATE: Reported Toxic Dump at Carlton Park Removed
ASBESTOS UPDATE: Test at Ludlow Apartment Shows 50% Chrysotile
ASBESTOS UPDATE: Kin Plea to Ex-Electrician's Peers for Info
ASBESTOS UPDATE: Prospective Jurors Interviewed for Madison Trial
ASBESTOS UPDATE: OCAPIC Seeks to Intervene in Garlock Lawsuit
ASBESTOS UPDATE: Fibro Find Closes McAllen High School Gym
ASBESTOS UPDATE: Yarway Corp, 70 Others Face Lawsuit
ASBESTOS UPDATE: 5K Fund Run for Former New London Firefighter
ASBESTOS UPDATE: Bedford Seeks Grant to Demolish Water Plant
ASBESTOS UPDATE: 3rd Cir. Reverses Reinsurance Ruling v. Global
ASBESTOS UPDATE: Ky. Ct. Grants Summary Judgment in Inmate's Suit
ASBESTOS UPDATE: NJ Court Halts Arrowood Suit Pending Discovery
ASBESTOS UPDATE: Georgia-Pacific's Bid to Dismiss Suit Junked
ASBESTOS UPDATE: Plan Confirmed in 11-Year Old Bankruptcy Case
ASBESTOS UPDATE: Ameren Continues to Defend PI Exposure Suits
ASBESTOS UPDATE: To Finish Asbestos Liabilities Review in 3Q
ASBESTOS UPDATE: GST Estimation Trial Tentatively Set for April
ASBESTOS UPDATE: Duke Energy Carolinas Had $776MM Reserves
ASBESTOS UPDATE: Duke Energy Ohio Continues to Defend Claims
ASBESTOS UPDATE: MRC Global Had 1,036 Asbestos Claims at June 30
ASBESTOS UPDATE: Huntington Ingalls Continues to Defend Claims
ASBESTOS UPDATE: Imperial Industries Continue to Defend PI Suits
*********
AMEDISYS INC: Faces Wage and Hour Class Suit in Connecticut
-----------------------------------------------------------
Amedisys, Inc., is facing a class action lawsuit in Connecticut
alleging wage and hour law violations, according to the Company's
August 7, 2012, Form 10-Q filing with the U.S. Securities and
Exchange Commission for the quarter ended June 30, 2012.
On July 25, 2012, a putative collective and class action complaint
was filed in the United States District Court for the District of
Connecticut against the Company in which three former employees
allege wage and hour law violations. The former employees claim
they were paid under both a per-visit and an hourly basis, thereby
misclassifying them as exempt employees and entitling them to
overtime pay. The plaintiffs allege continuing violations of
federal and state law and seek damages under the Fair Labor
Standards Act ("FLSA"), as well as under the Pennsylvania Minimum
Wage Act. Plaintiffs seek class certification of similar
employees and seek attorneys' fees, back wages and liquidated
damages going back three years under the FLSA and three years
under the Pennsylvania statute.
Amedisys, Inc. -- http://www.amedisys.com/-- is one of America's
leading home health and hospice companies. The company is
headquartered in Baton Rouge, Louisiana.
AMEDISYS INC: Plaintiffs Seek Reconsideration of Suit Dismissal
---------------------------------------------------------------
Plaintiffs in a consolidated securities class action against
Amedisys, Inc. seek reconsideration of the dismissal of their
lawsuit, according to the Company's August 7, 2012, Form 10-Q
filing with the U.S. Securities and Exchange Commission for the
quarter ended June 30, 2012.
Securities Class Action Lawsuits
On June 7, 2010, a putative securities class action complaint was
filed in the United States District Court for the Middle District
of Louisiana against the Company and certain of its current and
former senior executives. Additional putative securities class
actions were filed in the United States District Court for the
Middle District of Louisiana on July 14, July 16, and July 28,
2010.
On October 22, 2010, the Court issued an order consolidating the
putative securities class action lawsuits and the Federal
Derivative Actions for pre-trial purposes. In the same order, the
Court appointed the Public Employees Retirement System of
Mississippi and the Puerto Rico Teachers' Retirement System as co-
lead plaintiffs (together, the "Co-Lead Plaintiffs") for the
putative class. On December 10, 2010, the Court also consolidated
a class action lawsuit alleging violations of the Employee
Retirement Income Security Act with the putative securities class
actions and Federal Derivative Actions for pre-trial purposes.
On January 18, 2011, the Co-Lead Plaintiffs filed an amended,
consolidated class action complaint (the "Securities Complaint")
which supersedes the earlier-filed securities class action
complaints. The Securities Complaint alleges that the defendants
made false and/or misleading statements and failed to disclose
material facts about the Company's business, financial condition,
operations and prospects, particularly relating to its policies
and practices regarding home therapy visits under the Medicare
home health prospective payment system and the related alleged
impact on its business, financial condition, operations and
prospects. The Securities Complaint seeks a determination that
the action may be maintained as a class action on behalf of all
persons who purchased the Company's securities between August 2,
2005, and September 28, 2010, and an unspecified amount of
damages.
All defendants previously moved to dismiss the Securities
Complaint. On June 28, 2012, the United States District Court for
the Middle District of Louisiana granted the defendants' motion to
dismiss the Securities Complaint. On July 26, 2012, the Co-Lead
Plaintiffs filed a motion for reconsideration. Through that
motion, the Co-Lead Plaintiffs have asked the Court to rescind its
June 28, 2012 dismissal order and to reverse its decision to grant
the Defendants' motion to dismiss. In the alternative, the Co-
Lead Plaintiffs have asked the Court to modify its dismissal order
to grant Co-Lead Plaintiffs permission to file a second amended
complaint. Defendants have not yet responded to the motion for
reconsideration.
Derivative Actions
On July 2, 2010, an alleged shareholder of the Company filed a
derivative lawsuit in the United States District Court for the
Middle District of Louisiana, purporting to assert claims on
behalf of the Company against certain of its current and former
officers and directors. Three similar derivative lawsuits were
filed in the United States District Court for the Middle District
of Louisiana on July 15, July 21, and August 2, 2010 (together,
the "Federal Derivative Actions"). The Company is named as a
nominal defendant in all of those actions. On October 22, 2010,
the United States District Court for the Middle District of
Louisiana issued an order consolidating the Federal Derivative
Actions with the putative securities class action lawsuits and for
pre-trial purposes.
On January 18, 2011, the plaintiffs in the Federal Derivative
Actions filed a consolidated, amended complaint (the "Derivative
Complaint") which supersedes the earlier-filed derivative
complaints. The Derivative Complaint alleges that certain of the
Company's current and former officers and directors breached their
fiduciary duties to the Company by making allegedly false
statements, by allegedly failing to establish sufficient internal
controls over certain of the Company's home health and Medicare
billing practices, by engaging in alleged insider trading, and by
committing unspecified acts of waste of corporate assets and
unjust enrichment. All defendants in the Federal Derivative
Actions, including the Company as a nominal defendant, have moved
to dismiss the Derivative Complaint. That motion is fully briefed
and remains pending before the court.
On July 23, 2010, a derivative lawsuit was filed in the Nineteenth
Judicial District Court, Parish of East Baton Rouge, State of
Louisiana. That action also purports to assert claims on behalf
of the Company against certain of the Company's current and former
officers and directors. On December 8, 2010, the Court entered an
order staying the action in deference to the earlier-filed
derivative actions pending in federal court.
ERISA Class Action Lawsuit
On September 27, 2010, and October 22, 2010, separate putative
class action complaints were filed in the United States District
Court for the Middle District of Louisiana against the Company,
certain of the Company's current and former senior executives and
members of the Company's 401(k) Plan Administrative Committee.
The lawsuits allege violations of the Employee Retirement Income
Security Act ("ERISA") since January 1, 2006, and July 1, 2007,
respectively. The plaintiffs brought the complaints on behalf of
themselves and a class of similarly situated participants in the
Company's 401(k) plan. The plaintiffs assert that the defendants
breached their fiduciary duties to the 401(k) Plan's participants
by causing the 401(k) plan to offer and hold Amedisys common stock
during the respective class periods when it was an allegedly
unduly risky and imprudent retirement investment because of the
Company's alleged improper business practices. The complaints
seek a determination that the actions may be maintained as a class
action, an award of unspecified monetary damages and other
unspecified relief. On December 10, 2010, the Court consolidated
the putative ERISA class actions with the putative securities
class actions and derivative actions for pre-trial purposes. In
addition, on December 10, 2010, the Court appointed interim lead
counsel and interim liaison counsel in the ERISA class action.
On March 10, 2011, Wanda Corbin, Pia Galimba and Linda Trammell
(the "Co-ERISA Plaintiffs"), filed an amended, consolidated class
action complaint (the "ERISA Complaint"), which supersedes the
earlier-filed ERISA class action complaints. The ERISA Complaint
seeks a determination that the action may be maintained as a class
action on behalf of themselves and a class of similarly situated
participants in the Company's 401(k) plan from
January 1, 2008, through present. All of the defendants have
moved to dismiss the ERISA Complaint. That motion is fully
briefed and remains pending before the court.
The Company says it is unable to assess the probable outcome or
reasonably estimate the potential liability, if any, arising from
the SEC investigation, the U.S. Department of Justice CIDs, the
Stark Law matter it has disclosed to CMS and the securities,
shareholder derivative, ERISA and wage and hour litigation given
the preliminary stage of these matters. The Company intends to
continue to vigorously defend itself in the securities,
shareholder derivative, ERISA and wage and hour litigation
matters. No assurances can be given as to the timing or outcome
of the SEC investigation, the U.S. Department of Justice CIDs, the
Stark Law matter the Company has disclosed to CMS or the
securities, shareholder derivative, ERISA and wage and hour
litigation matters or the impact of any of the inquiry,
investigation or litigation matters on the Company, its
consolidated financial condition, results of operations or cash
flows, which could be material, individually or in the aggregate.
The Company recognizes that additional putative securities class
action complaints and other litigation could be filed, and that
other investigations and actions could be commenced, relating to
matters involving the Company's home therapy visits and therapy
utilization trends or other matters.
Amedisys, Inc. -- http://www.amedisys.com/-- is one of America's
leading home health and hospice companies. The company is
headquartered in Baton Rouge, Louisiana.
AMERICAN INT'L: Judge Approves $4-Mil. Class Action Settlement
--------------------------------------------------------------
Linda Chiem, writing for Law360, reports that a federal judge on
Sept. 14 approved a $4 million settlement between American
International Group Inc. and a class of insured South Carolina
businesses, capping off four years of litigation over the
insurer's allegedly fraudulent calculation of workers'
compensation premiums.
U.S. District Judge Joseph F. Anderson Jr. certified the class and
granted final approval of the settlement -- calling it fair,
reasonable and in the best interest of the class. The South
Carolina businesses sued AIG in 2008 alleging the insurance giant
improperly inflated premiums.
ASTORIA FINANCIAL: "Lefkowitz" Class Suit Dismissed in July
-----------------------------------------------------------
The class action lawsuit commenced by Ellen Lefkowitz in New York
was dismissed in July 2012, according to Astoria Financial
Corporation's August 7, 2012, Form 10-Q filing with the U.S.
Securities and Exchange Commission for the quarter ended June 30,
2012.
On February 27, 2012, a putative class action entitled Ellen
Lefkowitz, individually and on behalf of all Persons similarly
situated v. Astoria Federal Savings and Loan Association was
commenced in the Supreme Court of The State of New York, County of
Queens, or the Queens County Supreme Court, against the Company
alleging that during the proposed class period, the Company
improperly charged overdraft fees to customer accounts when
accounts were not overdrawn, improperly reordered electronic debit
transactions from the highest to the lowest dollar amount and
processed debits before credits to deplete accounts and maximize
overdraft fee income. The complaint contains the further
assertion that the Company did not adequately inform the Company's
customers that they had the option to "opt-out" of overdraft
services. The Company was served with the summons and complaint
in such action on February 29, 2012, and were initially required
to reply on or before April 30, 2012. By Stipulation between the
parties, the Company's time to answer was extended to May 7, 2012,
at which time the Company moved to dismiss the complaint. On July
19, 2012, the Queens County Supreme Court issued an order
dismissing the complaint in its entirety.
BB&T CORP: Appeals in Checking Accounts Suits Remain Pending
------------------------------------------------------------
Appeals in lawsuits challenging BB&T Corporation's customer
checking accounts practices remain pending, according to the
Company's August 7, 2012, Form 10-Q filing with the U.S.
Securities and Exchange Commission for the quarter ended June 30,
2012.
The Company is a defendant in three separate cases primarily
challenging the Company's daily ordering of debit transactions
posted to customer checking accounts for the period from 2003 to
2010. The plaintiffs have requested class action treatment;
however, no class has been certified. The court initially denied
motions by the Company to dismiss these cases and compel them to
be submitted to individual arbitration. The Company then filed
appeals in all three matters. There have been numerous subsequent
procedural developments. These include an appeal to the U.S.
Supreme Court in one matter which resulted in a November 2011
decision that benefited the Company and two decisions in July 2012
in two other matters by the U.S. Court of Appeals for the Eleventh
Circuit ordering arbitration. Nevertheless, at present the issues
raised by these motions and/or appeals have not been finally
decided. If the motions or appeals are ultimately granted, they
would preclude class action treatment. Even if those appeals are
denied, the Company believes it has meritorious defenses against
these matters, including class certification. In addition, no
damages have been specified by the plaintiffs. Because of these
circumstances, no specific loss or range of loss can currently be
determined.
BB&T Corporation -- http://www.bbandt.com/-- operates as a
financial holding company for Branch Banking and Trust Company
that provides various banking and trust services for retail and
commercial clients. The company's deposit products include
noninterest-bearing checking accounts, interest-bearing checking
accounts, savings accounts, money market deposit accounts,
certificates of deposit, and individual retirement accounts. Its
loan products comprise commercial, financial, and agricultural
loans; real estate construction and land development loans; real
estate mortgage loans; and consumer loans. As of December 31,
2011, it operated 1,779 branch offices in North Carolina, South
Carolina, Virginia, Maryland, Georgia, West Virginia, Tennessee,
Kentucky, Alabama, Florida, Texas, Indiana, and Washington, D.C.
The company serves small and mid-size businesses, public agencies,
local governments, and individuals. BB&T Corporation was founded
in 1872 and is headquartered in Winston-Salem, North Carolina.
BIRMINGHAM, AL: Police Appeals Pepper Spray Class Action Ruling
---------------------------------------------------------------
Kent Faulk, writing for The Birmingham News, reports that
attorneys for Birmingham Police Chief A.C. Roper and a group of
police officers who serve at city high schools has appealed a
federal judge's recent ruling that granted class action status to
a lawsuit filed against them challenging their use of pepper spray
in schools.
"For a host of reasons, the order of class certification should be
vacated," attorneys for the city stated in the appeal filed Friday
with the U.S. 11th Circuit Court of Appeals in Atlanta.
The appeal challenge's U.S. District Court Judge Abdul Kallon's
Aug. 31 ruling that granted class action status to the 2010
federal lawsuit filed on behalf of students by the Southern
Poverty Law Center.
The class consists of all current and future high school students
of Birmingham City Schools. The questions to be answered on
behalf of that entire group, the judge ruled, is whether the
police department's policy in the use of pepper spray in schools
and the training provided to the school resource officers are
"constitutionally defective."
In its appeal, the city states that the plaintiffs -- the named
students who filed the lawsuit -- are not adequate representatives
of the class and lack standing because many of them are no longer
class members and because they cannot show a "real and substantial
likelihood that they will be harmed in the future."
The district court judge erred by certifying the class before
ruling on the city's motions for summary judgment to dismiss the
case based on qualified immunity from such lawsuits. The nature
of the students' excessive force claims and the officers'
qualified immunity claims "make this case particularly unsuited
for class certification," the appeal states.
BOK FINANCIAL: Awaits Approval of Overdraft Fee Suit Settlement
---------------------------------------------------------------
BOK Financial Corporation is awaiting court approval of a
settlement resolving litigation over overdraft fees, according to
the Company's August 7, 2012, Form 10-Q filing with the U.S.
Securities and Exchange Commission for the quarter ended June 30,
2012.
In 2010, the Company's bank subsidiary was named as a defendant in
three class actions alleging that the manner in which the bank
posted charges to its consumer deposit accounts was improper.
These actions were consolidated and settled on November 23, 2011,
in Multi-District Litigation pending in the United States District
Court for the Southern District of Florida. The settlement was
scheduled for approval by the Court on August 29, 2012. The
settlement amount of $19 million was paid to the plaintiff class
pending Court approval and had been fully accrued as of March 31,
2012.
BOK Financial Corporation -- http://www.bokf.com/-- a financial
holding company, offers a range of financial products and services
to commercial and industrial customers, and other financial
institutions and consumers. It operates in three segments:
Commercial Banking, Consumer Banking, and Wealth Management. The
Company was founded in 1910 and is headquartered in Tulsa,
Oklahoma.
BOSTON SCIENTIFIC: 1st Cir. Affirms Dismissal of Securities Suit
----------------------------------------------------------------
The U.S. Court of Appeals for the First Circuit affirmed in July
the dismissal of a securities class action lawsuit against Boston
Scientific Corporation, according to the Company's August 7, 2012,
Form 10-Q filing with the U.S. Securities and Exchange Commission
for the quarter ended June 30, 2012.
On April 9, 2010, the City of Roseville Employees' Retirement
System, individually and on behalf of purchasers of the Company's
securities during the period from April 20, 2009, to March 12,
2010, filed a purported securities class action lawsuit against
the Company and certain of its current and former officers in the
U.S. District Court for the District of Massachusetts. The
lawsuit alleges certain violations of the Securities Exchange Act
of 1934, as amended, claiming that the Company's stock price was
artificially inflated because the Company failed to disclose
certain matters with respect to its Cardiac Rhythm Management
(CRM) business, and seeks unspecified monetary damages. In July
2010, the District Court appointed KBC Asset Management NV and
Steelworkers Pension Trust as co-lead plaintiffs for the case. In
September 2010, the plaintiffs filed an amended class action
complaint narrowing the alleged class period from October 20, 2009
to February 10, 2010. In September 2011, the District Court
granted the Company's motion to dismiss the action, and on
July 12, 2012, the U.S. Court of Appeals for the First Circuit
issued its decision affirming the dismissal.
BOSTON SCIENTIFIC: Shareholder Class Suit Dismissed in June
-----------------------------------------------------------
The shareholder class action lawsuit initiated by Iron Workers
District Council Southern Ohio and Vicinity Pension Trust was
dismissed in June, according to Boston Scientific Corporation's
August 7, 2012 Form 10-Q filing with the U.S. Securities and
Exchange Commission for the quarter ended June 30, 2012.
On August 19, 2010, the Iron Workers District Council Southern
Ohio and Vicinity Pension Trust filed a putative shareholder
derivative class action lawsuit against the Company and its Board
of Directors in the U.S. District Court for the District of
Delaware. The allegations and remedies sought in the complaint
are largely the same as those in the original complaint filed by
the City of Roseville Employees' Retirement System on April 9,
2010. In October 2011, the District Court granted the Company's
motion to dismiss this action without prejudice to refile an
amended complaint and the plaintiffs filed a motion to stay the
proceedings to allow them to make discovery demands before filing
an amended complaint. On June 14, 2012, the District Court
dismissed this case with prejudice.
CARDINAL HEALTH: Judge Dismisses Antitrust Class Action
-------------------------------------------------------
Maria Chutchian, writing for Law360, reports that a California
federal judge last week threw out a radiopharmacy owner's putative
antitrust class action against Cardinal Health Inc. and GE
Healthcare Inc. over a distribution deal for cardiac imaging
agents, ruling its claims weren't specific enough.
In an order issued Sept. 10, U.S. District Judge Mariana R.
Pfaelzer dismissed PharmaRx Pharmaceutical's first amended
complaint without prejudice, ruling the radiopharmacy owner had
failed to plead its antitrust and conspiracy claims with enough
specificity.
CHIPOTLE MEXICAN: Sued in Colorado for Misleading Shareholders
--------------------------------------------------------------
Law Week Colorado reports that a Los Angeles attorney has filed a
class action against Chipotle Mexican Grill, accusing the Denver-
based fast-food chain of misleading shareholders about its
financial prospects.
The lawsuit, filed by Todd Garber in U.S. District Court in
Colorado, says that Chipotle did not disclose to investors that it
has been unable to offset rising food prices by raising its own
prices enough, putting a squeeze on profit margins; that demand
for its products is slowing because of the economy and increased
competition, making its projected earnings for 2012 seem
unrealistic; and that growth overall is slowing as it becomes a
mature company.
The lawsuit was filed on behalf of shareholders who bought common
stock in Chipotle between Feb. 1 and July 19 of this year.
CIBER INC: Bid to Dismiss "Weston" Securities Class Suit Pending
----------------------------------------------------------------
Ciber, Inc.'s motion to dismiss a securities class action lawsuit
captioned Weston v. Ciber, Inc. et al. remains pending, according
to the Company's August 7, 2012, Form 10-Q filing with the U.S.
Securities and Exchange Commission for the quarter ended June 30,
2012.
On October 28, 2011, a putative securities class action lawsuit,
Weston v. Ciber, Inc. et al., was filed in the United States
District Court for the District of Colorado against Ciber, its
current Chief Executive Officer David C. Peterschmidt, current
Executive Vice President and Chief Financial Officer ("CFO")
Claude J. Pumilia and former CFO Peter H. Cheesbrough (the "Class
Action"). The Class Action purports to have been filed on behalf
of all holders of Ciber common stock between December 15, 2010,
and August 3, 2011, by alleged stockholder and plaintiff, Burt
Weston. The Class Action generally alleges that defendants Ciber,
Mr. Peterschmidt, Mr. Pumilia and Mr. Cheesbrough (the "Class
Action Defendants") violated Section 10(b) of the Securities
Exchange Act of 1934 ("Exchange Act") and Securities and Exchange
Commission ("SEC") Rule 10b-5. Specifically, the complaint
alleges that the Class Action Defendants disseminated or approved
alleged false statements concerning the Company's outlook and
forecast for fiscal year 2011 in: (1) the Company's 8-K filed with
the SEC and press conference held with investors on December 15,
2010; (2) the Company's press release and earnings conference call
on February 22, 2011; (3) the Company's 10-K for fiscal year 2010
filed with the SEC on February 25, 2011; and (4) the Company's
press release, earnings conference call, and Form 10-Q for first
quarter 2011 filed with the SEC on May 3, 2011. The complaint
also generally alleges that the Class Action Defendants violated
Section 20(a) of the Exchange Act. Specifically, the complaint
alleges that the Class Action Defendants acted as controlling
persons of Ciber within the meaning of Section 20(a) of the
Exchange Act by reason of their positions with the Company. The
Class Action seeks, among other things: (1) an order from the
Court declaring the complaint to be a proper class action pursuant
to Rule 23 of the Federal Rules of Civil Procedure and certifying
plaintiff as a representative of the purported class; (2) awarding
plaintiff and the members of the class damages, including
interest; (3) awarding plaintiff reasonable costs and attorneys'
fees; and (4) awarding such other relief as the Court may deem
just and proper. The Court appointed Mr. Weston and City of
Roseville Employees' Retirement System as lead plaintiffs and the
law firms of Robbins, Geller Rudman & Dowd LLP and Robbins Umeda
LLP as lead plaintiffs' counsel on January 31, 2012. Lead
Plaintiffs filed an amended complaint in early April 2012. The
Class Action Defendants have filed a motion to dismiss, which is
currently pending.
The Company believes that the Class Action is without merit and
intends to defend against it vigorously. There can, however, be
no assurance of the outcome of these actions.
Ciber, Inc. -- http://www.ciber.com/-- together with its
subsidiaries, provides information technology (IT), business
consulting, and outsourcing services in North America, Europe, and
the Asia/Pacific. It offers its solutions to energy and
utilities, telecommunications, retail, healthcare, financial
services, entertainment, and manufacturing industries. The
Company was founded in 1974 and is headquartered in Greenwood
Village, Colorado.
CORVEL CORP: Seeks Dismissal of Claims Under "Williams" Suit Deal
-----------------------------------------------------------------
On March 25, 2011, George Raymond Williams, MD. ("Williams"), as
plaintiff, individually and on behalf of those similarly situated,
filed a First Amended and Restated Petition for Damages and Class
Certification in the 27th Judicial District Court, Parish of St.
Landry, Louisiana, against CorVel Corporation ("CorVel") and its
insurance carriers, Homeland Insurance Company of New York and
Executive Risk Specialty Insurance Company and several other
unrelated parties. Williams alleges that CorVel violated
Louisiana's Any Willing Provider Act (the "AWPA"), which requires
a payor accessing a preferred provider contract to give 30 days'
advance written notice or point of service notice in the form of a
benefit card before the payor accesses the discounted rates in the
contract to pay the provider for services rendered to an insured
under that payor's health benefit plan.
On March 31, 2011, CorVel entered into a Memorandum of
Understanding with attorneys representing the plaintiffs and the
class setting forth the terms of settlement of this class action
lawsuit. The Memorandum of Understanding provides that subject to
the execution of a mutually acceptable settlement agreement and
final non-appealable approval of such settlement by the Louisiana
state court, CorVel will pay $9 million to resolve claims for
which CorVel recorded a $9 million pre-tax charge to earnings
during the March 2011 quarter. In addition, CorVel will assign to
the class certain rights it has to the proceeds of CorVel's
insurance policies relating to the claims asserted by the class.
The class action arbitration filed with the American Arbitration
Association against CorVel in December 2006 by Southwest Louisiana
Hospital Association dba Lake Charles Memorial Hospital as
previously disclosed by CorVel is encompassed within the
settlement terms of the Memorandum of Understanding. Pursuant to
the Memorandum of Understanding, the parties have also agreed to
request that the appropriate courts stay all related proceedings
in State and Federal Court, as well as the Louisiana Office of
Workers Compensation and the arbitration proceeding before the
American Arbitration Association in which the parties are named,
until the settlement agreement is prepared, executed and receives
final court approval. The settlement does not constitute an
admission of liability.
On June 23, 2011, CorVel and class counsel executed a definitive
settlement agreement. The settlement agreement contains the same
terms and conditions as were set forth in the Memorandum of
Understanding. Accordingly, CorVel made a $9 million cash payment
into escrow on July 6, 2011. As set forth in the settlement
agreement, certain contingencies such as preliminary court
approval, resolutions of objections filed by class members
challenging the fairness of the settlement, class members excluded
from the settlement not exceeding a materiality threshold, and
final court approval, must be satisfied before the settlement can
become final.
On June 23, 2011, the 27th Judicial District Court for the Parish
of St. Landry, Louisiana granted preliminary approval of
settlement and set a deadline of October 16, 2011, for parties to
opt out of or object to the proposed settlement. Notice of the
settlement was given to Class Members. The Court gave final
approval of the settlement on November 4, 2011. No appeal has
been filed since that time, so the judgment became final on
January 17, 2012. CorVel has begun to move for dismissal of all
claims covered by the settlement in state and federal court.
No further updates were reported in the Company's August 7, 2012,
Form 10-Q filing with the U.S. Securities and Exchange Commission
for the quarter ended June 30, 2012.
In exchange for the settlement payment by CorVel, class members
will release CorVel and all of its affiliates and clients for any
claims relating in any way to re-pricing, payment for, or
reimbursement of a workers' compensation bill, including but not
limited to claims under the AWPA. Plaintiffs have also agreed to
a notice procedure that CorVel may follow in the future to comply
with the AWPA.
CORVEL CORP: "Roche" Suit Deal Final Report Expected in November
----------------------------------------------------------------
Final report and accounting with respect to CorVel Corporation's
settlement of the class action lawsuit commenced by Kathleen Roche
should be completed in November 2012, according to the Company's
August 7, 2012, Form 10-Q filing with the U.S. Securities and
Exchange Commission for the quarter ended June 30, 2012.
In February 2005, Kathleen Roche, D.C., as plaintiff, filed a
putative class action in Circuit Court for the 20th Judicial
District, St. Clair County, Illinois, against the Company. The
case sought unspecified damages based on the Company's alleged
failure to direct patients to medical providers who were members
of the CorVel CorCare PPO network and also alleged that the
Company used biased and arbitrary computer software to review
medical providers' bills. The Company denies that its conduct was
improper in any way and denied all liability. On October 29,
2010, the Company entered into a settlement agreement providing
for the payment of $2.1 million to class members and up to an
additional $700,000 for attorneys' fees and expenses, and as a
result the Company accrued $2.8 million of estimated liability for
this settlement agreement during the quarter ended
September 30, 2010. In exchange for the settlement payment by the
Company, class members consisting of Illinois medical providers
(excluding hospitals) have released the Company and all of its
affiliates for claims relating to any PPO or usual and customary
reductions recommended by the Company on class members' medical
bills. On January 21, 2011, the Circuit Court gave final approval
to the settlement and awarded class counsel $700,000 in attorneys'
fees and expenses. A modified final judgment approving the
settlement and addressing certain class notice issues was approved
on January 20, 2012; the modified judgment did not change the
financial terms of the settlement or the release. Final payments
were sent to class members on July 16, 2012, and the final report
and accounting to the Court should be completed in November 2012.
COVELLI ENTERPRISES: Class Action Settlement Gets Prelim. Approval
------------------------------------------------------------------
Rich Lord, writing for Pittsburgh Post-Gazette, reports that
around 200 to 300 current or former employees of Panera Bread
franchisee Covelli Enterprises stand to get payments under a class
action lawsuit settlement that won preliminary approval from a
federal judge at a hearing on Sept. 17.
The lawsuit brought in U.S. District Court by former Covelli
employee Guy Vines, of Castle Shannon, said that the company
relegated black employees to back-of-the-kitchen work and denied
them promotional opportunities.
Under the settlement, anyone who worked for Covelli's Panera
franchises from Jan. 11, 2008, through Jan. 11, 2012, for more
than one year, and applied for or wanted a promotion, can get
compensation for alleged lost opportunities. For each hour worked
after their first year, they can get 70 cents -- roughly what they
would have gotten through a one-level promotion.
Attorney Sam Cordes, who represents Mr. Vines and the class of
employees, told U.S. District Chief Judge Gary Lancaster that the
settlement terms will soon be published in newspapers in areas in
which Covelli franchises operate.
Judge Lancaster gave the settlement his initial nod, though he is
expected to hold a hearing to hear any objections from class
members.
Neither Mr. Cordes nor the attorney for Covelli would comment
after the hearing. Neither had an estimate of the costs to the
firm.
In addition to the payments to black employees, Mr. Vines would
get $10,000 and Mr. Cordes $66,000 under the settlement agreement.
Based in Warren, Ohio, Covelli has denied having discriminatory
practices and has said in court filings that it is settling to
avoid the costs and distractions of defending the case.
DEAN FOODS: Gets Final OK of Southeastern Dairy Farmers Suit Deal
-----------------------------------------------------------------
Dean Foods Company disclosed in its August 7, 2012, Form 10-Q
filing with the U.S. Securities and Exchange Commission for the
quarter ended June 30, 2012, that it received in June 2012 final
approval of its settlement of a class action lawsuit brought by
Southeastern dairy farmers.
The Company was named, along with several other defendants, in two
putative class action antitrust complaints filed on July 5, 2007.
The complaints were filed in the United States District Court for
the Middle District of Tennessee, Columbia Division, and allege
generally that the Company and others in the milk industry worked
together to limit the price Southeastern dairy farmers are paid
for their raw milk and to deny these farmers access to fluid Grade
A milk processing facilities. Four additional putative class
action complaints were filed in 2007 and 2008 in the United States
District Court for the Eastern District of Tennessee, Greeneville
Division. The allegations in these complaints are similar to
those in the dairy farmer actions. All six of the class actions
(collectively, the "dairy farmer actions") were consolidated and
were transferred to the Eastern District of Tennessee, Greeneville
Division. Class certification in the dairy farmer actions was
granted in September 2010.
On July 12, 2011, the Company entered into a settlement agreement
with the class plaintiffs in the dairy farmer actions. On
July 14, 2011, the United States District Court for the Eastern
District of Tennessee granted preliminary approval of the class-
wide settlement agreement and stayed the dairy farmer action with
respect to the Company. Under the proposed settlement agreement,
the Company agreed to pay a total of up to $140 million over a
period of four to five years into a fund for distribution to dairy
farmer class members in a number of Southeastern states.
On July 28, 2011, the Court issued an order partially decertifying
the dairy farmer plaintiff class with which the Company had
previously entered into the settlement agreement. The dairy
farmer plaintiffs that were decertified from the class are, or
were, members of the Dairy Farmers of America ("DFA") co-
operative. On August 1, 2011, the plaintiffs filed a motion
asking the Court to re-consider its decertification order. The
Court denied that motion on August 19, 2011. In order to pursue a
final and certain resolution consistent with the terms of the
settlement agreement, the Company filed a motion with the Court on
August 5, 2011, to vacate preliminary approval of the settlement
agreement, defer associated deadlines related to the settlement,
and clarify the role of class counsel in light of the Court's
decertification order. The motion was granted by the Court and a
Memorandum Opinion was issued on August 31, 2011. In the
Memorandum Opinion, the Court stated that it would take the motion
for preliminary approval of the settlement under advisement
pending appointment of separate counsel and class representatives
for the decertified DFA subclass.
In a separate order entered on October 5, 2011, the Court
appointed separate interim counsel for the DFA subclass, and set
preliminary deadlines for newly designated interim counsel to
submit any motion for certification of a DFA subclass for
settlement purposes and any motion to preliminarily approve the
July 12, 2011 settlement agreement. On December 27, 2011, interim
counsel for the putative DFA member subclass filed a motion to
certify the DFA subclass for settlement purposes and to reinstate
preliminary approval of the July 12, 2011 settlement agreement.
Dean responded to the motion on January 17, 2012, and did not
oppose the motion. On February 14, 2012, the Court granted
preliminary approval of the settlement agreement, and on June 15,
2012, the Court issued a ruling granting final approval of the
settlement agreement. Per the terms of the settlement agreement,
on February 21, 2012, the Company made a payment of $60 million
into an escrow account to be distributed following the Court's
final approval, and issued a standby letter of credit in the
amount of $80 million to support subsequent payments due under the
agreement. The settlement agreement requires the Company to make
a payment of up to $20 million on each of the following four
anniversaries of the settlement agreement's final approval date.
The Company expects to make the first installment payment in June
2013.
In the second quarter of 2011, the Company recorded a $131.3
million charge and a corresponding liability for the present value
of the Company's obligations under the original settlement
agreement, based on imputed interest computed at a rate of 4.77%,
which approximates the Company's like-term incremental fixed rate
borrowing cost.
Dean Foods Company -- http://www.deanfoods.com/-- operates as a
food and beverage company in the United States. The Company
operates in three segments: Fresh Dairy Direct, WhiteWave-Alpro,
and Morningstar. The Company was formerly known as Suiza Foods
Corporation and changed its name to Dean Foods Company in 2001 as
a result of merger between the former Dean Foods Company and Suiza
Foods Corporation. Dean Foods Company was founded in 1925 and is
headquartered in Dallas, Texas.
DEAN FOODS: Two Antitrust Suits Remain Pending in Tennessee
-----------------------------------------------------------
Two antitrust class action lawsuits against Dean Foods Company
remain pending in Tennessee, according to the Company's August 7,
2012, Form 10-Q filing with the U.S. Securities and Exchange
Commission for the quarter ended June 30, 2012.
A putative class action antitrust complaint (the "retailer
action") was filed on August 9, 2007, in the United States
District Court for the Eastern District of Tennessee. Plaintiffs
allege generally that the Company, either acting alone or in
conjunction with others in the milk industry who are also
defendants in the retailer action, lessened competition in the
Southeastern United States for the sale of processed fluid Grade A
milk to retail outlets and other customers, and that the
defendants' conduct also artificially inflated wholesale prices
for direct milk purchasers. Defendants' motion for summary
judgment in the retailer action was granted in part and denied in
part in August 2010. Defendants filed a motion for
reconsideration on September 10, 2010, and filed a supplemental
motion for summary judgment as to the remaining claims on
September 27, 2010. On March 27, 2012, the Court granted summary
judgment in favor of defendants as to all remaining counts, and
entered judgment in favor of all defendants, including the
Company. Plaintiffs filed a notice of appeal on April 25, 2012.
On May 30, 2012, the Company participated in a scheduling
conference and mediation conducted by the appeals court. The
mediation did not result in a settlement agreement. The Company
expects the appeals court to issue a briefing schedule in the very
near future.
On June 29, 2009, another putative class action lawsuit was filed
in the Eastern District of Tennessee, Greeneville Division, on
behalf of indirect purchasers of processed fluid Grade A milk (the
"indirect purchaser action"). The allegations in this complaint
are similar to those in the retailer action, but primarily involve
state law claims. Because the allegations in the indirect
purchaser action substantially overlap with the allegations in the
retailer action, the Court granted the parties' joint motion to
stay all proceedings in the indirect purchaser action pending the
outcome of the summary judgment motions in the retailer action.
At this time, the stay remains in effect.
Dean Foods Company -- http://www.deanfoods.com/-- operates as a
food and beverage company in the United States. The Company
operates in three segments: Fresh Dairy Direct, WhiteWave-Alpro,
and Morningstar. The Company was formerly known as Suiza Foods
Corporation and changed its name to Dean Foods Company in 2001 as
a result of merger between the former Dean Foods Company and Suiza
Foods Corporation. Dean Foods Company was founded in 1925 and is
headquartered in Dallas, Texas.
FRESHLINE/CAITO FOODS: Recalls Expired Fresh-Cut Mango Products
---------------------------------------------------------------
In cooperation with the FDA's warning to not consume mangoes from
Agricola Daniella, FreshLine/Caito Foods Service of Indianapolis,
Indiana, is initiating a voluntary recall of a limited quantity of
expired products that contain fresh-cut mangoes and are
distributed to retail supermarkets due to the potential risk that
the mangoes may contain Salmonella. This is associated with
FoodSource's (Edinburg, TX) recall of mangoes sourced from
Agricola Daniella. The FDA has placed Agricola Daniella on the
Import Alert Listing.
There have been no reported illnesses attributed to the items
listed in this recall. Salmonella is an organism which can cause
serious and sometimes fatal infections in young children, frail or
elderly people, and others with weakened immune systems. Healthy
persons infected with Salmonella often experience fever, diarrhea
(which may be bloody), nausea, vomiting and abdominal pain. In
rare circumstances, infection with Salmonella can result in the
organism getting into the bloodstream and producing more severe
illnesses such as arterial infections (i.e., infected aneurysms),
endocarditis and arthritis.
FreshLine has directly notified all retailers who have received
the recalled product and has directed them to remove affected
product(s) from their store shelves. Product is packaged in clear
plastic containers (cups, bowls, tubs, and clamshell type
containers). Consumers who may have purchased affected products
with the listed code dates on the attached chart should not
consume them and should destroy or discard it. Consumers with
questions may contact the company at 1-800-428-8078, Monday
through Friday, except on holidays, from 8:00 a.m. to 5:00 p.m.
Eastern Standard Time.
* The affected products will have printed code dates ranging
from 08/04/12 to 09/16/12. These code dates are clearly
printed on the top or bottom label of each individual
package.
* Affected products, brands, and states are provided in the
recalled product list.
* The affected products were processed by FreshLine between
July 26, 2012, and September 6, 2012, and may contain
Agricola Daniella mangoes from FoodSource.
---------------------------------------------------------------
Brand: Delish!
Plant code P-003
---------------------------------------------------------------
Pack Included
Product Size Code Date Range States
------- ---- --------------- --------
Tropical Medley 10oz Enjoy by: 08/04/12 IL, IN, MI
UPC: 0.49022-53699.9 - 09/16/12
Mango Spears 5oz Enjoy by: 08/04/12 IL, IN, MI
UPC: 0.49022-53700.2 - 09/16/12
Pineapple, Mango, 5oz Enjoy by: 08/04/12 IL, IN, MI
& Cantaloupe Spears - 09/16/12
UPC: 0.49022-53701.9
Fruit Burst 10oz Enjoy by: 08/04/12 IL, IN, MI
UPC: 0.49022-55862.5 - 09/16/12
Mango Spears 1 lb Enjoy by: 08/04/12 IL, IN, MI
UPC: 0.49022-58823.3 - 09/16/12
Mango & BerryMix 10oz Enjoy by: 08/04/12 IL, IN, MI
UPC: 0.49022-63779.5 - 09/16/12
---------------------------------------------------------------
Brand: Garden Highway
Plant code P-003
---------------------------------------------------------------
Pack Included
Product Size Code Date Range States
------- ---- --------------- --------
Mango Spears 1.5lbs Best if Sold by: IL
UPC: 8.26766-21406.8 08/04/12 - 09/16/12
Mango Medley 10oz Best if Sold by: IL, KY, MO,
UPC: 8.26766-21433.4 08/04/12 - 09/16/12 OH
Fruit Burst 10oz Best if Sold by: IL, KY, MO,
UPC: 8.26766-24106.4 08/04/12 - 09/16/12 OH
Fresh Fruit Burst 1 lb Best if Sold by: IL, IN, KY,
UPC: 8.26766-24107.1 08/04/12 - 09/16/12 MI, OH, WI
Fresh Fruit Burst 2 lbs Best if Sold by: IL, IN, KY,
8.26766-24109.5 08/04/12 - 09/16/12 MI, OH, WI
Mango Spears 2 lbs Best if Sold by: IN, MI, OH
UPC: 8.26766-25580.1 08/04/12 - 09/16/12
Mango Medley 10oz Best if Sold by: OH, PA, WV
UPC: 8.26766-26010.2 08/04/12 - 09/16/12
Tropical Medley 1 lb Best if Sold by: IL, IN, KY,
UPC: 8.26766-26848.1 08/04/12 - 09/16/12 MI, OH, WI
Mango Spears 1 lb Best if Sold by: IL, IN, KY,
UPC: 8.26766-26849.8 08/04/12 - 09/16/12 MI, OH, WI
Tropical Salsa 8oz Best if Sold by: OH, PA, WV
UPC: 8.26766-42195.4 08/04/12 - 09/16/12
Mango Salsa 7oz Best if Sold by: OH, PA, WV
UPC: 8.26766-42208.1 08/04/12 - 09/16/12
Watermelon Mango 10oz Best if Sold by: IL, KY, MO,
Medley 08/04/12 - 09/16/12 OH
UPC: 8.26766-24062. 3
---------------------------------------------------------------
Brand: Generic Label
Sold at Kroger
Plant code P-003
---------------------------------------------------------------
Pack Included
Product Size Code Date Range States
------- ---- --------------- --------
Mango Spears 1 lb Best if Sold by: IL, IN, KY,
UPC: 8.26766-88058.4 08/04/12 - 09/16/12 TN
---------------------------------------------------------------
Brand: Generic Label
Sold at Wal-Mart Stores
Plant code P-003
---------------------------------------------------------------
Pack Included
Product Size Code Date Range States
------- ---- --------------- --------
Fruit Burst 3 lbs Best if Sold by: IL, IN, KY,
UPC: 8.26766-22545.3 08/04/12 - 09/16/12 LA, MI, OH,
TX, WV
Seasonal Blend 1 lb Best if Sold by: IL, IN, KY,
UPC: 8.26766-25534.4 08/04/12 - 09/16/12 LA, MI, OH,
TX, WV
Fruit Burst 1 lb Best if Sold by: IL, IN, KY,
UPC: 8.26766-25552.8 08/04/12 - 09/16/12 LA, MI, OH,
TX, WV
Seasonal Blend 2 lbs Best if Sold by: IL, IN, KY,
UPC: 8.26766-26805.4 08/04/12 - 09/16/12 LA, MI, OH,
TX, WV
Fruit Tray 1 lb Best if Sold by: IL, IN, KY,
UPC: 8.26766-25588.7 14oz 08/04/12 - 09/16/12 LA, MI, OH,
TX, WV
---------------------------------------------------------------
Brand: Nice
Sold at Walgreen's
---------------------------------------------------------------
Pack Included
Product Size Code Date Range States
------- ---- --------------- --------
Fruit Mango Single 6 ct. Enjoy by: 08/04/12 IL, IN, MI
UPC: 0.4902252988.5 - 09/14/12
---------------------------------------------------------------
Brand: Signature Cafe
Sold at Dominick's
Plant code GHMW
---------------------------------------------------------------
Pack Included
Product Size Code Date Range States
------- ---- --------------- --------
Fruit Basket Medley 30oz USE BY: AUG 04 12 IL
UPC: 21130-06918 (1 lb - SEP 16 12
14oz)
---------------------------------------------------------------
Brand: Trader Joe's
Plant code P-003
---------------------------------------------------------------
Pack Included
Product Size Code Date Range States
------- ---- --------------- --------
Tropical Fruit 1 lb Best by: 08/04/12 FL, GA, IA,
Medley - 09/16/12 IL, IN, KS,
UPC: 00949361 KY, MI, MN, MO,
NC, NE, OH, SC,
TN, Southern VA, WI
Pictures of the recalled products' labels are available at:
http://www.fda.gov/downloads/Safety/Recalls/UCM319873.pdf
GENERAL MILLS: UCL Claim Trial Set to Begin on December 4
---------------------------------------------------------
Robbins Geller Rudman & Dowd, LLP on Sept. 17 issue a statement
regarding the Yo-Plus(R) brand yogurt class action in California.
LEGAL NOTICE
The lawsuit is called Johnson v. General Mills, Inc., Case No. 10-
00061, and is in the United States District Court for the Central
District of California. On April 20, 2011, the Court entered an
order certifying a class action under the California's Unfair
Competition Law ("UCL"), Cal. Bus. & Prof. Code Secs. 17200, et
seq., California's Consumers Legal Remedies Act ("CLRA"), Cal.
Civ. Code Sec. 1770, et seq. The Court defined the class as
"[A]ll persons who purchased YoPlus in the State of California
from the date YoPlus was first sold in California to the date
notice is first provided to the Class."
What is this case about? The lawsuit claims that General Mills
falsely advertises its Yo-Plus brand of yogurt. The lawsuit
claims that General Mills advertised that Yo-Plus yogurt provides
digestive health benefits that ordinary yogurt does not, and that
this claim is untrue. The lawsuit seeks the return of money to
the purchasers and a court order prohibiting the advertising.
General Mills denies it did anything wrong and says its Yo-Plus
advertising was truthful. For more information go to
http://www.gcginc.com/cases/yoplus-class-actionor call 1-800-449-
4900.
The Court has not decided whether the Class or General Mills is
right. The attorneys for the Class will have to prove their claim
under the UCL at a trial, which is set to begin on December 4,
2012.
What is this notice about? During March and April, 2012, a Court-
approved Notice was published, advising class members of a June 5,
2012 trial on Plaintiff's UCL and CLRA class claims. On August
27, 2012, the Court decided that certification of Plaintiff's
claim under the CLRA was improper and ordered that the case
proceed as a class action only on Plaintiff's UCL claim.
How does this affect me? Because the case will no longer proceed
as a class action for relief under the CLRA claim, your time for
pursuing claims under the CLRA may be limited.
The time period, or statute of limitations, for filing a CLRA
claim is three (3) years. These time limitations are strictly
enforced by the courts and you should consult your own attorney
for how the statute of limitations period would apply to your
individual CLRA claim. Class counsel (Robbins Geller Rudman &
Dowd, LLP, and Blood Hurst & O'Reardon, LLP) will no longer
represent you with respect to that claim.
If you do not wish to pursue an individual claim for relief under
the CLRA, you do not have to do anything. If you wish to pursue a
claim for relief under the CLRA, you have two options.
(1) You may "exclude" yourself from this class action lawsuit. If
you exclude yourself from this lawsuit then Class counsel (Robbins
Geller Rudman & Dowd, LLP, and Blood Hurst & O'Reardon, LLP) will
no longer represent you with respect to any claim.
(2) Alternatively, you may be able to pursue a separate,
individual CLRA claim without excluding yourself from the class
action lawsuit. If you want to pursue a separate, individual
claim under the CLRA, you should consult an attorney.
If you stay in the Class, you will be legally bound by all orders
and judgments of the Court. If money or benefits are obtained,
you will be notified about how to request it. To stay in the
Class, you do not have to do anything now.
How do I request exclusion from the Class? If you ask to be
excluded from the Class, you cannot get any money or benefits from
this lawsuit if any are awarded, but you will keep any existing
rights to sue General Mills for these claims and will not be bound
by any orders or judgments of the Court. To ask to be excluded,
send a letter to: Yo-Plus(R) Project Administration, c/o The
Garden City Group, Inc., P.O. Box 9763, Dublin, OH 43017-5663,
postmarked by November 28, 2012, that says you want to be excluded
from the Johnson v. General Mills, Inc., Case No. 10-00061, class
action. Include your name, address, and telephone number.
GOOGLE INC: Federal Appeals Court Delays Book Scanning Suit
-----------------------------------------------------------
Chad Bray, writing for The Wall Street Journal, reports that a
federal appeals court on Sept. 17 again delayed a long-running
lawsuit against Google Inc. over its efforts to electronically
scan millions of books from public and university libraries in
order to make them available online.
The case was put on hold on Sept. 17 so that the U.S. Second
Circuit Court of Appeals can consider Google's appeal of a federal
judge's ruling in May granting class-action certification, meaning
the authors no longer had to sue Google individually.
The Authors Guild, an association representing writers, sued
Google in 2005 over its scanning of books for online distribution
via Google Books.
Google declined to comment on Sept. 17. The Authors Guild didn't
immediately respond to a request for comment on Sept. 17.
Google, which scanned some 20 million books, claims it was trying
to create an "electronic card catalog," which would help the
public in locating books in libraries and increase the visibility
of some books. Google said it would only provide snippets of
books online under the fair use provision of U.S. copyright law.
In May, Judge Denny Chin in New York granted class-action
certification, allowing the authors to sue as a group. Google had
previously argued the claims needed to be brought individually by
each author, given the varying circumstances of book ownership.
Last year, the judge rejected a revised $125 million deal to
resolve lawsuits by the Authors Guild and a publishers group over
Google's scanning, saying the pact would give Google the ability
to "exploit" books without the permission of copyright owners.
Since his decision in March 2011, the case has moved forward
towards a trial.
According to paidContent.org's Jeff John Roberts, the proceedings
began in 2005 when the Authors Guild filed a copyright suit over
Google's decision to scan the world's books. The lawsuit was on
hold for several years as the parties tried to get court approval
for a settlement that would have created a market for the books.
The settlement failed, however, and the Authors Guild resumed
legal action last December. The Guild is seeking $750 per book,
but only a relatively small number of authors would qualify.
The Sept. 17 decision means that the overall case will be on hold
for several months. If the appeals court upholds the
certification order, it will likely return the case to Judge Chin
(who is now on the Second Circuit too) with detailed instructions
about how to proceed.
The big issue in the case now is whether or not Google's scanning
constituted "fair use," which is a defense against copyright
infringement. Several scholarly and librarian groups have
intervened in Google's favor in the hopes that the massive digital
collection can be used for research purposes.
Meanwhile, a parallel case is playing out between the Authors
Guild and the Hathi Trust, a coalition of universities that has
collected copies of Google's book scans. If that case is resolved
first, it is likely to determine the fate of the Google Books
class action.
H&M HENNES: Recalls 2,900 Kids' Water Bottles Due to Choking Risk
-----------------------------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
H&M Hennes & Mauritz, New York, announced a voluntary recall of
about 2,900 Children's Water Bottles. Consumers should stop using
recalled products immediately unless otherwise instructed. It is
illegal to resell or attempt to resell a recalled consumer
product.
The water bottle's spout can break off, posing a choking hazard to
children.
H&M has received one report of an incident in England of the water
bottle spout breaking off in a child's mouth as the child was
drinking from the bottle. No injuries have been reported.
The 16 oz. water bottles are pink plastic with a crackle design or
blue plastic. The bottles have flip-top lids in coordinated pink
and blue colors. "H&M Sweden" and "www.hm.com" are embossed on
the bottom of the bottle. The recalled products were manufactured
in June 2012. The water bottle contains the manufacture date in
an embossed date clock on the bottom of the bottle. The inner
circle on the clock contains the number 12 with an arrow between
the two numbers. The arrow points at the number 6 in an outer
circle of numbers. Pictures of the recalled products are
available at:
http://www.cpsc.gov/cpscpub/prerel/prhtml12/12279.html
The recalled products were manufactured in Italy and sold
exclusively at H&M stores with children's departments nationwide
from July 2012 through August 2012 for about $5.
Consumers should immediately stop using the water bottle and
return it to H&M for a full refund. For additional information,
contact H&M toll-free at (855) 466-7467 or visit the firm's recall
page on its Web site at http://www.hm.com/
HIGHMARK: Seeks Dismissal of Insurance Premium Hike Class Action
----------------------------------------------------------------
Rich Lord, writing for Pittsburgh Post-Gazette, reports that
Highmark on Sept. 17 asked a federal judge to dismiss a class
action lawsuit that said it conspired with UPMC to raise insurance
premiums.
The lawsuit was filed in 2010 by Royal Mile Co., a Whitehall-based
real estate firm, against the region's biggest insurer and biggest
hospital system. Recent court filings have suggested that Royal
Mile was discussing settlement with Highmark.
Highmark in a motion filed on Sept. 17 wrote that its rates were
approved by the Pennsylvania Insurance Department, so no one who
paid them can recover damages.
Royal Mile's lawsuit is one of several related to the local health
care and health insurance market.
West Penn Allegheny Health System is suing UPMC, saying it
unfairly sought to stifle competition. UPMC is suing Highmark
saying that the insurer conspired with West Penn Allegheny to
siphon off market share.
U.S. District Judge Joy Flowers Conti is adjudicating the cases.
INCREDIBLE SCENTS: Sued Over False Claims on "Silent Snooz"
------------------------------------------------------------
Joe Harris at Courthouse News Service reports that the "Silent
Snooz" nasal septum ring does not reduce snoring or aid sleep as
advertised, a class action claims in state court.
Named plaintiff Justin Swires sued Glen Cove, N.Y.-based
Incredible Scents Inc., in St. Clair County Court.
"Defendant's medical efficacy assertions about Silent Snooz are
false," the complaint states. "(T)he product does not reduce the
frequency of snoring; it has not been the subject of a reliable
clinical test to reduce snoring; nor is it patented to reduce
snoring, promote freer breathing, open nasal passages, or
facilitate nasal breathing."
Mr. Swires says he bought the contraption at a Walgreen's
pharmacy, which is not a party to the complaint.
He seeks an injunction and class damages for consumer law
violations, breach of warranty and unjust enrichment.
A copy of the Complaint in Swires v. Incredible Scents, Inc., Case
No. 12-L-453 (Ill. Cir. Ct., St. Clair Cty.), is available at:
http://www.courthousenews.com/2012/09/18/Snooze.pdf
The Plaintiff is represented by:
Brian T. Kreisler, Esq.
THE KREISLER LAW FIRM, LLC
P.O. Box 1353
O'Fallon, IL 62269
Telephone: (618) 589-2165
E-mail: brian@kreislerlawfirm.com
- and -
Michael R. Reese, Esq.
REESE RICHMAN LLP
875 Avenue of the Americas, 18th Floor
New York, NY 10001
Telephone: (212) 643-0500
E-mail: mreese@reesericman.com
LIVE NATION: Faces Class Action Over Paperless Ticketing System
---------------------------------------------------------------
TicketNews reports that a recent class action lawsuit, filed
September 10, 2012 in the United States District Court in New
York, alleges that Live Nation and Ticketmaster violated New York
state law by offering solely paperless ticketing. The suit,
brought in relation to tickets purchased for a Swedish House Mafia
event on December 16, 2011, seeks damages from Live Nation for
countless consumers who purchased tickets to numerous events in
New York.
The suit claims that Ticketmaster and Live Nation violated the
Arts and Cultural Affairs Law of New York (ACAL). By employing a
paperless ticketing system for New York events, Live Nation and
Ticketmaster violated ACAL because the system did not provide the
consumer with either "an option to purchase paperless tickets that
the consumer could transfer at any price, and at any time, and
without additional fees" or "an option at the time of initial sale
to purchase the same tickets in some other form that is
transferrable."
The plaintiff in the suit says that Live Nation/Ticketmaster did
not provide him with these options. He was told that he was only
able to pick up his ticket, which cost him $89.75, at the Will
Call Office on the night of the show, that only he was able to
pick up the ticket, and that "there will be no refunds issued if
you are unable to attend." He was not able to purchase any other
form of ticket.
Any resident of New York, New Jersey, or Connecticut who purchased
tickets to specific New York events between July 2, 2010 and
January 26, 2012 might be eligible for damages, if the case is
decided against Live Nation/Ticketmaster. The plaintiff is
seeking damages of at least $50 for each violation.
NEVADA: Seeks Approval of Kosher Prison Meal Settlement
-------------------------------------------------------
Cy Ryan, writing for Las Vegas Sun, reports that the state is
moving forward to settle a class action lawsuit demanding that
kosher meals be provided in Nevada prisons for Jewish inmates.
But some Jewish inmates are objecting to the settlement. Kosher
food is now available at all prisons and, an estimated 280 inmates
are taking advantage of the meals.
The state Board of Examiners on Sept. 11 approved a $387,310
contract to use Scroll K/Vaad Hakashrus, a nonprofit group, to
provide koshering of kitchens and ongoing rabbinical supervision
of kosher food preparation for prisoners.
The Scroll of Denver, Colo., is a consultant to the Colorado
Department of Corrections, helping develop a menu and visiting
prisons to monitor the program.
More than 45 prisoners, however, have lodged objections to the
proposed settlement, including that the kosher diet does not
measure up to the main diet served in the prisons.
The complaints say the diet does not meet nutritional standards,
and one points out that there is no kosher pizza. They also said
there isn't any assurance the kosher meals would continue.
But Jacob Hafter, the Las Vegas lawyer who brought the suit, is
urging the federal court to approve the settlement. He said there
isn't any evidence of discriminatory intent by the state.
Deputy Attorney General Micheline Fairbanks, who handled the case
for the state, could not be reached for comment.
The kosher diet prohibits pork and shellfish, and eating meat with
dairy is taboo.
A hearing is set for Oct. 11 in federal court in Las Vegas to
consider the complaints brought by inmates and whether to approve
the proposed settlement.
NEWELL RUBBERMAID: Continues to Defend Product Liability Suits
--------------------------------------------------------------
Newell Rubbermaid Inc. is currently a party to two purported state
class actions and one purported national Canadian class action.
The cases include allegations that a certain model car seat sold
by an affiliate of the Company did not satisfy all requisite
government safety standards. The Company is vigorously defending
all three actions.
No further updates were reported in the Company's August 7, 2012,
Form 10-Q filing with the U.S. Securities and Exchange Commission
for the quarter ended June 30, 2012.
Founded in 1903 and headquartered in Atlanta, Georgia, Newell
Rubbermaid Inc. -- http://www.newellrubbermaid.com-- designs,
manufactures, and markets consumer and commercial products. It
operates in three segments: Home & Family, Office Products, and
Tools, Hardware & Commercial Products.
OFFICE DEPOT: Securities Class Action Suit Closed in July
---------------------------------------------------------
The securities class action lawsuit against Office Depot, Inc. was
dismissed in July 2012, according to the Company's August 7, 2012,
Form 10-Q filing with the U.S. Securities and Exchange Commission
for the quarter ended June 30, 2012.
On April 6, 2011, a putative class action lawsuit was filed
against the company and certain current and former executive
officers alleging violations of the Securities Exchange Act of
1934 and seeking damages, fees, costs and equitable relief. The
allegations made in this lawsuit primarily relate to the Company's
previous financial disclosures and reports regarding the certain
tax losses. The lawsuit was filed in the United States District
Court for the Southern District of Florida captioned as Climo v.
Office Depot, Inc, Steve Odland, Michael D. Newman and Neil R.
Austrian. The Court granted a request by the Central Laborers'
Pension Fund ("CLPF") to appoint it as lead plaintiff in the case
and the CLPF filed its amended complaint on September 6, 2011.
The company filed a motion to dismiss the Complaint in November
2011. On May 24, 2012, the Court granted Office Depot's motion to
dismiss, allowing the plaintiff 20 days to file a second amended
complaint, which it did not do.
On July 31, 2012, the Court closed the case because of the
plaintiff's failure to file a second amended complaint in a timely
manner.
Office Depot, Inc. -- http://wwww.officedepot.com/-- together
with its subsidiaries, supplies office products and services. Its
North American Retail division sells an assortment of merchandise,
such as general office supplies, computer supplies, business
machines and related supplies, and office furniture under various
labels, including Office Depot, Viking Office Products, Foray, and
Ativa through its chain of office supply stores. It also provides
printing, reproduction, mailing, shipping, and other services, as
well as personal computer support and network installation
service. The Company was founded in 1986 and is headquartered in
Boca Raton, Florida.
OPPENHEIMER HOLDINGS: Quincy Retirement Board Joins Class Action
----------------------------------------------------------------
Jack Encarnacao, writing for The Patriot Ledger, reports that
Quincy's retirement board has joined Brockton's in a class-action
lawsuit that seeks to get back millions of dollars invested in a
private equity fund that is under investigation for allegedly
misrepresenting the value of one of its key holdings.
The Quincy Retirement Board invested $7 million of employee and
city retirement contributions in the Oppenheimer Global Resource
Private Equity Fund.
Both the state and the U.S. attorneys general have sought
information about the fund from its New York-based parent company,
Oppenheimer Holdings Inc., which holds about $76 billion in assets
throughout the United States and Latin America.
According to the lawsuit, filed in March by Boston firm Block and
Leviton LLP, Brockton and Quincy represent "hundreds" of investors
in the Oppenheimer fund.
The plaintiffs seek a return of their investments plus damages,
and have demanded a jury trial. A lawyer for Oppenheimer filed a
motion Aug. 31 asking that the lawsuit be dismissed. A U.S.
District Court judge is reviewing the motion.
An attorney for the plaintiffs, Jeffrey Block, did not return a
call for comment. Quincy Retirement Board director Edward
Masterson said he was not authorized to speak about the suit, but
said the board will not incur any expense in agreeing to be part
of it.
"The Quincy Retirement Board is not spending any money on this
case," he said. "The attorneys have taken it on a contingency
basis. They only get paid if they win, and it's out of the
proceeds of the settlement."
Quincy's retirement board, which manages a total $280 million in
investments, joined the suit two months after it was filed on
behalf of the Brockton Retirement Board, which invested $5 million
in the Oppenheimer fund. Brockton's retirement board also this
year sued search engine company Google, in which it invested
$500,000, for issuing a class of stock that carries no voting
rights.
The lawsuit alleges Oppenheimer improperly valued its investments,
misled investors as to the performance of its fund and lacked
adequate internal and financial controls.
Specifically, the suit alleges Oppenheimer inflated the value of
its shares in Cartesian, a fund into which nearly half of the
capital raised by investors like Quincy and Brockton was invested.
Cartesian's sole assets are shares in an investment fund called
Fondul, which was founded by the Romanian government in 2005 to
compensate citizens whose property was unlawfully seized by that
country's former Communist government.
PACKAGING CORP: Continues to Defend Containerboard Class Suit
-------------------------------------------------------------
During September and October 2010, Packaging Corporation of
America and eight other U.S. and Canadian containerboard producers
were named as defendants in five purported class action lawsuits
filed in the United States District Court for the Northern
District of Illinois, alleging violations of the Sherman Act. The
lawsuits have been consolidated in a single complaint under the
caption Kleen Products LLC v Packaging Corp. of America et al.
The consolidated complaint alleges that the defendants conspired
to limit the supply of containerboard, and that the purpose and
effect of the alleged conspiracy was to artificially increase
prices of containerboard products during the period of August 2005
to the time of filing of the complaints. The complaint was filed
as a purported class action lawsuit on behalf of all purchasers of
containerboard products during such period. The complaint seeks
treble damages and costs, including attorney's fees. The
defendants' motions to dismiss the complaint were denied by the
court in April 2011. PCA believes the allegations are without
merit and will defend this lawsuit vigorously. However, as the
lawsuit is in the early stages of discovery, PCA is unable to
predict the ultimate outcome or estimate a range of reasonably
possible losses.
No further updates were reported in the Company's August 7, 2012,
Form 10-Q filing with the U.S. Securities and Exchange Commission
for the quarter ended June 30, 2012.
PANTRY INC: Dispositive Motions in Suits Over Fuel Temp. Pending
----------------------------------------------------------------
The Pantry, Inc.'s dispositive motions filed in class action
lawsuits over fuel temperature are still pending, according to the
Company's August 7, 2012, Form 10-Q filing with the U.S.
Securities and Exchange Commission for the quarter ended June 28,
2012.
Since the beginning of fiscal 2007, over 45 class action lawsuits
have been filed in federal courts across the country against
numerous companies in the petroleum industry. Major petroleum
companies and significant retailers in the industry have been
named as defendants in these lawsuits. Initially, the Company was
named as a defendant in eight of these cases, three of which have
been dismissed without prejudice. The Company remains as a
defendant in five cases: one in North Carolina (Neese, et al. v.
Abercrombie Oil Company, Inc., et al., E.D.N.C., No. 5:07-cv-
00091-FL, filed 3/7/07); one in Alabama (Cook, et al. v. Chevron
USA, Inc., et al., N.D. Ala., No. 2:07-cv-750-WKW-CSC, filed
8/22/07); one in Georgia (Rutherford, et al. v. Murphy Oil USA,
Inc., et al., No. 4:07-cv-00113-HLM, filed 6/5/07); one in
Tennessee (Shields, et al. v. RaceTrac Petroleum, Inc., et al.,
No. 1:07-cv-00169, filed 7/13/07); and one in South Carolina
(Korleski v. BP Corporation North America, Inc., et al., D.S.C.,
No 6:07-cv-03218-MDL, filed 9/24/07). Pursuant to an Order
entered by the Joint Panel on Multi-District Litigation, all of
the cases, including those in which the Company was named, have
been transferred to the United States District Court for the
District of Kansas and consolidated for all pre-trial proceedings.
The plaintiffs in the lawsuits generally allege that they are
retail purchasers who received less motor fuel than the defendants
agreed to deliver because the defendants measured the amount of
motor fuel they delivered in non-temperature adjusted gallons
which, at higher temperatures, contain less energy. Plaintiffs
more recently have focused on the allegation that the sale of fuel
by the statutorily-required gallon is inherently deceptive absent
temperature disclosures. These cases seek, among other relief, an
order requiring the defendants to install temperature adjusting
equipment on their retail motor fuel dispensing devices. In
certain of the cases, including some of the cases in which the
Company named, plaintiffs also have alleged that because
defendants pay fuel taxes based on temperature adjusted 60 degree
gallons, but allegedly collect taxes from consumers on non-
temperature adjusted gallons, defendants receive a greater amount
of tax from consumers than they paid on the same gallon of fuel.
The plaintiffs in these cases seek, among other relief, recovery
of excess taxes paid and punitive damages. Both types of cases
seek compensatory damages, injunctive relief, attorneys' fees and
costs, and prejudgment interest.
The defendants filed motions to dismiss all cases for failure to
state a claim, which were denied by the court on February 21,
2008. A number of the defendants, including the Company,
subsequently moved to dismiss for lack of subject matter
jurisdiction or, in the alternative, for summary judgment on the
grounds that plaintiffs' claims constitute non-justiciable
"political questions." The Court denied the defendants' motion to
dismiss on political question grounds on December 3, 2009, and
defendants request to appeal that decision to the United States
Court of Appeals for the Tenth Circuit was denied on August 31,
2010.
In May 2010, in a lawsuit ("Kansas case") in which the Company was
not a party, the Court granted class certification to Kansas fuel
purchasers seeking implementation of automated temperature
controls and/or certain disclosures, but deferred ruling on any
class for damages. Defendants sought permission to appeal that
decision to the Tenth Circuit in June 2010, and that request was
denied on August 31, 2010. On November 12, 2011, Defendants in
the Kansas case filed a motion to decertify the Kansas classes in
light of a new favorable United States Supreme Court decision. On
January 19, 2012, the Judge denied the Defendants' motion to
decertify and granted the Plaintiffs' motion to certify a class as
to liability and injunctive relief aspects of Plaintiffs' claims.
The court has continued to deny certification of a damages class.
Multiple claims in the Kansas case have been dismissed voluntarily
by the plaintiffs or dismissed by the Court, including unjust
enrichment, misrepresentation and civil conspiracy. The Kansas
case was set for trial in August 2012. The Company has filed
dispositive motions in each of the cases in which it has been
sued.
At this stage of proceedings, the Company says it cannot estimate
its ultimate loss or liability, if any, related to these lawsuits
because there are a number of unknown facts and unresolved legal
issues that will impact the amount of any potential liability,
including, without limitation: (i) whether defendants are
required, or even permitted under federal and/or state law, to
sell temperature adjusted gallons of motor fuel and/or disclose
the temperature of the fuel; (ii) the amounts, price and actual
temperature of fuel purchased by plaintiffs; and (iii) whether or
not class certification is proper in cases to which the Company is
a party. An unfavorable outcome in this litigation could have a
material effect on the Company's business, financial condition,
results of operations, and cash flows.
The Pantry, Inc. -- http://www.pantry.com/-- operates a chain of
convenience stores in the southeastern United States. The
Company's stores offer a selection of merchandise, fuel, and
ancillary products and services. Its merchandise products include
cigarettes, grocery and other tobacco products, packaged
beverages, beer, and wine. The Company operates stores under
various selected banners, which primarily include Kangaroo
Express. The Company was founded in 1967 and is headquartered in
Cary, North Carolina.
PANTRY INC: Continues to Defend Amended "Amason" Class Action
-------------------------------------------------------------
The Pantry, Inc. continues to defend itself against an amended
class action lawsuit captioned Patrick Amason v. Kangaroo Express
and The Pantry, Inc., according to the Company's August 7, 2012,
Form 10-Q filing with the U.S. Securities and Exchange Commission
for the quarter ended June 28, 2012.
On October 19, 2009, Patrick Amason, on behalf of himself and a
putative class of similarly situated individuals, filed a lawsuit
against The Pantry in the United States District Court for the
Northern District of Alabama, Western Division (Patrick Amason v.
Kangaroo Express and The Pantry, Inc. No. CV-09-P-2117-W). On
September 9, 2010, a first amended complaint was filed adding
Enger McConnell on behalf of herself and a putative class of
similarly situated individuals. The plaintiffs seek class action
status and allege that The Pantry included more information than
is permitted on electronically printed credit and debit card
receipts in willful violation of the Fair and Accurate Credit
Transactions Act, codified at 15 U.S.C. Section 1681c(g). The
amended complaint alleges that: (i) plaintiff Patrick Amason seeks
to represent a subclass of those class members as to whom the
Company printed receipts containing the first four and last four
digits of their credit and/or debit card numbers; and (ii)
Plaintiff Enger McConnell seeks to represent a subclass of those
class members as to whom the Company printed receipts containing
all digits of their credit and/or debit card numbers. The
plaintiffs seek an award of statutory damages of $100 to $1,000
for each alleged willful violation of the statute, as well as
attorneys' fees, costs, punitive damages and a permanent
injunction against the alleged unlawful practice. On July 25,
2011, the court denied plaintiffs' initial motion for class
certification but granted the plaintiffs the right to file an
amended motion. On October 3, 2011, Plaintiff filed an amended
motion for class certification seeking to certify two classes. The
first purported class, represented by Mr. Amason, consists of (A)
all natural persons whose credit and/or debit card was used at an
in-store point of sale owned or operated by the Company from June
4, 2009, through the date of the final judgment in the action, (B)
where the transaction was in a company store located in the State
of Alabama; and (C) in connection with the transaction, a receipt
was printed by Retalix software containing the first four and last
four digits of the credit/debit card number on the receipt
provided to the customer. The second purported class, represented
by Ms. McConnell, consists of (A) all natural persons whose credit
and/or debit card was used at an in-store point of sale owned or
operated by the Company from
June 1, 2009, through the date of the final judgment in the
action, and (B) in connection with the transaction, a receipt was
printed containing all of the digits of the credit/debit card
numbers on the receipt provided to the customer. The Company
opposed the motion for class certification, and also filed a
motion to dismiss the plaintiffs' claims on the basis that the
plaintiffs lack standing or alternatively to stay the case until
the Supreme Court of the United States rules in First American
Financial Corp. v. Edwards (the "Edwards case"), another case
involving a standing issue.
On January 19, 2012, the Court issued an order staying the case
until a decision is issued in the Edwards case, and subsequently
administratively terminated plaintiffs' motion for class
certification, subject to plaintiffs' right to refile the motion
after the stay is removed. On June 28, 2012, the Supreme Court of
the United States dismissed the writ of certiorari in the Edwards
case as having been improvidently granted, an action that has no
precedential effect on the Company's case. The parties filed a
Joint Report to the Court on July 10, 2012, requesting that
plaintiffs' Renewed Motion for Class Certification and the
Company's Motion to Dismiss for Lack of Standing be deemed
refiled.
At this stage of the proceedings, the Company says it cannot
reasonably estimate its ultimate loss or liability, if any,
related to this lawsuit because there are a number of unknown
facts and unresolved legal issues that will impact the amount of
the Company's potential liability, including, without limitation:
(i) whether the plaintiffs have standing to assert their claims;
(ii) whether a class or classes will be certified; (iii) if a
class or classes are certified, the identity and number of the
putative class members; and (iv) if a class or classes are
certified, the resolution of certain unresolved statutory
interpretation issues that may impact the size of the putative
class(es) and whether or not the plaintiffs are entitled to
statutory damages. An unfavorable outcome in this litigation
could have a material effect on the Company's business, financial
condition, results of operations and cash flows.
The Pantry, Inc. -- http://www.pantry.com/-- operates a chain of
convenience stores in the southeastern United States. The
Company's stores offer a selection of merchandise, fuel, and
ancillary products and services. Its merchandise products include
cigarettes, grocery and other tobacco products, packaged
beverages, beer, and wine. The Company operates stores under
various selected banners, which primarily include Kangaroo
Express. The Company was founded in 1967 and is headquartered in
Cary, North Carolina.
PEREGRINE FINANCIAL: Officials Face Another Class Action Suit
-------------------------------------------------------------
Victor Epstein, writing for DesMoinesRegister.com, reports that
yet another class action lawsuit has been filed against Russell
Wasendorf and other top executives at the defunct Peregrine
Financial Group, the Cedar Falls-based futures and commodities
brokerage that collapsed in July after more than $200 million was
found missing from customer funds.
A group of victims that includes a financial services firm based
in the United Kingdom's Channel Islands called Willow Trustees
Limited became at least the sixth group of former Peregrine
customers to seek class status with their complaint on Sept. 14.
Another class-action lawsuit has been filed on behalf of Peregrine
employees.
Class action lawsuits seek federal certification so that they can
sue both on behalf of their named plaintiffs and all other persons
and firms in similar straits.
The Sept. 14 filing by Willow, et al. came just ahead of a key
hearing in Cedar Rapids federal court on Sept. 17, where
Magistrate Jon Scoles was expected to approve a plea agreement
between Wasendorf and prosecutors. Judge Scoles was expected to
release the 64-year-old, who faces as much as 50 years in prison
under the deal, pending his sentencing for mail fraud, embezzling
customer funds and lying to regulators.
Federal prosecutors filed a motion appealing that release decision
on Sept. 17.
Mr. Wasendorf has been in police custody since a botched suicide
attempt on July 9 set the implosion of Peregrine in motion. About
24,000 Peregrine customers have had their accounts frozen, along
with roughly 800 introducing brokers. More than 200 employees
have lost their jobs.
PFIZER INC: Ex-Wyeth Shareholders Obtain Class Certification
------------------------------------------------------------
Jonathan Stempel, writing for Reuters, reports that a federal
judge has granted class-action status to former Wyeth Inc.
shareholders who accused the company, now part of Pfizer Inc., of
misleading them about risks associated with the antidepressant
Pristiq.
The decision issued on Sept. 18 by U.S. District Judge Richard
Sullivan in Manhattan is a victory for shareholders led by the
Pipefitters Union Local 537 Pension Fund in Boston.
It lets shareholders sue the largest U.S. drugmaker by revenue as
a group rather than individually, which could lead to larger
recoveries while lowering costs.
Christopher Loder, a Pfizer spokesman, said the company will
continue to vigorously defend itself in the case.
Wyeth shares lost more than $7.6 billion of market value on July
24, 2007 after the company said the U.S. Food and Drug
Administration would not approve Pristiq to treat "hot flashes" in
post-menopausal women until it received information about
potential serious heart and liver problems associated with use of
the drug.
Shareholders said Wyeth should have revealed adverse effects
associated with Pristiq sooner, and that its failure to do so
caused its stock price to be inflated during the June 26, 2006 to
July 24, 2007 class period. Pfizer bought Wyeth in 2009.
Pristiq generated $309 million of sales from January to June for
New York-based Pfizer, falling short of the "multi-billion dollar
potential" that Wyeth Chief Executive Robert Essner had in October
2006 said the drug might have.
Analysts once hoped the drug, whose chemical name is
desvenlafaxine, could generate more than $2 billion of annual
sales, and help Wyeth withstand the 2010 loss of patent protection
for its anti-depression drug Effexor.
Mr. Essner and several other former Wyeth officials are also
defendants in the case.
Judge Sullivan said the shareholders had shown they had relied on
Wyeth's alleged misrepresentations, and considered Pristiq
particularly important to Wyeth's overall business.
"Under the facts currently before it, including Wyeth's drug
pipeline and the looming expiration of patents concerning other
Wyeth drugs, the court concludes that the plaintiffs have
sufficiently demonstrated the materiality of the allegedly omitted
information," Judge Sullivan wrote.
Laurie Largent and David Rosenfeld, lawyers for the plaintiffs,
did not immediately respond to requests for comment.
The case, which has a Michigan retirement system as the named
plaintiff, is City of Livonia Employees' Retirement System v.
Wyeth et al, U.S. District Court, Southern District of New York,
No. 07-10329.
PORTLAND GENERAL: Electric Service Customers Suits in Abatement
---------------------------------------------------------------
Two class action lawsuits filed by electric service customers
against Portland General Electric Company remains abated,
according to the Company's August 7, 2012, Form 10-Q filing with
the U.S. Securities and Exchange Commission for the quarter ended
June 30, 2012.
In two separate legal proceedings, lawsuits were filed in Marion
County Circuit Court against PGE in 2003 on behalf of two classes
of electric service customers. The class action lawsuits seek
damages of $260 million, plus interest, as a result of the
Company's inclusion, in prices charged to customers, of a return
on its investment in Trojan Nuclear Plant.
In 2006, the Oregon Supreme Court issued a ruling ordering the
abatement of the class action proceedings until the Public Utility
Commission of Oregon (OPUC) responded to a 2002 order. The Oregon
Supreme Court concluded that the OPUC has primary jurisdiction to
determine what, if any, remedy it can offer to PGE customers,
through price reductions or refunds, for any amount of return on
the Trojan investment the Company collected in prices for the
period from April 1, 1995, through October 1, 2000.
The Oregon Supreme Court further stated that if the OPUC
determined that it can provide a remedy to PGE's customers, then
the class action proceedings may become moot in whole or in part.
The Oregon Supreme Court added that, if the OPUC determined that
it cannot provide a remedy, the court system may have a role to
play. The Oregon Supreme Court also ruled that the plaintiffs
retain the right to return to the Marion County Circuit Court for
disposition of whatever issues remain unresolved from the remanded
OPUC proceedings. The Marion County Circuit Court subsequently
abated the class actions in response to the ruling of the Oregon
Supreme Court.
Because the matter involves unsettled legal theories and have a
broad range of potential outcomes, the Company's management cannot
estimate a range of potential loss. However, management believes
that these matters will not have a material impact on the
financial condition of the Company, but may have a material impact
on the results of operations and cash flows in future reporting
periods.
SOTHEBYS: Plaintiffs Appeal Dismissal of Suit Over Royalties
------------------------------------------------------------
Plaintiffs appealed the dismissal of their class action lawsuit
against a subsidiary of Sotheby's, according to the Company's
August 7, 2012, Form 10-Q filing with the U.S. Securities and
Exchange Commission for the quarter ended June 30, 2012.
Estate of Robert Graham, et al. v. Sotheby's, Inc. is a purported
class action commenced in the U.S. District Court for the Central
District of California in October 2011 on behalf of U.S. artists
(and their estates) whose artworks were sold by Sotheby's in the
State of California or at auction by California sellers and for
which a royalty was allegedly due under the California Resale
Royalties Act (the "Resale Royalties Act"). Plaintiffs seek
unspecified damages, punitive damages and injunctive relief for
alleged violations of the Resale Royalties Act and the California
Unfair Competition Law. In January 2012, Sotheby's filed a motion
to dismiss the action on the grounds, among others, that the
Resale Royalties Act violates the United States Constitution and
is pre-empted by the United States Copyright Act of 1976. In
February 2012, the plaintiffs filed their response to Sotheby's
motion to dismiss. The court heard oral arguments on the motion
to dismiss on March 12, 2012. On May 17, 2012, the court issued
an order dismissing the action on the ground that the Resale
Royalties Act violated the Commerce Clause of the U.S.
Constitution. The plaintiffs have appealed this ruling.
The Company says it is currently not possible to make an estimate
of the amount or range of loss that could result from an
unfavorable outcome of this matter. Sotheby's believes that there
are meritorious defenses to the appeal.
STERLING FINANCIAL: Partial Dismissal OK'd in Overdraft Fee Suit
----------------------------------------------------------------
A partial motion to dismiss was granted in one of two class action
lawsuits over overdraft fees against Sterling Financial
Corporation, according to the Company's August 7, 2012, Form 10-Q
filing with the U.S. Securities and Exchange Commission for the
quarter ended June 30, 2012.
On March 22, 2012, Sterling and its subsidiary, Sterling Savings
Bank, were named as defendants in a purported class action lawsuit
filed by a Washington customer of Sterling Savings Bank in King
County, Washington, Superior Court, and on May 25, 2012, Sterling
Savings Bank was named a defendant in a similar purported class
action lawsuit filed on behalf of a customer in the U.S. District
Court of Oregon. These lawsuits challenge the manner in which
overdraft fees were charged and the disclosures related to posting
order of debit card and ATM transactions, and allege claims for
breach of contract, breach of the covenant of good faith and fair
dealing, unconscionability, conversion, unjust enrichment, and a
violation of state consumer protection laws. The two lawsuits
encompass claims on behalf of Sterling Savings Bank customers from
the five states in which Sterling Savings Bank presently conducts
business. No class has been certified in either lawsuit and there
are significant uncertainties involved in any purported class
action litigation. On August 1, 2012, a partial motion to dismiss
brought by Sterling in the Washington case was granted, dismissing
plaintiffs' claims for unconscionability, conversion, and unjust
enrichment.
Sterling says it intends to vigorously defend the lawsuits.
Failure by Sterling Savings Bank to obtain a favorable resolution
of the claims set forth in the complaints could have a material
adverse effect on its business, results of operations and
financial condition. Currently, a loss resulting from these
claims is not considered probable or reasonably estimable in
amount.
Spokane, Washington-based Sterling Financial Corporation --
http://www.sterlingfinancialcorporation-spokane.com/-- is a bank
holding company, organized under the laws of Washington State in
1992. The principal subsidiaries of Sterling are Sterling Savings
Bank and Golf Savings Bank. Subsequent to June 30, 2010, Golf
Savings Bank was merged with and into Sterling Savings Bank, with
the mortgage banking operations of Golf Savings Bank continuing to
operate as a division of Sterling Savings Bank.
STERLING SAVINGS: Ex-Loan Officers File Overtime Class Action
-------------------------------------------------------------
Brent Hunsberger, writing for The Oregonian, reports that two
former Sterling Savings Bank loan officers in Medford have filed a
class-action lawsuit alleging they were improperly denied overtime
and had work fees from their paychecks.
Micah and David DuBeau claim Spokane-based Sterling and a bank it
acquired in 2010, Golf Savings Bank, violated federal and Oregon
wage-and-hour laws, according to a complaint filed in U.S.
District Court in Eugene.
The brothers say the banks improperly classified them as exempt
from receiving overtime, even though their work didn't meet the
legal definition of an exempt employee, the lawsuit claims.
They also say the banks illegally deducted costs of doing business
such as credit report fees, appraisal fees, "Rapid Rescore" fees,
credit supplement fees and pre-tax expenses.
The DuBeaus first went to work for Golf in April 2010. Sterling
acquired Golf in August 2010. They worked at Sterling until May,
though Micah DuBeau left for about six months in 2011.
They seek to certify the lawsuit as a class-action representing
loan officers who've worked for the banks in Oregon for the past
six years and nationwide for the past three years. Rowdy Meeks,
an attorney in Kansas City representing the DuBeaus, estimates the
lawsuit could cover 1,000 people.
Sterling, a subsidiary of Sterling Financial Corp., operates 189
branches in in five states, including Oregon and Washington.
SUTTER HEALTH: Faces Antitrust Class Action in California
---------------------------------------------------------
Courthouse News Service reports that Sutter Health conspired to
monopolize the health-care market in Northern California,
according to a federal antitrust class action.
A copy of the Complaint in Sidibe v. Sutter Health, et al., Case
No. 12-cv-04854 (N.D. Calif.), is available at:
http://www.courthousenews.com/2012/09/18/HospAntiT.pdf
The Plaintiff is represented by:
Azra Z. Mehdi, Esq.
THE MEHDI FIRM
One Market
Spear Tower, Suite 3600
San Francisco, CA 94105
Telephone: (415) 293-8039
E-mail: azram@themehdifirm.com
SYNGENTA CROP: Judge Tosses Atrazine Settlement Objection
---------------------------------------------------------
Bethany Krajelis, writing for The Madison St. Clair Record,
reports that the recently-filed objection to the proposed $105
million settlement over atrazine has been thrown out.
U.S. District Judge Phil Gilbert late last week issued a
memorandum and order over the objection California attorney
Darrell Palmer filed earlier this month on behalf of Public Water
Supply District 1 of Clinton County, Mo., and the Nocona Water
Department in Texas.
In his clients' objection, Mr. Palmer called the request for
attorneys' fees -- nearly $35 million -- excessive and claimed
that one of his clients never received notice of the proposed
settlement.
St. Louis attorney Stephen Tillery, who represents the plaintiffs
in the 2010 class action lawsuit against Syngenta AG and Syngenta
Crop Protection, countered Mr. Palmer's claims and dubbed him a
serial objector in his firm's response to the objection.
Mr. Tillery's response also stressed that even if Mr. Palmer's
objection had merit, it was filed too late.
Under the proposed settlement, claimants had until Aug. 28 to
object and records show that Mr. Palmer signed the objection on
Aug. 28, mailed it on Sept. 4 and electronically filed it on Sept.
6.
Relying on the fact that Mr. Palmer electronically filed the
objection nine days after the deadline, Judge Gilbert struck down
the objection and denied Mr. Palmer's request for pro hac vice
admission.
Noting the allegation by Mr. Tillery's firm that Mr. Palmer files
"meritless objections to extract payment in exchange for dismissal
of [his] frivolous claims," Judge Gilbert wrote that he "has not
had the occasion to review whether the objections filed in this
case are part of such an effort because the objections were not
timely filed."
"Had the objections filed by Palmer been timely, the Court may
have granted him pro hac vice admission and addressed any
frivolous objections using Rule 11 sanctions," Judge Gilbert said.
"However, the objections were untimely and have been stricken.
Palmer's admission would serve no purpose in this case."
Pursuant to his decision, Judge Gilbert ordered the clerk of the
court to terminate Mr. Palmers' two clients as objectors and to
refund his $100 pro hac vice admission fee.
Mr. Palmer's objection was the only one electronically filed,
which means the proposed settlement will likely face next month's
final fairness hearing without opposition.
An update on the atrazine settlement Web site stated that "[s]ome
class members have expressed an interest in attending the final
fairness hearing to speak in support of the settlement."
A handful of attorneys last month submitted declarations in
support of the proposed attorneys' fees, which would not exceed
one-third of the settlement fund.
If approved, attorneys at Mr. Tillery's firm and fellow class
counsel at Baron & Budd in Texas would share more than $30 million
in attorneys' fees. They also requested an additional $8.4
million in litigation costs and expenses.
The update further noted that "Response to the settlement has been
overwhelmingly positive, and we are currently in the process of
validating the more than 1,000 claims received."
The deadline to file claims was Aug. 28. Attorneys on both sides
have previously estimated that the settlement would resolve claims
of about 1,800 water providers.
The update on the settlement Web site explained that once claims
are validated, claimants will be notified of their claim's status.
If a claim is denied, the party will be notified as to why and if
approved, will find out the percentage of the settlement they will
received.
"Finally, we will file a motion for final approval of the
settlement that among other things will ask the Court to approve
our validation of claims and calculation of each approved
claimant's percentage of the settlement proceeds," the update on
the Web site states.
The final fairness hearing over the proposed settlement is set
before Judge Gilbert on Oct. 22 in Benton.
In 2010, Mr. Tillery filed a class action suit in federal court
against the Syngenta defendants and on behalf of the city of
Greenville and several other water providers in six Midwestern
states.
The plaintiffs contend that atrazine ran off farm fields and into
their water supplies, forcing them to incur expenses related to
the testing, monitoring and filtering of their water.
TECUMSEH PRODUCTS: Continues to Defend Suits Over Compressor
------------------------------------------------------------
Tecumseh Products Company continues to defend itself against class
action lawsuits arising from an antitrust investigation in the
compressor industry, according to the Company's August 7, 2012,
Form 10-Q filing with the U.S. Securities and Exchange Commission
for the quarter ended June 30, 2012.
On February 17, 2009, the Company received a subpoena from the
United States Department of Justice Antitrust Division ("DOJ") and
a formal request for information from the Secretariat of Economic
Law of the Ministry of Justice of Brazil ("SDE") related to
investigations by these authorities into possible anti-competitive
pricing arrangements among certain manufacturers in the compressor
industry. The European Commission began an investigation of the
industry on the same day.
The Company is cooperating fully with these investigations. In
addition, the Company has entered into a conditional amnesty
agreement with the DOJ under the Antitrust Division's Corporate
Leniency Policy. Pursuant to the agreement, the DOJ has agreed to
not bring any criminal prosecution or impose any monetary fines
with respect to the investigation against the Company as long as
it, among other things, continues its full cooperation in the
investigation. The Company has received similar conditional
immunity from the European Commission and the SDE, and have
received or requested immunity or leniency from competition
authorities in other jurisdictions. On December 7, 2011, the
European Commission announced it had reached a cartel settlement
under which certain of the Company's competitors received fines
for the conduct investigated. As a result of the Company's
conditional immunity, it was not assessed any fine.
While the Company has taken steps to avoid fines, penalties and
other sanctions as the result of proceedings brought by regulatory
authorities, the amnesty grants do not extend to civil actions
brought by private plaintiffs. The public disclosure of these
investigations has resulted in class action lawsuits filed in
Canada and numerous class action lawsuits filed in the United
States, including by both direct and indirect purchaser groups.
All of the U.S. actions have been transferred to the U.S. District
Court for the Eastern District of Michigan for coordinated or
consolidated pretrial proceedings under Multidistrict Litigation
("MDL") procedures.
On June 24, 2010, Tecumseh Products Company, Tecumseh Compressor
Company, Tecumseh do Brasil, Ltda, and Tecumseh do Brasil U.S.A.
LLC entered into a settlement agreement with the direct-purchaser
plaintiffs (the "Settlement Agreement") to resolve claims in the
action in order to avoid the costs and distraction of this ongoing
class action litigation. The Settlement Agreement was made by and
between the Company and its subsidiaries and affiliates, and
plaintiffs, both individually and on behalf of a class of persons
who purchased in the United States, its territories and
possessions, directly from a defendant during the period from
January 1, 2004, through December 31, 2008: (a) compressors of
less than one horsepower used for refrigeration, freezing or
cooling purposes, and/or (b) refrigeration products, including
condensers, containing compressors of less than one horsepower
used for refrigeration, freezing or cooling purposes (the "Covered
Products"). Compressors used for air-conditioning applications
are specifically excluded from both the scope of the case and the
Settlement Agreement.
Under the terms of the Settlement Agreement, in exchange for
plaintiffs' full release of all U.S. direct-purchaser claims
against the Company relating to the Covered Products, the Company
agreed to pay a settlement amount of $7.0 million and, in
addition, agreed to pay up to $250,000 for notice and
administrative costs associated with administering the settlement.
These costs were accrued as an expense in the second quarter ended
June 30, 2010, in the line item captioned "Impairments,
restructuring charges, and other items". On
June 13, 2011, the Court issued an order denying without prejudice
a motion for preliminary approval of the Company's proposed
settlement with the direct purchaser plaintiffs because the time
frame and products covered by the proposed settlement class were
inconsistent with the Court's rulings of the same date granting,
in part, a motion by the other defendants to dismiss claims by the
direct purchaser plaintiffs. As a result of these Court rulings,
both the Company and the direct purchaser plaintiffs have the
option to rescind the Settlement Agreement, in which case the
settlement amount will be returned to the Company. Alternatively,
the Company and the direct purchaser plaintiffs may agree to amend
the Settlement Agreement to be consistent with the Court's rulings
on the motion to dismiss.
The direct purchaser plaintiffs filed an amended complaint to
reflect the Court's rulings on the motion to dismiss, and also
requested leave to further amend that complaint to cover a broader
scope of products. On June 7, 2012, the court resolved the scope
of the direct purchaser claims allowing them to cover fractional
compressors, or compressors of less than one horsepower, used for
refrigeration purposes (but excluding those used for air
conditioning) purchased from February 25, 2005, to December 31,
2008. As a result, the direct purchaser plaintiffs have filed a
Second Amended Master Complaint to reflect the court's rulings on
the motion to dismiss.
For the remaining indirect purchaser class actions in the United
States, a consolidated amended complaint was filed on June 30,
2010, and the Company filed a motion to dismiss the indirect
purchaser class action on August 30, 2010. On June 7, 2012, the
court partially granted a motion to dismiss the consolidated
amended complaint with regard to claims for purchasers in several
states in which the complaint identified no named plaintiff.
Supplemental briefs on the remaining issues raised in motions to
dismiss were due on July 20, 2012, and responses were due in
August 2012. In Canada, the class actions are still in a
preliminary stage.
TECUMSEH PRODUCTS: Still Defends Canadian Horsepower Label Suits
----------------------------------------------------------------
Tecumseh Products Company continues to defend itself against class
action lawsuits over horsepower labels in Canada, according to the
Company's August 7, 2012, Form 10-Q filing with the U.S.
Securities and Exchange Commission for the quarter ended June 30,
2012.
On March 19, 2010, Robert Foster and Murray Davenport filed a
lawsuit under the Class Proceedings Act in the Ontario Superior
Court of Justice against the Company and several other defendants
(including Sears Canada Inc., Sears Holdings Corporation, John
Deere Limited, Platinum Equity, LLC, Briggs & Stratton
Corporation, Kawasaki Motors Corp., USA, MTD Products Inc., The
Toro Company, American Honda Motor Co., Electrolux Home Products,
Inc., Husqvarna Consumer Outdoor Products N.A., Inc. and Kohler
Co.), alleging that defendants conspired to fix prices of
lawnmowers and lawn mower engines in Canada, to lessen competition
in lawnmowers and lawn mower engines in Canada, and to mislabel
the horsepower of lawnmower engines and lawnmowers in violation of
the Canadian Competition Act, civil conspiracy prohibitions and
the Consumer Packaging and Labeling Act. Plaintiffs seek to
represent a class of all persons in Canada who purchased, for
their own use and not for resale, a lawnmower containing a gas
combustible engine of 30 horsepower or less provided that either
the lawnmower or the engine contained within the lawnmower was
manufactured and/or sold by a defendant or their predecessors
between January 1, 1994, and the date of judgment. Plaintiffs
seek undetermined money damages, punitive damages, interest, costs
and equitable relief. In addition, Snowstorm Acquisition
Corporation and Platinum Equity, LLC, the purchasers of Tecumseh
Power Company and its subsidiaries and Motoco a.s. in November
2007, have notified the Company that they claim indemnification
with respect to this lawsuit under the Company's Stock Purchase
Agreement with them.
At this time, the Company does not have a reasonable estimate of
the amount of its ultimate liability, if any, or the amount of any
potential future settlement, but the amount could be material to
its financial position, consolidated results of operations and
cash flows.
On May 3, 2010, a class action was commenced in the Superior Court
of the Province of Quebec by Eric Liverman and Sidney Vadish
against the Company and several other defendants advancing
allegations similar to the Foster case. Plaintiffs seek
undetermined money damages, punitive damages, interest, costs, and
equitable relief. As stated in the Foster case, Snowstorm
Acquisition Corporation and Platinum Equity, LLC, the purchasers
of Tecumseh Power Company and its subsidiaries and Motoco a.s. in
November 2007, have notified the Company that they claim
indemnification with respect to this lawsuit under its Stock
Purchase Agreement with them.
At this time, the Company does not have a reasonable estimate of
the amount of its ultimate liability, if any, or the amount of any
potential future settlement, but the amount could be material to
its financial position, consolidated results of operations and
cash flows.
TENET HEALTHCARE: Appeal in "Doe" Class Suit Remains Pending
------------------------------------------------------------
Tenet Healthcare Corporation's appeal from the trial court's
denial of its motion to decertify as a class action the proceeding
initiated by Doe, et al., remains pending, according to the
Company's August 7, 2012, Form 10-Q filing with the U.S.
Securities and Exchange Commission for the quarter ended June 30,
2012.
The Company is a defendant in a class action lawsuit in which the
plaintiffs claim that in April 1996, patient identifying records
from a psychiatric hospital that the Company closed in 1995 were
temporarily placed in an unsecure location while the hospital was
undergoing renovations. The lawsuit, Doe, et al. v. Jo Ellen
Smith Medical Foundation, was filed in the Civil District Court
for the Parish of Orleans in Louisiana in March 1997 and is
currently pending. The plaintiffs' claims include allegations of
tortious invasion of privacy and negligent infliction of emotional
distress. The plaintiffs contend that the class consists of
approximately 5,000 persons; however, only eight individuals have
been identified to date in the class certification process. The
plaintiffs have asserted each member of the class is entitled to
common damages under a theory of presumed "common damage"
regardless of whether or not any members of the class were
actually harmed or even aware of the incident. The Company
believes there is no authority for an award of common damages
under Louisiana law. In addition, the Company believes that there
is no basis for the certification of this proceeding as a class
action under applicable federal and Louisiana law precedents.
However, the trial court has denied the Company's motions for
summary judgment and its motion to decertify the class.
In March 2012, the Louisiana Supreme Court denied the Company's
interlocutory appeal of the trial court's decision on summary
judgment based on procedural grounds, noting that the Company
retains an adequate remedy to appeal any adverse judgment that
might be rendered by the trial court. In April 2012, the Company
filed a notice of appeal of the trial court's denial of its motion
to decertify the proceeding as a class action. The notice of
appeal was granted, and the trial has been stayed pending the
outcome of the appeal.
At this time, the Company says it is not able to estimate the
reasonably possible loss or reasonably possible range of loss
given: the small number of class members that have been identified
or otherwise responded to the class certification process; the
novel theories asserted by plaintiffs, including their assertion
that a theory of presumed common damage exists under Louisiana
law; uncertainties as to the timing and outcome of the appeals
process; and the failure of the plaintiffs to provide any evidence
of damages. The Company intends to vigorously contest the
plaintiffs' claims.
About Tenet Healthcare
Dallas, Texas-based Tenet Healthcare Corporation (NYSE: THC) --
http://www.tenethealth.com/-- is a health care services company
whose subsidiaries and affiliates own and operate acute care
hospitals, ambulatory surgery centers and diagnostic imaging
centers.
TENET HEALTHCARE: Awaits Decision in Wage and Hour Class Suits
--------------------------------------------------------------
Tenet Healthcare Corporation is awaiting a court decision in
connection with its supplemental brief arguing that the court of
appeals should reaffirm its decision upholding the lower court's
denial of class certification in the wage and hour lawsuits
pending in California, according to the Company's August 7, 2012,
Form 10-Q filing with the U.S. Securities and Exchange Commission
for the quarter ended June 30, 2012.
The Company is a defendant in two coordinated lawsuits in Los
Angeles Superior Court alleging that its hospitals violated
certain provisions of California's labor laws and applicable wage
and hour regulations. The cases are: McDonough, et al. v. Tenet
Healthcare Corporation (which was filed in June 2003) and Tien, et
al. v. Tenet Healthcare Corporation (which was filed in May 2004).
The plaintiffs seek back pay, statutory penalties, interest and
attorneys' fees. The plaintiffs' requests for class certification
were denied in the lower court, and the appellate court affirmed
the lower court's ruling. The California Supreme Court granted
the plaintiffs' petition for review of the lower court's ruling,
but deferred further action in the matter pending its decision in
a similar case, which was subsequently issued in April 2012. In
light of its ruling in that case, on June 20, 2012, the California
Supreme Court transferred the Tien/McDonough cases back to the
court of appeal with directions to vacate its decision and
reconsider the cause. The Company has filed a supplemental brief
arguing that the court of appeal should reaffirm its decision
upholding the lower court's denial of class certification. Based
on available information, the Company continues to believe at this
time that the ultimate resolution of these matters will not have a
material adverse effect on its business, financial condition,
results of operations or cash flows.
About Tenet Healthcare
Dallas, Texas-based Tenet Healthcare Corporation (NYSE: THC) --
http://www.tenethealth.com/-- is a health care services company
whose subsidiaries and affiliates own and operate acute care
hospitals, ambulatory surgery centers and diagnostic imaging
centers.
TENET HEALTHCARE: To Submit "Dunn" Suit Settlement This Month
-------------------------------------------------------------
Tenet Healthcare Corporation disclosed in its August 7, 2012, Form
10-Q filing with the U.S. Securities and Exchange Commission for
the quarter ended June 30, 2012, that it will submit this month
for preliminary court approval an agreement to resolve the lawsuit
filed by Dunn, et al.
In January 2012, the Company reached an agreement in principle to
settle for approximately $12 million a purported class action
lawsuit filed on behalf of persons allegedly injured following
Hurricane Katrina at Lindy Boggs Medical Center (one of the
Company's former New Orleans area hospitals). The Company expects
to enter into a final settlement agreement in August 2012 and
submit the agreement to the court for preliminary approval in
September 2012. The settlement, which will be covered in full by
the Company's excess insurance carrier, will be apportioned among
the eligible class members who file a proof of claim once the
Civil District Court for the Parish of Orleans certifies the class
in that case -- which is captioned Dunn, et al. v. Tenet Mid-City
Medical, L.L.C. (formerly d/b/a Lindy Boggs Medical Center), et
al.
About Tenet Healthcare
Dallas, Texas-based Tenet Healthcare Corporation (NYSE: THC) --
http://www.tenethealth.com/-- is a health care services company
whose subsidiaries and affiliates own and operate acute care
hospitals, ambulatory surgery centers and diagnostic imaging
centers.
TEREX CORP: Awaits Rulings on Bid to Dismiss Two Class Suits
------------------------------------------------------------
Terex Corporation is awaiting court decisions on its motions to
dismiss a securities and an ERISA class action lawsuit, according
to the Company's August 7, 2012, Form 10-Q filing with the U.S.
Securities and Exchange Commission for the quarter ended June 30,
2012.
The Company has received complaints seeking certification of class
action lawsuits in a lawsuit brought under Employee Retirement
Income Security Act of 1974 ("ERISA"), a securities lawsuit and a
stockholder derivative lawsuit :
* A consolidated complaint in the ERISA lawsuit was filed in
the United States District Court, District of Connecticut on
September 20, 2010, and is entitled In Re Terex Corp. ERISA
Litigation.
* A consolidated class action complaint for violations of
securities laws in the securities lawsuit was filed in the
United States District Court, District of Connecticut on
November 18, 2010, and is entitled Sheet Metal Workers Local
32 Pension Fund and Ironworkers St. Louis Council Pension
Fund, individually and on behalf of all others similarly
situated v. Terex Corporation, et al.
* A stockholder derivative complaint for violation of the
Securities and Exchange Act of 1934, breach of fiduciary
duty, waste of corporate assets and unjust enrichment was
filed on April 12, 2010, in the United States District
Court, District of Connecticut and is entitled Peter Derrer,
derivatively on behalf of Terex Corporation v. Ronald M.
DeFeo, Phillip C. Widman, Thomas J. Riordan, G. Chris
Andersen, Donald P. Jacobs, David A. Sachs, William H. Fike,
Donald DeFosset, Helge H. Wehmeier, Paula H.J. Cholmondeley,
Oren G. Shaffer, Thomas J. Hansen, and David C. Wang, and
Terex Corporation.
These lawsuits generally cover the period from February 2008 to
February 2009 and allege, among other things, that certain of the
Company's SEC filings and other public statements contained false
and misleading statements which resulted in damages to the
Company, the plaintiffs and the members of the purported class
when they purchased the Company's securities and in the ERISA
lawsuit and the stockholder derivative complaint, that there were
breaches of fiduciary duties and of ERISA disclosure requirements.
The stockholder derivative complaint also alleges waste of
corporate assets relating to the repurchase of the Company's
shares in the market and unjust enrichment as a result of
securities sales by certain officers and directors. The
complaints all seek, among other things, unspecified compensatory
damages, costs and expenses. As a result, the Company is unable
to estimate a possible loss or a range of losses for these
lawsuits. The stockholder derivative complaint also seeks
amendments to the Company's corporate governance procedures in
addition to unspecified compensatory damages from the individual
defendants.
The Company believes that the allegations in the lawsuits are
without merit, and Terex, its directors and the named executives
will continue to vigorously defend against them. The Company
believes that it has acted, and continues to act, in compliance
with federal securities laws and ERISA law with respect to these
matters. Accordingly, on November 19, 2010, the Company filed a
motion to dismiss the ERISA lawsuit and on January 18, 2011, the
Company filed a motion to dismiss the securities lawsuit. These
motions are currently pending before the court. The plaintiff in
the stockholder derivative lawsuit has agreed with the Company to
put this lawsuit on hold pending the outcome of the motion to
dismiss in connection with the securities lawsuit.
UNITED SALAD: Recalls Products That Contain Mangoes
---------------------------------------------------
United Salad Co. is initiating a voluntary, precautionary recall
on various products it distributes to retail supermarkets that
contain Mangoes associated with the Food Source Tomorrow's
Tropical recall with the potential to be contaminated with
Salmonella.
Salmonella is an organism which can cause serious and sometimes
fatal infections in young children, frail or elderly people, and
others with weakened immune systems. Healthy persons infected
with Salmonella often experience fever, diarrhea (which may be
bloody), nausea, vomiting and abdominal pain. In rare
circumstances, infection with Salmonella can result in the
organism getting into the bloodstream and producing more severe
illnesses such as arterial infections (i.e., infected aneurysms),
endocarditis and arthritis.
There have been no reported illnesses attributed to the recalled
items. United Salad Co. is issuing this voluntary recall linked
to the supplier's Tropical Mangoes recall to minimize risk to the
public health.
The recalled products were distributed to retailers and
supermarkets from 09/01/12 to 09/17/12 in Alaska, Idaho, Montana,
Oregon and Washington. A list of recalled products is listed in
the table.
The Company has directly notified all customers who received the
recalled product and requested removal from store shelves.
Anyone who has the recalled product in their possession should not
consume it and should destroy or discard it. Consumers with
questions may contact the Company at 1-800-547-5536 Monday -
Friday, 8:00 a.m. to 5:00. p.m. (Pacific Time).
In addition, if you may have further distributed this product,
please identify your customers and notify them at once of this
product recall and inform them to not consume the products and
destroy or discard it.
This recall is being made with the knowledge of the Food and Drug
Administration.
The Company thanks the consumers for their understanding and
cooperation in this regard. Please feel free to contact the
Company should additional information or assistance is required.
Recalled Products and Pack Codes:
Pack Included
Brand Product Size UPC States
----- ------- ---- --- ------
Zupan's Island Medley 12 oz 9250473497 OR, WA
Code Date Range: Best if Sold By 9/02/12 - 09/17/12
Mary's Select Island Fruit 12 oz 9250473497 OR, WA
Medley
Code Date Range: Best if Sold By 09/02/12 - 09/17/12
Mary's Select Fruit Mix 12 oz 9250473216 OR, WA
Ensalada
Code Date Range: Best if Sold By 09/02/12 - 09/17/12
United Salad Mango Diced 5 lb No UPC OR, WA
Co.
Code Date Range: Packed on 8/28/12 - 9/7/12
United Salad Mango Peeled 1 lb No UPC OR, WA
Co. Halves
Code Date Range: Packed on 8/28/12 - 9/7/12
Garden Highway Mango Salsa 9 oz 826766-422005 OR, WA,
Plant Code: P-002 ID, MT,
Code Date Range: Best if Sold By: 09/02/12 - 09/17/12 AK
Garden Highway Mango Spears 24 oz 826766-214068 OR, WA,
Plant Code: P-002 ID, MT,
Code Date Range: Best If Sold By: 09/02/12 - 09/17/12 AK
Mary's Select Mango Salsa 15 oz 9250474578 OR, WA
Code Date Range: Best if Sold By: 09/02/12 - 09/17/12
Mary's Select Tropical Salsa 16 oz 9250474569 OR, WA
Code Date Range: Best if Sold By: 09/02/12 - 09/17/12
Garden Highway Salsa Tropical 11 oz 826766-422104 OR, WA,
Plant Code: P-002 Fresh ID, MT,
Code Date Range: Best if Sold By: 09/02/12 - 09/17/12 AK
Trader Joe's Tropical Fruit 1 lb 0094-9361 OR, WA
Plant Code: P-002 Medley
Code Date Range: Best By: 09/02/12 - 09/18/12
Mary's Select Whole Mango 4 ct, No UPC OR, WA
5 ct, 8 ct
Code Date Range: Whole Produce
UNITEDHEALTH GROUP: Continues to Defend Ingenix-Related Suits
-------------------------------------------------------------
UnitedHealth Group Incorporated continues to defend class action
lawsuits arising from its use of a database previously maintained
by Ingenix, Inc., according to the Company's August 7, 2012, Form
10-Q filing with the U.S. Securities and Exchange Commission for
the quarter ended June 30, 2012.
In 2000, a group of plaintiffs including the American Medical
Association filed a lawsuit against the Company asserting a
variety of claims challenging the Company's determination of
reimbursement amounts for non-network health care services based
on the Company's use of a database previously maintained by
Ingenix, Inc. (now known as OptumInsight). The parties entered
into a settlement agreement in 2009 and this class action lawsuit,
along with a related industry-wide investigation by the New York
Attorney General, is now resolved. The Company remains a party to
a number of other lawsuits challenging the determination of out-
of-network reimbursement amounts based on use of the same
database, including putative class actions and multidistrict
litigation brought on behalf of members of Aetna and WellPoint.
The Company was dismissed as a party from a similar lawsuit
involving Cigna and its members. These lawsuits allege, among
other things, that the database licensed to these companies by
Ingenix was flawed and that Ingenix conspired with these companies
to underpay their members' claims and seek unspecified damages and
treble damages, injunctive and declaratory relief, interest, costs
and attorneys fees. The Company is vigorously defending these
lawsuits. The Company cannot reasonably estimate the range of
loss, if any, that may result from these matters due to the
procedural status of the cases, motions to dismiss that are
pending in several of the cases, the absence of class
certification in any of the cases, the lack of a formal demand on
the Company by the plaintiffs, and the involvement of other
insurance companies as defendants.
VIVUS INC: Bid to Dismiss Securities Suit Now Under Submission
--------------------------------------------------------------
IVUS, Inc. disclosed in its August 7, 2012, Form 10-Q filing with
the U.S. Securities and Exchange Commission for the quarter ended
June 30, 2012, that its motion to dismiss a securities class
action lawsuit is now under submission.
The Company and two of its officers are defendants in a putative
class action lawsuit captioned Kovtun v. Vivus, Inc., et al., Case
No. CV10-4957 PJH, pending in the U.S. District Court, Northern
District of California. The action, filed in November 2010,
alleges violations of Section 10(b) and 20(a) of the federal
Securities Exchange Act of 1934 based on allegedly false or
misleading statements made by the defendants in connection with
the Company's clinical trials and NDA for Qsymia as a treatment
for obesity. In the Amended Class Action Complaint filed on April
4, 2011, the plaintiff alleged generally that the defendants
misled investors regarding the prospects for Qsymia's NDA
approval, and the drug's efficacy and safety. On June 3, 2011,
the defendants filed a motion to dismiss, which was heard by the
Honorable Phyllis J. Hamilton on October 12, 2011. At the
hearing, Judge Hamilton ruled from the bench and granted the
defendants' motion to dismiss, with leave to amend. Judge
Hamilton also issued an order on October 13, 2011, which confirmed
her ruling at the hearing. On November 9, 2011, plaintiff filed
his Second Amended Class Action Complaint, again generally
alleging that the defendants misled investors regarding the
prospects for Qsymia's NDA approval, and Qsymia's efficacy and
safety. On December 30, 2011, defendants filed a motion to
dismiss the Second Amended Complaint. Briefing concluded in late
March 2012, and the motion was argued to the Court on April 18,
2012. The motion is now under submission.
The Company says it cannot predict the outcome of the motion or
when the Court may issue a ruling. Pending the outcome of
defendants' motion to dismiss, discovery continues to be stayed.
VIVUS, Inc. -- http://www.vivus.com/-- a biopharmaceutical
company, is developing therapies to address obesity, sleep apnea,
diabetes, and male sexual health. Its lead investigational
product, Qnexa, has completed Phase 3 clinical trials for the
treatment of obesity. Qnexa is also in Phase 2 clinical
development for the treatment of type 2 diabetes and obstructive
sleep apnea. The Company was founded in 1991 and is headquartered
in Mountain View, California.
Asbestos Litigation
ASBESTOS UPDATE: Safety Measures Extend Cleanup at Twin Bridges
---------------------------------------------------------------
Bryan Fitzgerald for the Times Union reports that asbestos work
being done as part of the multimillion-dollar overhaul of the Twin
Bridges took longer than expected Thursday morning (Sept. 6),
snarling the rush-hour commute between Clifton Park and Colonie.
Crews working to remove asbestos from deep within the pavement on
the northbound side of the bridge that carries traffic over the
Mohawk River were scheduled to end work by 6 a.m., said Carol
Breen, a spokeswoman for the state Department of Transportation.
The work, which closed two of three northbound lanes, took three
hours longer than expected and began to clog traffic at about
7 a.m. The job was slowed because workers had to take extra
safety precautions due to the asbestos, Breen said.
The name of the span is the Thaddeus Kosciusko Bridge in honor of
the Revolutionary War hero, but it is commonly known as the Twin
Bridges.
The early hours of the traffic jam also caught asphalt trucks on
their way to the site to put down temporary paving. That further
slowed the work, Breen said.
Lanes were reopened by 9 a.m.
Workers were scheduled to be back on site until 6 a.m. Friday,
Sept. 7 for more work, Breen said, though the DOT expected the
construction to be completed before the morning rush hour. During
those hours, the northbound bridge was set to be reduced to one
lane. All southbound lanes were to be opened, Breen said.
Workers are removing the concrete decks on the bridge that
vehicles have been traveling over since 1959 and replacing them
with temporary decks. Breen said the asbestos is deep down in
layers of concrete that have not been touched since the bridge was
built. She said use of asbestos on bridges was common at the time
of the construction, but the hazardous minerals pose no threat to
the public.
The week's construction comes just before the bridges were set to
have their decks completely redone, a $29 million project that
will stretch across six weekends.
Beginning Sept. 7, the northbound bridge will be closed nearly
every weekend until late October. Construction will be suspended
over the Columbus Day weekend.
The DOT says the biggest delays will occur from 9 a.m. to 7 p.m.
Saturdays and Sundays. The delays will likely carry over onto
Route 9, an alternate route around the bridges.
To follow the construction and check for updates, log onto
https://www.dot.ny.gov/twinbridges
ASBESTOS UPDATE: Judgment Drops Jury Award From $90MM to $8.4MM
---------------------------------------------------------------
The Associated Press reports that a central Illinois judge's
decision has reduced the jury award in a 2011 asbestos case from
almost $90 million to $8.4 million.
The lawsuit was filed in the case of 59-year-old pipe fitter
Charles Gillenwater, who was exposed to asbestos and contracted a
rare type of cancer called mesothelioma.
A jury found four companies responsible in Gillenwater's case.
But a McLean County judge vacated the judgments against three of
those companies. The judge let stand a judgment against John
Crane Inc. for $8.4 million.
Lawyers for the victim's widow tell The (Bloomington) Pantagraph (
http://bit.ly/UulYYk)that they're disappointed the judge decided
evidence was insufficient to show a conspiracy among the companies
to keep information about the harmful potential of asbestos from
the public.
The lawyers say they plan to appeal.
ASBESTOS UPDATE: 876 Schools In Northern Ireland Are Contaminated
-----------------------------------------------------------------
BBC News Northern Ireland reports that almost 900 school buildings
in Northern Ireland contain asbestos, it has been revealed.
Some 84% of schools in the Northern Education Board area contain
the substance -- the highest percentage of the boards.
White, blue and brown asbestos are all potentially dangerous and
have been banned in the UK.
NI's Department of Health said asbestos that was not disturbed or
damaged was not a significant health risk.
Asbestos was extensively used in building in the 1970s because of
its strength and heat resistance.
However, if asbestos is damaged, the fine fibers become airborne
and can be inhaled causing serious diseases including lung cancer
and asbestosis.
Details of the extent of the asbestos presence in schools were
contained in papers released by the five education boards
following a Freedom of Information request by the Belfast
Telegraph.
The documents reveal asbestos is contained in 876 schools across
Northern Ireland, including 61 nursery schools.
Crocidolite, the most dangerous form of asbestos, is present in 21
schools, including 10 in the Southern Board area.
In a statement to the newspaper, the Department of Education said
asbestos which was not disturbed or damaged was not a significant
risk to health as long as it was properly managed.
The department said, that in line with government policy, it was
better for it to be managed for the remaining life of the school
rather than be disturbed.
The Health and Safety Executive website states: "Asbestos is the
single greatest cause of work-related deaths in the UK."
It added: "Working on or near damaged asbestos-containing
materials or breathing in high levels of asbestos fibers, which
may be many hundreds of times that of environmental levels can
increase your chances of getting an asbestos-related disease."
Asbestos could be present in any building that was built or
refurbished before 2000.
ASBESTOS UPDATE: Impact of Marois Victory on Asbestos Industry
--------------------------------------------------------------
The Ottawa Citizen relates there isn't much reason to celebrate
the victory of Pauline Marois, but there is one very thin silver
lining: She has promised that under her leadership, the Quebec
government will stop propping up the province's asbestos industry.
It's one thing to allow the continued export of asbestos from
Canada to countries such as India. It's another for governments
to actively work to keep that industry alive, as the federal
government has done with its rogue international stance on the
question of whether it should be listed as a dangerous substance.
The Quebec government, under now-defeated premier Jean Charest,
actually helped to revive the industry by providing a $58-million
government loan to reopen the Jeffrey Mine.
All for the sake of a few hundred jobs.
The Marois government might find it difficult to extricate itself
from its predecessor's commitment to the mine. But its public
stand against the subsidy is laudable.
Whenever governments decide to support particular businesses in
defiance of the market, they distort that market and dampen the
competitive forces that spur on productivity and innovation.
Governments should, in all but a few extraordinary cases and
circumstances, resist the temptation to use public money to prop
up any industry -- never mind a moribund one that's an ethical
minefield and a national embarrassment. The Canadian government
may well be right in its insistence that chrysotile asbestos can
be safe if properly handed. But it's possible -- indeed, likely
-- that workers in countries that import asbestos won't always
handle it safely. And even if it were possible to control
conditions in other countries so we could make sure our exports
were ethically sound, the decline of the industry in Canada
suggests there isn't much reason to bother.
If the asbestos industry can't survive without government help,
then it shouldn't survive at all.
The decision to oppose the mine loan might have cost the PQ at
least one seat: Richmond, which contains the town of Asbestos.
The PQ candidate there lost on Sept. 4 by a mere 269 votes. The
Liberal who won is the daughter of the MNA who made the
announcement about the loan to the mine, back in the spring,
before he retired. It's possible that the PQ could have won the
seat had it pandered to the asbestos lobby. But it's also
possible that there are many Quebecers, in the Richmond riding and
elsewhere, who were sick of the pandering, and annoyed to see
their government spend their money on a dying industry.
ASBESTOS UPDATE: Election Gives "Anti-Asbestos" Reverend Hope
-------------------------------------------------------------
John Curry of EMC News reports that for five months now, every
Wednesday, Rev. Michel Dubord of Richmond and a small group of
supporters have been holding one-hour Wednesday afternoon vigils
at prominent locations in Richmond, Stittsville and Kanata,
protesting the export of cancer-causing asbestos from Canada to
developing countries.
And while Rev. Dubord, with his four by eight foot sign "End
Export of Canadian Cancer - Asbestos," has attracted the attention
of passing motorists, sometimes receiving honks or waves of
support, it has been a campaign that has not only tested his
endurance, ranging from the cold of an April afternoon when he and
his supporters bundled up wearing toques to the heat of a July
vigil, but also has challenged his pride of country, given that
the export of cancer-causing asbestos seems so contrary to the
kind of principled actions that Canada usually takes on the
international stage.
So, you can see how statements in the Quebec provincial election
gave Rev. Dubord a douse of hope and faith that the export of
asbestos may cease, along with the mining of asbestos in Canada.
Just before Canada Day, the Quebec Liberal government announced a
$58 million loan to cover much of the cost of renovating and re-
opening the Jeffrey Mine in Asbestos, Quebec, allowing asbestos
production to continue for another couple of decades.
But in the Quebec provincial election, first the new Coalition
Avenir Quebec (CAQ) party and then the Parti Quebecois (PQ) both
came out against the mining of asbestos and its export. The CAQ
stated that the export of such cancer causing material goes
against the values of Quebec society and vowed to stop its export
and use the $58 million loan funds to help promote other
industrial activity.
And then PQ party leader Pauline Marois got aboard the anti-
asbestos bandwagon.
"Marois vows to shut down Quebec's asbestos industry," blared the
headline in the Thursday, Aug. 30 Ottawa Citizen, as she pledged,
if elected, to cancel the $58 million loan to the asbestos
industry and to take Quebec out of the asbestos mining and
exporting business while consulting with workers in Asbestos about
how to diversify that regional economy to replace the asbestos
industry.
Rev. Dubord wishes that the Anglican Church would have made a
public statement protesting the export of asbestos from Canada but
no such statement has yet been forthcoming. Indeed, Rev. Dubord's
involvement in the issue began at the Anglican Church Synod in
2011 when an overwhelming majority voted in favor of his motion to
"advocate the end of Canadian exports of asbestos by directing
Diocesan Council to have letters written to this effect to the
Government of Canada and the Government of Quebec and to consult
with the Episcopal Government Relations Panel and the dioceses of
Montreal and Quebec to explore other possible avenues of
advocacy." However, despite this motion, nothing formal in the
way of protest of the export policy has yet come forward from
Anglican Church officials.
But, nonetheless, Rev. Dubord will be out continuing his protest,
holding his weekly Wednesday vigil at Memorial Park in Richmond
throughout the month of September. He will be there from 4:30
p.m. to 5:30 p.m. every Wednesday in the month with everyone
welcome to join him if they wish.
He is just coming off holding the vigils in Stittsville where the
protest was noticed by numerous motorists, hopefully raising
awareness of the issue in their minds.
There are documented links between asbestos and cancer. This has
prompted numerous countries, including Canada itself, to stop
using asbestos.
In the early 1900's, Canadian asbestos accounted for 85% of the
world's production. After peaking in 1973, production has slowly
declined as exposure to asbestos was linked to serious health
problems such as lung disease and cancer.
By 2010, Canada was producing only 5% of the world's asbestos,
some 100,000 tons.
For Rev. Dubord, who has undertaken this protest action on his own
accord and not in his role as rector at St. John the Baptist
Anglican Church in Richmond, he sees the matter quite simply.
Asbestos is not used in Canada because of its documented health
issues, namely that is causes cancer. And yet Canada permits the
export of this material to developing countries where it will
adversely impact the health of all those who work with it.
Asbestos has been removed at a large cost from the Parliament
Buildings due to health concerns and yet the current federal
government still allows its export to development countries for
use there.
Rev. Dubord does not blame the people of the Asbestos area in
Quebec for working in the asbestos industry. After all, it means
jobs and a livelihood for them. But he believes that the
governments could come up with some alternative employment
strategies for that area to offset the shutdown of the asbestos
industry. This appears to be what both the CAQ and the PQ parties
advocated in the election campaign.
The World Health organization estimates that asbestos-related
diseases including certain forms of lung cancer kill more than
105,000 people around the world each year. These deaths are the
result of asbestos-related lung cancer, mesothelioma and
asbestosis, all caused by inhaling asbestos fibers. In Canada,
asbestos use is not banned but because of its known health risks,
Canadians simply do not use it. But despite these known health
hazards, Canada exports thousands of tones of asbestos each year
to countries like India, Thailand and Indonesia. Most of this
Canadian asbestos is shopped overseas as loose fiber in bags.
Workers in these receiving countries then dump these bags of
asbestos by hand, creating clouds of carcinogenic dust swirling
around them.
Rev. Dubord notes that exposure to asbestos in the countries to
which Canada is exporting the substance will cause health
problems, perhaps not today but certainly down the road as the
asbestos fibres penetrate the lungs of its handlers and start
causing respiratory and cancer problems and eventually a prolonged
death.
Chrysotile asbestos is mined in Quebec and exported to developing
countries with the support of the current Canadian federal
government. Asbestos ends up killing since it sheds tiny dust
fibers continuously. Once inhaled, these fibers become tangled
with lung tissues where they cause cancer, typically lung cancer,
asbestosis and mesothelioma. For more information about the
export of asbestos from Canada, go to the Website
www.canadianasbestosexports.ca
ASBESTOS UPDATE: Europlasma Group Gets EUR2 Million Investment
--------------------------------------------------------------
Europlasma Group announces that its subsidiary Inertam invested
EUR2 million in its asbestos waste vitrification plant.
To improve productivity and to answer to the growing demand, while
continuing to reduce its environmental footprint, Inertam chose to
invest in the load preparation area of its hazardous waste
destruction process. This investment is financed by a Green Loan
granted by OSEO under the "Investment in the Future" program
launched by the French Government.
The load preparation area of a new generation will allow to sort
the waste more precisely according to its nature (friable
asbestos, bound asbestos, cement asbestos) and therefore to secure
a better melting bath with a lower temperature than previously.
This process modernization will reduce the consumption of energy
and other consumables by up to 30% and will reduce the downtime
periods to increase the production. Today Inertam treats around
5,500 tons/year whereas the company is authorized to process
10,000 tons/year of hazardous waste.
Due to the work on the load preparation area, the plant was shut
down for a period of 10 weeks this summer and consequently the
immediate gains in productivity will first be observed in the full
year accounts from 2013 onwards.
By authorizing this investment, the Board of Directors confirmed
its confidence in the sector of the hazardous waste destruction by
vitrification. That enables the Europlasma Group to perform
related businesses (like the KNPP contract in Bulgaria for
radioactive waste destruction) and to answer to several
international tenders (asbestos, solids soiling the PCB,
radioactive waste) mainly in Japan.
About Europlasma
Europlasma is a French Group operating in the clean technologies
and renewable energy production industries. Founded in 1992 to
apply its proprietary plasma torch technology to hazardous waste
destruction, it is now built on the following four business units:
-- Europlasma is a world-wide supplier of plasma heating
systems and related applications.
-- Inertam is the global specialist in the destruction and
recycling of asbestos and hazardous waste.
-- Europe Environnement is the European expert in industrial
ventilation and gas cleaning systems.
-- CHO Power is a producer of electricity from waste and
biomass gasification.
ASBESTOS UPDATE: Ex-Buttonholer's Widower Settles With Insurers
---------------------------------------------------------------
The Sentinel at thisisstaffordshire.co.uk reports that the family
of a former mill worker who died from an aggressive asbestos-
related cancer have succeeded in their legal battle for
compensation -- thanks to help from Sentinel readers.
Margaret Windsor, aged 73, from Clayton was given the
heartbreaking news that she was suffering from mesothelioma in
February 2009 and lost her fight for life less than three months
later.
Her husband Roy has now reached an out-of-court settlement with
the insurers of Enderley Mills, Newcastle.
He was able to prove his case after Sentinel readers got in touch
to back claims about the working conditions at the now-closed
textile factory where Margaret worked as a buttonholer between
1951 and 1979.
Widower Mr. Windsor, who met his wife while working at the mill,
said: "I cannot thank Margaret's former workmates enough. I've
been overwhelmed by their willingness to come forward and help.
"Enderley Mills was a really dusty place to work in and you could
even see asbestos fibers in the air.
"Margaret and I had been married for over 50 years and to lose her
so suddenly had a devastating effect on our whole family.
"She just became ill so quickly, but even in that short time she
suffered a great deal.
"She shouldn't have had to suffer like this just because she was
unlucky enough to work in a deadly environment."
Enderley Mills's insurers, who defended the case, settled out of
court without formally admitting liability.
Mr. Windsor declined to reveal how much he received.
But in 2002, Henry Hassall accepted a GBP95,000 settlement from
factory owners Compton, Sons and Webb, following the death of wife
Iris from mesothelioma, in 1997.
Mrs. Hassall, formerly of Clayton, worked as a machinist at
Enderley Mills from 1951 to 1957.
Iain Shoolbred, an asbestos expert from Irwin Mitchell, who
represented Mr. Windsor, said: "We knew that Margaret was in
constant contact with asbestos because the deadly dust was present
in the pipes, the roof and the presses that were used on the
clothes.
"However, as Margaret died less than three months after being
diagnosed with mesothelioma, she was unable to provide us with
information which we needed to take her family's case forward.
"We knew the key to solving the case lay with former Enderley
Mills workers who held crucial information about working practices
there and, thanks to an appeal in The Sentinel back in 2010, we
received a large number of offers of assistance from former
workers who were all able to recall working practices at the firm,
which has since ceased trading.
"It just goes to show the power of the local press and the close
ties former Enderley employees still share."
Symptoms of mesothelioma can take more than 20 years to emerge
after the initial exposure.
ASBESTOS UPDATE: Contaminated Sheds Revealed at BTAC Meeting
------------------------------------------------------------
The Boston Standard reports that several allotment sites run
throughout the town centre area are home to asbestos-filled sheds,
a meeting of the Boston Town Area Committee (BTAC) learned
Sept. 5.
A number of old sheds on plots including those on Willoughby Road
and Spilsby Road are known to contain the potentially hazardous
material -- though the committee was told it was all known to be
in a safe and stable condition at the current time.
However, plot holders are warned not to move their sheds, drill
holes in them or alter them in any way in order to avoid the
possibility of disturbing the asbestos.
ASBESTOS UPDATE: ARD Suffering Workers to Get Free CT Scans
-----------------------------------------------------------
Tara Carman of The Vancouver Sun reports that workers suffering
from illnesses caused by on-the-job asbestos exposure will soon be
eligible to receive diagnostic CT scans funded by WorkSafeBC in an
effort to diagnose lung cancer sooner and reduce mortality from
the disease.
Recent research conducted by Dr. Stephen Lam and his team at the
BC Cancer Agency found CT scans were more effective than chest
X-rays in the early detection of lung cancer, reducing mortality
by 20% in heavy smokers between the ages of 55 and 74.
Very little research has been done on lung cancer screening for
asbestos-exposed workers, Lam said in an interview Friday,
Sept. 7.
WorkSafeBC became aware of the results of Lam's work with heavy
smokers last year and approached the agency about the possibility
of using the scans as a way to screen high-risk claimants, said
Kevin Molnar, director of long-term disability at WorkSafeBC.
Those claimants already receive a medical exam, including a chest
X-ray, every two years, said Lloyd Hikida, senior manager of
occupational disease services at WorkSafeBC.
"For us, (the CT is) just a new medical tool that we would of
course jump on and we're very excited to have as something we can
use for early detection."
About half of the 142 workplace fatalities in B.C. last year were
due to occupational disease and the majority of those were the
result of asbestos-related illness, said WorkSafeBC spokeswoman
Megan Johnston.
To be eligible to receive the diagnostic CT scans, a worker must
first file a WorkSafeBC claim. If the worker is found to have
been exposed to asbestos on the job in B.C. and suffers from the
scarring of the lungs known as asbestosis, WorkSafeBC would
presume they contracted the disease as a result of their
employment, Hikida said.
Once the claim is approved, the worker would be eligible to
receive an initial diagnostic CT scan and a subsequent one in two
years if the initial scan did not detect cancer, said Craig
Martin, senior medical adviser at WorkSafeBC.
Workers with asbestosis who are smokers are 59 times more likely
to get lung cancer than a non-smoker who hasn't been exposed,
Martin said. WorkSafeBC has already identified 200 claimants who
meet the criteria, the majority of whom are smokers, he said.
Hikida said he hopes more eligible workers will make claims in the
coming months.
B.C. workers exposed to asbestos who have not been diagnosed with
a related disease will not be eligible for the CT scans, Martin
said.
"If you're thinking of screening the tens, if not hundreds of
thousands of people who have been exposed to asbestos at some
point in their life, you're going to run into an awful lot of
problems. That's why you define it to the various high-risk
groups."
CT scans are not generally used as a lung cancer diagnosis tool in
the public health care system because the research concerning
their efficacy is very new, the cancer agency's Lam said.
WorkSafeBC is in the final stages of negotiating the contract to
do the scans with the BC Cancer Agency, and expect to roll out the
program sometime this fall.
The cost of the CT scans will be a maximum of $100,000, but that
figure depends on how many eligible claimants choose to have the
scans, Martin said.
Herb Daum, who worked at the asbestos mine in the now-abandoned
northern B.C. town of Cassiar between 1977 and 1983, said it would
be good for exposed workers to be offered diagnostic CT scans, but
he would likely choose not to get one, even if he were eligible.
"What would I possibly gain other than 'Well, I'm going to die of
this stupid, damn disease,' " he said. "A CT scan may be
providing me some early detection . . . (it) may extend the
quantity of your life, but I want quality over quantity."
ASBESTOS UPDATE: Scout Leader "Likely" Exposed to Fibro at Work
---------------------------------------------------------------
According to a news report by The Citizen posted at
thisisgloucestershire.co.uk, asbestos exposure at work was "more
likely than not" to have caused Stroud Scout leader Richard
Buxton's fatal illness, a coroner has ruled.
Married father of two Mr. Buxton, 56, died earlier this year from
malignant mesothelioma, his inquest before Gloucestershire deputy
coroner David Dooley was told.
A fit, healthy and active man until October 2010, when he began to
suffer shoulder pains, Mr. Buxton died on Feb. 19 after only a
short stay in Cheltenham Hospital.
A volunteer Scout leader in Gloucestershire for 25 years, Mr.
Buxton, from Bussage, had served in the Merchant Navy from 1974 to
1982, Mr. Dooley learned.
From a statement made in support of a civil claim by Mr. Buxton
before his death, it was clear he'd served aboard a number of
ships in the clean environment of the radio room.
But Mr. Dooley learned Mr. Buxton would, out of interest, spend
time in various engine rooms to see how things worked.
Those engine rooms were, however, full of asbestos cladding and
lagging on pipes and the engineers, whom he befriended, often wore
dust covered overalls.
No one, Mr. Buxton stated, wore protective masks.
Later he was also employed at Kemble where the aircraft hangars
had roofs made with corrugated asbestos sheets.
Pathologist Prof Neil Shepherd's report to the inquest said he'd
found pleural plaques, a marker for asbestos exposure, in Mr.
Buxton's lungs.
Mr. Dooley said it was a "sad case of a relatively young man
succumbing to malignant mesothelioma".
"He was able in life to give us a clear employment history of
working, some 30 to 35 years before his death, in ships' engine
rooms that were asbestos hot spots," Mr. Dooley said.
He said it was more likely than not that Mr. Buxton's disease was
attributable to significant occupational exposure rather than
environmental exposure.
Mr. Dooley recorded the verdict that Mr. Buxton died from the
industrial disease malignant mesothelioma.
A youth leader in later life, Mr. Buxton also worked most recently
at Stroud's Thomas Keble School.
ASBESTOS UPDATE: Workers at Old Cassiar Mine Put on Cancer Alert
----------------------------------------------------------------
CBC News reports that former workers at the now defunct Cassiar
asbestos mine just south of the Yukon/B.C. border are being urged
to watch for signs of cancer.
The mine operated for about 40 years and an estimated 50,000
people worked there, including many Yukoners. It closed in the
1990s.
Mineworkers at Cassiar handled raw asbestos without any protective
gear. Asbestos fibers can lodge in the lungs and cause
respiratory ailments and cancer decades later.
Lee Loftus with the asbestos workers union in B.C. said former
Cassiar workers are in a high risk group.
"You could see the asbestos fibers in the trees in the general
neighborhood, so there was no protection," he said. "They weren't
provided with any education on the hazards of asbestos exposure,
or how to contain asbestos or how to protect themselves against
the exposures that they were receiving."
Loftus said traditional X-rays aren't effective in detecting
asbestos-related cancer. He said all former Cassiar workers
should tell their doctors about their exposure, and get a CT scan
immediately if respiratory problems crop up.
Loftus also advises all former workers to start a claim with the
B.C. Workers Compensation Board.
ASBESTOS UPDATE: PQ Victory May End Hope to Reopen Jeffrey Mine
---------------------------------------------------------------
Ramsey Hart at Rabble.ca reports that the outgoing Charest
government in Quebec received a lot of flack over the summer for
offering a $58-million loan to an industry that was on its last
breath -- the mining and export of asbestos. (Recriminations came
from international labor and health groups, editorials in most
major Canadian papers, and even the Fraser Institute.) But now
that the PQ will be taking over the reins in the National Assembly
there may be no resuscitation for the Jeffrey Mine.
In a historic shift, three of the four parties that elected
members to the National Assembly -- including the victorious PQ --
pledged to end the province's long-standing and myopic support of
the toxic industry. The Liberals were the holdouts. Prior to the
election the CBC quoted Premier-to-be Pauline Marois as saying
that asbestos is "an industry from another era" and relinquishing
it is "the path forward that now seems to be clearing." The story
notes that the PQ, CAQ, and Quebec Solidaire received kudos from
the Canadian Cancer Society for their positions.
It might come as a surprise to many that the right "path" on
asbestos is only just opening for the PQ or that the Liberals
would consider re-opening asbestos mines, let alone providing a
generous loan. But staunch support in Quebec for the asbestos
mines in the Eastern Townships has been an obstacle for health and
social justice activists trying to curtail the export of the
harmful mineral to India, Thailand, and other countries in the
Global South. The support has stemmed in part from a historic
legacy and part from political opportunism.
The modern Quebec labour movement was born from strikes at the
asbestos mines so until recently many progressive individuals and
organizations have found it difficult to speak out on the matter.
But at last the contradictions seem to have overcome the tendency
to support or stay silent about the industry. The fact that the
miners at the other closed asbestos mine in Thetford had to make
considerable concessions on pay and benefits (putting them far
below industry standards) may have helped tip the balance.
On the political front, the mines are located is a swing riding,
so governments and hopeful political parties have pandered to the
local desire to maintain jobs in the mines. During the election
the Liberals kept the riding by just a few hundred votes. It is
now represented by the daughter of the former Member of the
National Assembly, who announced the controversial loan to the
Jeffrey Mine shortly before retiring in July.
Long before scientists declared the "Death of Evidence" in federal
policy and budget making, federal governments (Conservatives and
before them Liberals) ignored the overwhelming science on the
hazards of asbestos, providing direct support to the industry's
lobbying organization, the Chrysotile Institute (originally the
Asbestos Institute), and downplaying the hazards in international
arenas. In 2011 the Conservative government led a successful
effort to keep chrysotile asbestos from being listed on the
Rotterdam convention -- which would have required the mineral to
be labeled as hazardous when exported.
The shift in the political support for asbestos mining in Quebec
may be part natural evolution and the inevitable ripening of
uncomfortable contradictions -- but much credit must also be given
to those who have organized and campaigned on the issue. They
have been successful at keeping the issue in the media,
highlighting international reactions in Quebec, and holding the
credible science of organizations like the WHO over the bunk
science of industry funded researchers and lobbyists.
Congratulations to the other Ban Asbestos Canada coalition
members, Right On Canada and especially to Kathleen Ruff --
organizer, researcher, and author of numerous op-ed pieces as well
as of the influential report Exporting Harm: How Canada Markets
Asbestos to the Developing World.
Of course the work of activists is never truly done. While we may
have made important milestones in curtailing the export of
asbestos there is still much work needed to deal with the legacy
of past asbestos mining and its widespread use. The case of
former asbestos miners in BC recently covered by CBC's the
National is a case in point.
ASBESTOS UPDATE: Libby Asbestos Disaster Now An Elective Course
---------------------------------------------------------------
Katy Harris of KAJ News reports that the asbestos disaster has
been a big part of Libby culture, and now a credit course about
the event is being offered at Flathead Valley Community College in
Libby.
The Libby Legacy Project is being offered as a one credit elective
course at the Libby campus.
A broad-based community committee made up of healthcare
professionals, environmental agencies, and the Libby school
district came up with the idea for the course.
The committee then contacted the FVCC Libby campus to offer the
course to students. The idea is for the Libby community to get a
truthful and informational course about the role asbestos played
overtime in the area.
"I think it's beneficial for people to get the big picture of this
entire project because this is a legacy of Libby. This is always
going to be a part of our history. We should understand it. We
should know about how this community was before the mine, during
the mine, and after the mine," FVCC Libby campus Extended Learning
Director Pat Pezzelle explained.
The Libby Legacy Project course will start on September 12th at
the Libby campus. Call (406) 293.2721 for more information.
ASBESTOS UPDATE: Rajasthan Ex-Asbestos Miners Reclaim Mining Pits
-----------------------------------------------------------------
Daily Bhaskar.com reports that an unusual demand is emerging from
the remote hamlets of southern Rajasthan. Its residents, mostly
ex-asbestos mine workers, are all set to redefine the apparent
futility of "pit-filling" works in the National Rural Employment
Guarantee Act (NREGA).
Only, the pits are much larger than one would imagine. Actually,
they are yawning moon-like craters in the surface of the earth,
stretching across vast tracts of land -- all erstwhile asbestos
mines left open, abandoned and fraught with the dangers of human
and livestock loss by a careless step, a slip.
Asbestos mining was banned by the centre since 1986, but in
Udaipur district, the last of the leases came to a complete
closure only in 2005. The scars of mining, however, have stayed.
It is in an attempt to erase this that villagers of Jhadol and
Gogunda block, who were earlier working in these mines, have hit
upon a fresh way to tackle their twin tribulations of a disfigured
ecology and unemployment.
On Oct. 2, when gram sabhas will take place across the state,
residents of 10 panchayats in these two blocks have decided to
present their demand for works under NREGA -- "reclaim these mines
and turn them into plantations."
"Although the mines were closed through a Supreme Court order in
1986, the mining department until recently had no provision for
reclaiming mines in the leases and licenses that it issued. NREGA
presents that opportunity and the villagers are mobilizing
themselves to formally ask for this in the gram sabhas," said Rana
Sengupta, managing trustee, Mine Labour Protection Campaign said.
ASBESTOS UPDATE: Unabated NSW Health Building Irks Greens MP
------------------------------------------------------------
Natalie O'Brien of The Sydney Morning Herald reports that
confusion and a lack of accountability have been blamed for the
failure to clean up dangerous asbestos fibers in a building that
remains open to the public in the grounds of Rozelle's former
mental hospital.
The building, owned by NSW Health and under the management of the
Sydney Harbour Foreshore Authority, has had fibers spilling from
ceiling pipes for months but has not been cleaned up.
The future of the whole site, known as Callan Park, has also
become an issue at the Leichhardt council elections, with the
long-time Friends of Callan Park campaigner and former councilor
Hall Greenland joining the Greens team running for council.
The Greens MP Jamie Parker said on Sept. 8 that he was concerned
that the allegations were not being properly dealt with. "Action
must be taken immediately to ensure the safety of workers and the
community," he said. Mr. Parker has put questions on notice to
the Environment Minister, Robyn Parker.
The foreshore authority said it had carried out a hazardous
materials survey of the site's buildings last year, which led to
buildings being boarded up and warning signs being erected.
ASBESTOS UPDATE: Repair Work Stirs Up Fibro at Pelsall School
-------------------------------------------------------------
Expressandstar.com reports that a primary school has been forced
to delay the start of the new school year after asbestos was
discovered during maintenance work.
Tradesmen working at Ryders Hayes School, in Pelsall, disturbed
the potentially-harmful asbestos during the school holidays.
Parts of the Gilpin Crescent school have been quarantined
following surveys by asbestos specialists, who were called in
immediately.
A phased decontamination process has begun.
Head teacher Joanne Speller on Sept 8 said: "It is a great relief
that children and staff were not in the building at the time the
asbestos was disturbed.
"I am also impressed by the swift action of our site manager, who
immediately sought the support of the property services team at
Walsall Council when he became aware of the problem.
"Working together, the school and council quickly ensured the
contamination was contained and called in specialist services to
deal with the issue."
An action plan has been drawn up and pupils are expected to start
next week. The nursery will reopen on September 24.
ASBESTOS UPDATE: Molder's Widow Pleas to Husband's Former Peers
---------------------------------------------------------------
Keighley News reports that the devoted wife of a man who died from
an asbestos-related cancer is appealing for his former work
colleagues to help lawyers investigate why he was allowed to come
into contact with the deadly dust.
Barbara Worden lost her husband Robert, known as Bob, on Nov. 10,
2009, aged 77 after a two-year battle with the debilitating
disease asbestosis, which is caused by exposure to asbestos.
Mrs. Worden, of Oakworth, believes her husband came into contact
with the toxic substance while working as a skilled molder at
George Hattersley and Sons, Sealand Engineering, Jonas Wells Ltd,
Prince Smith and Stells and Marston (IMI) Radiators.
She has now instructed industrial disease lawyers at Irwin
Mitchell's in her battle for justice and to find more information
about the working conditions at the Keighley companies, where he
worked between 1961 and the late 1980s.
Mrs. Worden, 69, said: "Anyone who has lost a loved one to this
disease will know that it is an excruciatingly painful one, for
which there is no cure. Bob had terrible problems breathing and
he'd get stressed out and frustrated about not being able to do
the things he loved like walking and gardening.
"I still really miss Bob and always will, but I'm confident that
we can get the justice he deserves with the help of local people
who worked at the same companies he did."
Mrs. Worden said he first showed symptoms of asbestosis in
December 2007 when he started struggling to walk up the hills near
their home, despite being a keen walker.
In June 2008 he suffered two blackouts. Doctors diagnosed an
irregular heartbeat and he had a pacemaker fitted. However, Mr.
Worden continued to feel breathless and a month after his heart
operation he was taken back to Airedale Hospital for more tests.
Doctors confirmed he was suffering from asbestosis.
His condition deteriorated quickly in the three months that
followed and he was taken to Manorlands hospice in Oxenhope. He
passed away after just one night there.
Ian Bailey, a specialist asbestos lawyer at Irwin Mitchell's Leeds
office, said: "Barbara is still coming to terms with losing Bob to
this horrific asbestos-related disease. In 2010, about 1,000
people died or were diagnosed with asbestosis, according to the
Health and Safety Executive.
"It's a devastating terminal illness and can be very distressing
for the victims and their families.
"To help Barbara get to the bottom of why her husband was exposed
to harmful asbestos, we urgently need to speak to anyone who
worked at the same companies as Bob during his 30-year career to
find out more about the protection he was offered."
Anyone with information should contact Mr. Bailey on 0870-1500100
or e-mail ian.bailey @irwinmitchell.com
ASBESTOS UPDATE: Texas Lawyer Offers Services to Everyday Workers
-----------------------------------------------------------------
LawFuel.com relates that the unfolding tragedy of asbestos
continues in America every day and as Texas lawyer Ben DuBose
knows it is also prevalent for residents in North Texas who
continue to develop mesothelioma and lung cancer because asbestos
was widely used in this area for decades.
From the 1940s through the 1970s, asbestos was used in the
construction of skyscrapers, commercial buildings, homes, and
schools throughout the Dallas-Ft. Worth Metroplex. Asbestos was
also used in North Texas power plants and on drilling rigs in the
oilfields of Texas.
Dallas mesothelioma lawyer, Ben DuBose, has over 15 years
experience successfully fighting for mesothelioma victims and
their families in Dallas, the state of Texas, and across the
United States. Ben has devoted his legal career to fighting for
hardworking Americans whose lives have been devastated by the
careless actions of asbestos companies.
Many clients choose Ben DuBose as their attorney because they want
a lawyer that provides a caring, personal approach to their case.
DuBose Law Firm clients enjoy a one-on-one relationship with Ben
instead of feeling lost in the shuffle of a large law firm with
thousands of legal files.
Ben DuBose is honored to represent the hard working men and women
who helped make this country great. "Our legal system is one of
the few places where the little guy can be on equal footing with
powerful corporations," he says. "As a lawyer, I'm proud to fight
for everyday Americans and to deter corporate misconduct."
Ben DuBose was born and raised in Dallas and has over 15 years
experience representing mesothelioma and lung cancer victims
across Dallas-Ft. Worth, the state of Texas, and throughout the
United States.
ASBESTOS UPDATE: UK Detectives Found Asbestos In Fake Cigarettes
----------------------------------------------------------------
Rob Preece at Dailymail.co.uk reports that fake cigarettes made
from human excrement, asbestos, mould and dead flies are being
smoked regularly in Britain, undercover detectives have found.
Investigators working for the tobacco industry have spent weeks
rummaging through litter bins for fag packets to assess the scale
of the black market.
They were astonished by the sheer volume of the illicit trade,
with about one third of packets found to have contained fakes or
cigarettes brought in by smugglers.
The survey in Birmingham by MS Intelligence, a Swiss-based brand
protection company, found that 30.9% of packets were either bogus
or purchased abroad.
A similar study conducted last year found the proportion was only
14.1% -- indicating that the number of illicit cigarettes smoked
in Britain's second-largest city has more than doubled in 12
months.
Customers who smoke counterfeit cigarettes have been warned they
are taking huge health risks. The UK Border Agency has
intercepted items containing asbestos, mould and human excrement.
A haul in Derbyshire found cigarettes made from the remains of
crushed flies.
Experts believe that MS Intelligence's findings may be merely the
tip of the iceberg.
HM Revenue and Customs (HMRC) estimates that non UK duty-paid
cigarettes cost the taxpayer up to GBP3.6billion in revenue during
the 2009-10 financial year.
A spokesman for the International Tax and Investment Centre, a
lobby group, said: "Duty goes unpaid on almost one in three
cigarettes smoked in Birmingham.
"But that does not include hand-rolled tobacco, of which HMRC
estimates as much as half is sourced on the black market."
MS Intelligence carried out the research on behalf of a number of
cigarette companies who are concerned that plans to introduce
plain packaging will help black market tobacco barons flood the
market with fakes.
Analysts collected 13,000 packets in Birmingham between April 3
and May 11.
Most of the bogus brands uncovered originated from the Far East,
predominantly from China, and some packets were so sophisticated
that they were almost identical to the real thing.
An MS Intelligence report on the investigation -- codenamed
Operation EDPC -- concludes that criminals have changed tactics.
It warns of a rise in the number of "illicit whites", which are
cigarettes manufactured for the sole purpose of being smuggled
into and sold illegally in another market, avoiding tax.
The report states: "Historically, it (the illicit market) was made
up of genuine brands of tobacco smuggled from lower-priced EU
countries.
"Currently, there are much more counterfeits and, increasingly,
illicit 'whites'."
The report continues: "Along with counterfeits, illicit whites
represent the most significant threat to legitimate trade and
tobacco revenues in the UK from large-scale organised
criminality."
One of the most popular "whites" found in the Birmingham sweep is
Jin Ling -- a cigarette which has enjoyed staggering under-the-
counter success.
In 2006, they were only found in Poland and neighboring nations,
but now they are changing hands in at least 16 EU countries.
Former Scotland Yard detective Will O'Reilly, currently carrying
out research for tobacco giant Philip Morris International, said
organized criminals were increasingly turning from peddling hard
drugs to tobacco.
Profit margins are said to be just as high because of the scale of
the operation, but detection rates are lower and punishment less
severe.
Recently, heroin and cigarettes have been smuggled together.
"Bring a container of cigarettes into this country and you're
talking a GBP1.5 million profit," said Mr O'Reilly. "Organized
crime is all over it.
"After a number of years in decline, there has been a sharp rise
in illicit cigarettes.
"That's partly down to the economy -- people can't afford the real
product -- and it is easier for counterfeiters to copy the
packets.
"Plans for plain packaging are simply playing into the hands of
organized criminals and counterfeiters because it will be so much
easier to make copies."
ASBESTOS UPDATE: Conventional Wisdom on Asbestos Reviewed
---------------------------------------------------------
The National Post Editorial Board relates that if political
strategists have any capacity for introspection, they should be
asking themselves some serious questions about the Parti
Quebecois' late-innings promise to cancel a $58-million government
loan to the Jeffrey Mine in the Estrie, and to end all exports of
chrysotile asbestos from Quebec.
Objectively, this is a no-brainer. The industry is paltry;
exports in 2011 amounted to just $41-million, or 0.07% of Quebec's
total. Even in the town of Asbestos, it employs an insignificant
fraction of the population.
For that meager payoff, Canada gets a black eye on the world stage
by joining Kazakhstan, Vietnam and Kyrgyzstan in opposing even the
addition of warning labels to exports: In June, Postmedia news
obtained a briefing memo to Environment Minister Peter Kent
indicating that the government had in the past "acknowledged all
criteria for the addition of chrysotile asbestos to the
[Rotterdam] Convention [on hazardous substances] have been met,"
but it nevertheless continues to oppose its addition.
Some continue to insist that chrysotile can be used safely. But
the conclusively and disturbingly documented fact is that in the
developing nations that buy the bulk of Quebec's asbestos --
notably India -- it is not used safely. This isn't akin to the
seal hunt, opposition to which is mostly based on a hypocritical
affinity for cuddly animals; or the oil sands, without which
Canada would instantaneously become a much poorer nation. The
only reason for politicians to prop up the asbestos industry, or
even allow it to continue, is that the Big Book of Conventional
Wisdom says they have to, or else suffer the wrath of Quebecers.
If the asbestos industry was centered in northern Alberta, every
federal party would long ago have thrown it under the bus. And
yet the federal Tories and (at least until recently) Bloc
Quebecois remain staunchly in its favor. The Liberals under
Michael Ignatieff finally took against it -- presumably that
position still holds -- but only after Mr. Ignatieff twisted and
squirmed and equivocated, no doubt fearing further humiliations in
the party's former Quebec stronghold.
If anyone had bothered to look, they would have discovered a
January 2011 Leger Marketing poll that found 76% of Quebecers
opposed to the $58-million loan guarantee (which outgoing premier
Jean Charest later sweetened to an outright loan), and 65% opposed
to the industry in general. Then the New Democrats went out and
swept Quebec with a platform that was totally anti-asbestos. And
then Ms. Marois, who exemplifies the sort of reactionary, "maŒtres
chez nous" mentality that strategists seem to fear, promised to
kill the industry as an explicit, last-minute election promise.
And now she is premier-elect.
The conventional wisdom on asbestos, which hasn't made any sense
for many years, has been shattered. And we are forced to wonder
how many other traditional third-rail issues might now safely be
touched. Supply management in the dairy industry -- the further
enrichment of a few wealthy dairy farmers in a few ridings, at the
expense of every non-vegan Canadian and the nation's free-trading
reputation -- comes immediately to mind.
ASBESTOS UPDATE: Six Pueblo County Schools to Spend for Abatement
-----------------------------------------------------------------
The Pueblo Chieftain reports the major projects and amount
allocated to each school under Pueblo County District 70 $59.5
million bond initiative:
Avondale Elementary ($381,164) -- Front entrance security,
improved vehicle traffic control, remodel media center, renovate
asphalt play area, air condition the gym and kitchen.
North Mesa Elementary ($1.4 million) -- Front entrance security;
media center addition; renovate asphalt play area; asbestos
abatement, carpet and tile replacement; restroom renovation; air
condition the gym.
South Mesa Elementary ($412,727) -- Front entrance security;
improve vehicle traffic control; restroom renovation; security
fencing on west property line; asbestos abatement, carpet and tile
replacement.
Vineland Elementary ($1 million) -- front entrance security,
preschool classroom addition to eliminate portable classroom,
improve vehicle traffic control, restroom, roof repairs, air
condition the gym.
Vineland Middle ($515,546) -- Front entrance security; restroom
renovation; remodel shop; add permanent classroom walls; asbestos
abatement, carpet and tile replacement; renovate asphalt play
area.
Pleasant View Middle ($696,558) -- Front entrance security;
partial roof replacement; restroom renovation; asbestos abatement,
carpet and tile replacement.
Pueblo County High School ($12.5 million) -- Complete
reconfiguration to address safety and functionality, centralized
front entrance, remodel of existing classrooms, restroom
renovation, performing arts addition, auditorium digital upgrades,
renovate art/ceramic studio, renovate JROTC room, expansion of
interior courtyard and commons area, stadium repairs and safety
upgrades, all-weather track and artificial turf, seven tennis
courts with lighting, auxiliary gym and locker room addition,
renovate wrestling and weight rooms, renovate pool and locker
room, new sewer plant lift station, security fencing around
campus, roof repairs, student drop-off and parking
reconfiguration.
Pueblo West Area Schools
Sierra Vista Elementary ($2.3 million) -- Front entrance security,
seven classroom addition with restrooms, install doors for
existing classrooms, roof coping repairs.
Desert Sage Elementary ($340,174) -- Front entrance security, ADA
accessible playground, crosswalk safety improvements, increased
exterior lighting, perimeter fencing and gates.
Liberty Point Elementary ($3.3 million) -- Front entrance
security, 10-classroom addition with restrooms, security fencing,
restroom renovation.
Prairie Winds Elementary ($3.2 million) -- Front entrance
security, seven-classroom addition and restrooms, security fencing
and gates, crosswalk safety and improvements.
Cedar Ridge Elementary ($213,971) -- Front entrance security,
security fencing and gates, additional playing field.
Liberty Point International Middle ($2.6 million) -- Front
entrance security, six-classroom addition with restrooms, security
fencing, roof repairs, restroom renovation, air condition gym.
Skyview Middle ($1.5 million) -- Front entrance security, four-
classroom addition, security fencing, wall finishes, air condition
gym.
Pueblo West High ($19 million) -- Ten-classroom addition, front
entrance security, cafeteria expansion, office relocation,
performing arts classrooms, auditorium addition, stadium
completion, all-weather track and artificial turf, eight tennis
courts with lighting, wrestling room remodel, weight room
expansion, parking infrastructure repairs, security fencing around
campus.
Mountain Schools
Rye Elementary ($903,897) -- Front entrance security; restroom
renovation; ADA accessible ramp to playground; new outdoor
classroom; asbestos abatement, carpet and tile replacement;
playground field replacement; sidewalk and driveway repairs.
Beulah School of Natural Sciences ($1.7 million) -- Front entrance
security; air conditioning/HVAC upgrades; restroom renovation;
asbestos abatement, carpet and tile replacement; ADA accessibility
to gym; playground field replacement, track improvements;
greenhouse addition; renovate asphalt play area.
Craver Middle ($676,945) -- Front entrance security; restroom
renovation; intercom system replacement; improve traffic control
to school and field; security fencing; sidewalk and rock wall
repair; shop expansion and outdoor work area.
Rye High ($5.5 million) -- Front entrance security; agricultural
sciences and mechanical shop addition; business and technology
classroom addition; performing arts light and sound renovation;
auxiliary gym extension; locker room renovation; window
replacement; all-weather track and artificial turf; sewer repairs;
gym floor replacement; school intercom system; culinary arts
classroom renovation; bus loop and parking improvements.
DISTRICTWIDE ($752,243) -- School-wide integrated security system;
server room security and power needs; charter school safety and
security.
ASBESTOS UPDATE: 10-Year Meso Survivor Honored for Advocacy
-----------------------------------------------------------
The Independent Press reports that Berkeley Heights resident
Bonnie Anderson has survived mesothelioma for over 10 years.
Through her efforts, Sept. 26 has been designated as Mesothelioma
Awareness Day in N.J. and the U.S.
With bipartisan support she continues to advocate for patients and
research funding to fight this disease. Both N.J.-Work
Environment Council and the Mesothelioma Applied Research
Foundation honored Anderson this year for her advocacy.
Mesothelioma is a fatal cancer caused by exposure to asbestos.
N.J. is fifth in the nation in mesothelioma deaths due to the
asbestos used in homes, schools and manufacturing. Asbestos use
is limited but not banned in the U.S., which continues to import
33% more asbestos-containing products than the previous years.
One-third of mesothelioma victims are servicemen who worked on
ships or in the Navy shipyards.
For more information or to help anyone dealing with mesothelioma,
contact curemeso.org
ASBESTOS UPDATE: Sioux City School Board Approves Abatement Plan
----------------------------------------------------------------
Nate Robson of the Sioux City Journal reports that the Sioux City
school board unanimously approved specifications for an asbestos
abatement project needed to prepare for the construction of two
new elementary schools.
Sept. 10's vote came after no one attended a public hearing to
address the project. The board also passed the specifications
without discussion.
The project includes removing asbestos from the former Hoover
Middle School, located at Hamilton and Country Club boulevards,
and the current Washington Elementary School on South Martha
Street. The Washington project also includes removing asbestos
from six adjacent homes that will be demolished to make room for a
new building.
Operations and Maintenance Director Mel McKern said the
specifications are required by the U.S. Environmental Protection
Agency, which classifies asbestos as a hazardous material.
Improperly removing asbestos can cause fibers to become airborne,
according to the Environmental Protection Agency. Those fibers
can cause health problems if inhaled.
Asbestos was once used as a fire retardant, according to the EPA.
McKern said a consultant estimated the total project at $381,000.
The project was scheduled to go out to bid Sept. 11.
The district wants to lump the projects together to save money
since one contractor will do all the buildings.
Work is projected to start this fall and last through the spring
of 2013.
ASBESTOS UPDATE: Plan to Form Office of Asbestos Safety Announced
-----------------------------------------------------------------
PSnews reports that a new government organization to establish and
coordinate a national approach to dealing with asbestos in
Australia has been announced by the Minister for Employment and
Workplace Relations, Bill Shorten.
Mr. Shorten revealed the plan as part of the Government's response
to an Asbestos Management Review.
Mr. Shorten said he was committed to establishing an Office of
Asbestos Safety which would be tasked with developing a national
strategic plan by July 1, 2013.
"As an insidious killer asbestos is a national issue requiring
urgent attention and greater national preventative coordination --
so we are making a concerted effort to address it," Mr. Shorten
said.
"A critical element of the recommendations is the establishment of
a body to oversee how we manage asbestos in Australia and how we
can reduce exposure to asbestos."
He said the Review made 12 recommendations to address asbestos
issues, one of which was a national coordinated effort. He said a
national strategic plan with the buy-in of all Australian
governments and political parties would be the foundation upon
which those efforts could be built and directed.
He said minimizing asbestos exposure was a responsibility of all
levels of government. "We have carefully considered the
recommendations contained in the Review," Mr. Shorten said.
"The recommendations highlighted the need for a new nationally
coordinated approach and national strategic plan to improve
asbestos awareness and management arrangements in Australia."
He said there had never been a comprehensive national strategy to
manage asbestos and raise awareness about it but the Commonwealth
would consult with State and Territory Governments to develop the
functions, structure and funding of the new asbestos office and
the content of the strategic plan.
ASBESTOS UPDATE: Southcross Project Contractors Fined $148,000
--------------------------------------------------------------
Fox San Antonio reports that several local developers have to pay
up for exposing employees to asbestos.
The labor department slapped several Miami-based and San Antonio-
based contractors with fines that add up to $148,000.
The government claims the workers at the Reserves at Pecan Valley
apartment complex on E. Southcross were exposed to asbestos during
a remodeling project.
Asbestos can scar lung tissue and lead to death.
ASBESTOS UPDATE: India Chief Minister Receives Call to Ban Fibro
----------------------------------------------------------------
Deccan Herald (New Delhi) reports that a Delhi-based
environmentalist has written to chief minister Sheila Dikshit
highlighting the harmful effects of asbestos.
Though the city government has banned asbestos roofs in new
schools, the ban has not been extended to other buildings or
products, the letter said.
"Nearly all vehicles in Delhi are laden with asbestos-based
components. There is no building in Delhi which is asbestos free.
I submit that given the fact that health is a state subject, you
can immediately initiate steps to stop procurement of all
asbestos-based products to safeguard public health of residents,"
said the letter written last week by Gopal Krishna, convenor of
ToxicsWatchAlliance.
Krishna said the government can set an example in preventing harm
to environment and health due to asbestos use.
"Delhi has the potential to become the first asbestos free state
in South Asia. More than 50 countries have banned production,
use, manufacture and trade of the asbestos because of threats to
life and public health," said Krishna.
He said India should stop getting raw asbestos fibers from
Russia's Ural Asbestos Mining and Ore Dressing Company, considered
the world's largest manufacturer, and cancel its asbestos trade
agreements with Canada, Kazakhstan and Brazil.
According to health experts, asbestos-related diseases include
lung cancer, mesothelioma and cancers of the ovary and larynx.
Krishna asked the government to start prevention efforts with the
help of a country-specific "national programs for elimination of
asbestos-related diseases" in line with International Labour
Organisation and World Health Organisation guidelines.
The National Human Rights Commission had issued notices to the
state government on July 6, 2011, and a statement on June 5, 2012,
alleging that the city government has not filed its status report
on victims of diseases caused by asbestos in the Capital, despite
reminders.
While protests in Muzaffarpur and Vaishali in Bihar have led to
closure of asbestos factories there, plants in Madhubani, West
Champaran and production of the material in Bhojpur districts are
facing resistance.
Villagers are protesting against proposed asbestos cement roofing
factories in Sambalpur and Bargarh district of Odisha, due to
which the Sambalpur plant has been halted. Protests against
asbestos factories in Himachal Pradesh and Andhra Pradesh are also
on.
ASBESTOS UPDATE: Caterer's Surviving Kin to Sue Lancashire County
-----------------------------------------------------------------
The Blackpool Gazette reports the family of a school caterer who
died from an industrial disease is preparing to make a claim
against County Hall.
An inquest heard Joyce Woodward, 80, of Mowbray Road, Fleetwood,
died after coming into contact with asbestos during her 40-year
career working in schools in the port.
Her daughter, Sue Partington, 56, from Thornton, said since the
inquest had confirmed an asbestos link, the family would seek
legal advice to pursue a claim against Lancashire County Council.
She said: "I think it's what she would have wanted.
"There wasn't a proper diagnosis before she died but now the
coroner has recorded her death is linked to asbestos exposure."
The inquest heard Mrs. Woodward, who was employed by the school
meals service, worked at Flakefleet and Chaucer Primary Schools
and Cardinal Allen High School.
The grandmother-of-two enjoyed an active life after retirement,
baking for family and friends, before she began suffering from
breathing problems.
Her health deteriorated and Mrs. Woodward was taken to Trinity
Hospice on May 5, where she died surrounded by her family on May
29.
A post mortem revealed Mrs. Woodward died from a rare, aggressive
form of mesothelioma called sarcomatoid.
Anne Hind, Blackpool Coroner, recorded a verdict of industrial
disease.
She said: "This is the frightening thing about this tumor -- the
exposure can be so long in the past. If the World Health
Protection Agency is to be believed, we are going to have a huge
explosion of deaths of this kind over the next decade. We have
had a lot more cases in the last few years than we have in the
last 20."
Mrs. Woodward's relatives said she is deeply missed by her family.
Mrs. Partington added: "It's sad that she was so active and
suddenly it was all taken away.
"She loved working in the schools, she loved the baking in the
schools, interacting between staff and getting to know the kids.
She must have made meals for thousands and thousands of meals for
children.
"We all miss her."
Bev Cullen, a solicitor at Lancashire County Council, said: "We
are sorry to hear of the death of our former employee, Mrs.
Woodward, and offer our sympathy to her family.
"If a claim is received from her family we shall of course deal
with it under the appropriate procedures, but are unable to
comment further at this stage."
ASBESTOS UPDATE: Locals Slam Wirral Council Over Dumped Fibro
-------------------------------------------------------------
Geoff Barnes of The Wirral Globe reports that a Wirral community
claim they were exposed to a life-threatening hazard for three
days after asbestos waste was dumped in an alleyway.
People in the Colwyn Street -- Falkland Street area of Birkenhead
have accused Wirral Council's Streetscene department of leaving
the hazard uncovered in an area where children play, despite a
visit by one of its officers.
A Globe reader who did not want to be identified, said: "Although
someone came out to investigate almost immediately and left a
warning sign that it was asbestos, they didn't even take the
simple precaution of covering the contents over.
"They merely left a trio of traffic cones linked by tape which, as
far as their effectiveness in deterring the attention of kids was
concerned, might as well have been party balloons and streamers."
The resident concerned covered the sack of asbestos with a plastic
sheet and added a piece of board as an extra precaution.
He said: "The asbestos waste was dumped in what is, in effect, a
public thoroughfare. This situation would be unlikely to go
similarly unaddressed in locations such as Meols or Hoylake.
"However for residents of this part of town, three or four days of
potential exposure to hazardous and life-threatening industrial
waste, seems somehow perfectly acceptable."
He said the official Health and Safety Executive guidelines for
dealing with fly-tipped asbestos underscored his concern about the
council's "wholly inadequate approach to dealing with a
potentially hazardous problem."
The guidelines advise that if the waste is in an inhabited area
access should be restricted until its removal; and the material
should be covered and dampened to prevent dust being blown about.
Councilor Harry Smith, Wirral Council cabinet member for
streetscene and transport services said he was unaware the
asbestos waste had not been covered.
He commented: "I don't think this was very helpful. I will get on
to the relevant department as ask for the matter to be pursued as
a matter of some haste."
ASBESTOS UPDATE: Contamination Ends FONCS Excavation Project
------------------------------------------------------------
Tom Bristow at eveningnews24.co.uk reports that The Friends of
Norwich City Station (FONCS) began excavating the former city
station at the start of Marriott's Way, near Halfords, in 2010.
But in April this year, they were asked to stop while Norfolk
County Council tested for contamination.
The county council has now said the volunteers will have to stop
their work after the discovery of asbestos and cyanide, following
tests in July.
Graham Wray, from Norfolk Property Services, which is owned by the
county council, said: "Since taking over the running of the site
in May we quickly identified several issues including fly-tipping,
littering and poorly maintained trees.
"We also wanted to investigate any possible problems in the ground
as it is an old industrial area and site of the former Norwich
City Station."
The contamination was found under the former engine shed, while a
chemical from coal tar was discovered around the platform, which
the volunteers had been excavating.
NPS said it will now look to plant trees and concrete over the
contaminated areas so people can visit it in the future.
Mr. Wray added: "We are satisfied that people using the Marriott's
way path can continue to do so safely."
Jon Batley from FONCS said they had contacted the city council to
see who owned the land when they started work in December 2010.
They unearthed a platform which they hoped would make an
impressive landmark for the start of Marriott's Way.
The 41-year-old said it was a "crushing blow" that the group's
work would have to end.
He said: "It is heartbreaking, but it is not our land. There is
nothing we can do about it."
Mr. Batley, who lives on Drayton Road, said they now hoped to
carry out excavation work elsewhere, but he said they were in the
county council's hands.
ASBESTOS UPDATE: Request for Biopsy on Living Plaintiff Denied
--------------------------------------------------------------
Chris Placitella at mesotheliomalegalblog.com reports that an
asbestos defendant cannot reserve the right to autopsy its
terminally ill opponent, a judge ruled, setting a precedent in
Missouri and perhaps nationwide.
Roy Duncan says asbestos exposure caused him to develop
mesothelioma, an especially deadly form of lung cancer.
Noting that Duncan could die before trial, Reicchold Inc., one of
the companies Duncan has sued, asked the 22nd Judicial Circuit
Court to let it conduct a "postmortem biopsy" to preserve 5 grams
of Duncan's lung tissue for testing.
Duncan's attorneys with Simmons Browder Gianaris argued that there
is no legal precedent for such an order and that autopsy decisions
belong to the deceased's family.
Judge Bryan Hettenbach sided with Duncan, finding that the biopsy
is still an autopsy.
Autopsies involve public policy issues and issues involving
property rights to the body of the deceased, according to the
ruling.
Reicchold also failed to specify whom its proposed autopsy order
would target, and what it would say, the judge found.
An order directed to Duncan is problematic because Duncan is not
deceased. Conversely, an order directed to Duncan's personal
representative is problematic because the representative does not
have property rights to Duncan's body until after his death.
"Finally, the balance of the scientific arguments made by both
parties make it appear unlikely that the results of the testing of
the autopsy lung tissue would be conclusive as to defendant's
liability on plaintiffs' claims in this case," Hettenbach wrote.
"Moreover, even if one accepts that more information is generally
better than less, it appears less than certain that the test
results here would even be probative."
Simmons Browder Gianaris shareholder Ted Gianaris said Reicchold
had tried to prove that it used "safe asbestos" or that there was
no asbestos at all in Duncan's lungs.
Asbestos defendants routinely try to claim that they use "safe
asbestos," when in reality all asbestos causes mesothelioma,
Gianaris said.
"The defense's argument distracted from the actual issue in this
case: Mr. Duncan was poisoned by asbestos exposure decades ago,
not by what might be in his lungs today," Gianaris told Courthouse
News. "The court seemed to recognize the autopsy was not going to
provide probative evidence and was likely a red herring."
Hettenbach's ruling sets precedent for such motions in Missouri.
Gianaris believes asbestos defendants will continue to make such
requests in cases throughout the country, but hopes Hettenbach's
decision will influence how other courts rule on the matter.
"Mr. Duncan is alive and fighting the terminal disease
mesothelioma," Gianaris told Courthouse News. "He should get his
day in court this fall. The judge's ruling gives his family peace
of mind that they will not be ordered to do something against
their will down the road. . . . We think this order ends the
argument."
ASBESTOS UPDATE: Housing Firm Exec Says Fibro Posed No Risk
-----------------------------------------------------------
The Shields Gazette reports a family from South Tyneside want to
be moved after housing bosses told them their home contains
asbestos.
Ian and Rebecca Swindell moved into their South Tyneside Homes
(STH) property in Bardon Court, Harton Moor, South Shields, three
years ago.
They knew the majority of the walls were covered in Artex, but it
was only by chance, six weeks ago, that workmen discovered they
contained the potentially killer substance.
Mr. Swindell, 47, said: "They must have been aware three years ago
that the Artex was likely to contain asbestos, but yet they still
moved us in.
"We have children living in this house, and we now don't feel it's
safe or healthy for them to be in this kind of environment.
"All we have been told is not to chip the walls and everything
should be fine.
"That's all very well and good when there's youngsters running
about."
The couple who are parents to Grant, four, Jake, 11, and Sophie
18, only found out their house was contaminated only by accident.
An officer from STH, who was dealing with an unrelated issue with
a skirting board, used the toilet and heard an odd noise.
After finding the ceiling's ventilation fan had been boxed in, but
was still working, he arranged for it to be removed.
Before workers could remove it, routine tests were carried out on
the plaster, and it was then found asbestos was present.
Mr. Swindell said: "The walls are an awful green color.
"We want to redecorate, but we've been told not to disturb the
plaster.
"The bathroom has been left in a right mess too, we've been told
we need to use a special kind of paint over the new plaster, but
nobody has bothered to tell us what kind.
"We are fuming.
"Families with young children shouldn't be left in houses which
are known to contain asbestos."
Mark Whittle, Director of Investment for South Tyneside Homes,
said: "We can confirm that we made an appointment to replace the
extractor fan in Mr. Swindle's home on Aug. 23.
"Due to the presence of asbestos safely sealed within the Artex
ceiling, we arranged for an HSE Licensed Asbestos Contractor to
assist with this initial work.
"Following the completion of this, two of our team leaders visited
the property on Aug. 24, but realized the finished quality of the
ceiling was not up to our usual high standards so arranged the
removal and reinstatement of the entire ceiling.
"The ceiling was removed and re-boarded on Friday, Sept. 14, with
follow-up works completed on Saturday, Sept. 15 to minimize the
disruption to the tenants and their family.
"We have arranged for our own Property Services to carry out some
minor adjustments to the fixings of the lights and to fit the
shower rail.
"We must stress that the Artex was sealed and in good condition
and therefore posed no risk to Mr. Swindle and his family.
"Artex, like other asbestos containing materials, is safe so long
as it is not disturbed and we have arranged for our asbestos
manager to contact Mr. Swindle to allay any fears and answer any
queries he might have."
ASBESTOS UPDATE: Caterpillar, 75 Others Face Meso Lawsuit
---------------------------------------------------------
Kyla Asbury of The West Virginia Record reports that a Signal
Mountain, Tenn., spouse is suing 76 companies for a mesothelioma
diagnosis and death.
On April 28, John Elmer Simons was diagnosed with mesothelioma,
from which he died on June 27, according to a complaint filed
Aug. 30 in Kanawha Circuit Court.
Willie H. Simons claims John Simons was exposed to asbestos during
his employment as an electrician from 1953 until 1992.
John Simons smoked one pack of cigarettes per day from 1947 until
1974, but then quit, according to the suit.
Willie Simons claims certain defendants are also being sued as
premises owners and as John Simons' employers for deliberate
intent/intentional tort.
The defendants are being sued based on theories of negligence,
contaminated buildings, breach of expressed/implied warranty,
strict liability, intentional tort, conspiracy, misrepresentations
and post-sale duty to warn, according to the suit.
Willie Simons is seeking a jury trial to resolve all issues
involved. Willie Simons is being represented by Victoria Antion
-- vantion@motleyrice.com -- Scott A. McGee --
smcgee@motleyrice.com -- and Jimmy F. Rodgers, Jr.
The case has been assigned to a visiting judge.
The 76 defendants named in the suit are A.W. Chesterton Company;
Air & Liquid Systems Corporation; American Producers Supply WV,
LLC; Armstrong International, Inc.; Aurora Pump Company; Bayer
Cropscience LP; Bechtel Corporation; BW IP, Inc.; Catalytic
Construction Company; Caterpillar, Inc.; Certainteed Corporation;
Cleaver-Brooks Company, Inc.; Copes-Vulcan, Inc.; Crane Co.; Dravo
Corporation; E.I. Dupont De Nemours & Co.; Eaton Electrical, Inc.;
Flowserve US, Inc. f/k/a Durco International, Inc.; Flowserve US,
Inc. f/k/a Flowserve FSD Corporation; Fluor Enterprises, Inc.;
Fluor Enterprises, Inc., as successor-in-interest to Fluor Daniel;
FMC Corporation; Foster Wheeler Energy Corporation; Gardner
Denver, Inc.; General Electric Company; Goulds Pumps, Inc.;
Grinnell Corporation; Hercules, Inc.; Howden Buffalo, Inc.; I.U.
North America, Inc.; IMO Industries, Inc.; Inductotherm
Industries, Inc.; Industrial Holdings Corporation; Ingersoll-Rand
Company; ITT Corporation; Joy Technologies, Inc.; Lockheed Martin
Corporation; McJunkin Corporation; Metropolitan Life Insurance
Company; Nitro Industrial Coverings, Inc.; Ohio Valley Insulating
Company, Inc.; Owens-Illinois, Inc.; P&H Mining Equipment, Inc.;
Pettibone/Traverse Left, LLC; Premier Refractories, Inc.; Rapid
American Corporation; Reading Crane and Engineering Company; Riley
Power Inc.; Rockwell Automation, Inc.; Rust Constructors, Inc.;
Rust Engineering & Construction, Inc.; Schneider Electric USA,
Inc.; Seco/Warwick Corporation; Spirax Sarco, Inc.; State Electric
Supply Company; Sterling Fluid Systems, LLC; Sunbeam Corporation;
Surface Combustion, Inc.; Swindell Dressler International Company;
Tasco Insulations, Inc.; the Alliance Machine Company; the Chapman
Valve Manufacturing Company; the Gage Company; the Nash
Engineering Company; the William Powell Company; Trane U.S. Inc.;
UB West Virginia, Inc.; Uniroyal, Inc.; United Engineers &
Constructors and Washington Group International; Viacom, Inc.;
Viking Pump, Inc.; Vimasco Corporation; Warren Pumps; West
Virginia Electric Supply; Yarway Corporation; and Zurn Industries,
Inc.
Kanawha Circuit Court case number: 12-C-1756.
ASBESTOS UPDATE: Call to Remove Carcinogens Near MCCAA Unheeded
---------------------------------------------------------------
Jurgen Balzan of MaltaToday reports that calls to remove a
decaying asbestos roof adjacent to the Malta Competition and
Consumer Affairs Authority (MCCAA) offices in Blata l-Bajda, which
potentially constitutes a health hazard to over 100 employees,
have so far fallen on deaf ears.
The MCCAA was moved to the offices just over a year ago, after the
government leased Mizzi House in Blata l-Bajda for EUR300,000 per
year. It later transpired that there are asbestos panels on a
roof adjacent to the MCCAA offices; and the authority's air
intakes of the heating, ventilation and air conditioning (HVAC)
system are in close proximity to the carcinogenic material.
Faced with complaints from employees, the authority claims that
the 'legal value' of asbestos has not been exceeded inside the
offices; however the amount of asbestos needed to cause health
hazards, including cancer has never been scientifically
determined.
Tests were carried out by Dr. George Peplow, allegedly an old
acquaintance of the MCCAA chairman, Francis Farrugia. However he
is neither a toxologist nor a health scientist.
Moreover, various EU and international standards stipulate what
kind of HVAC and filtration systems should be in place at
workplaces. Employees have confirmed with MaltaToday that the
systems installed at the MCCAA are not adequate, especially
considering that the offices are situated in a heavily polluted
area.
Ironically, the authority houses the Standards and Metrology
Institute which among other things, sets standards for and
enforces quality of life, safety, health and the protection of the
environment.
After coming under the scrutiny of the media, the authority has
decided to make some changes in the HVAC system, and replaced
pieces of foam intended to protect the motors of ventilators with
a Honeywell ACA-5018E pre-filtering equipment which could be
bought online for around EUR25.
Although this is a minor improvement on the ventilation system, it
does not constitute a major improvement needed to filter the
pollution.
For months, the employees have been demanding action to be taken
but until recently neither the unions representing the employees
nor the Occupational Health and Safety Authority (OHSA) took the
authority to task over the health hazard.
In recent weeks, the General Workers Union and the OHSA issued a
number of statements, however the only tangible result so far was
a confirmation that the situation was being monitored. Yet,
employees at the authority insisted that while monitoring the
levels of asbestos was important, the problem can be easily
resolved by removing the asbestos panels.
The 10-year lease the government signed for Mizzi House in October
2011, with Mizzi Estates Limited stipulating that the government
will pay EUR300,000 per annum for the first two years rising to
EUR427,000 in 2021.
Over the 10-year period, the government will be paying EUR3.55
million to lease the main building and an additional EUR207,500 to
lease the garage.
Mizzi House belongs to the Mizzi Organisation, which holds various
business interests including automotive; tourism and leisure;
manufacturing; services; real estate and mechanical and
engineering contracting.
Before entering the political scene, Prime Minister Lawrence Gonzi
was the company lawyer of the Mizzi Organisation, for whom he also
served as Group Chairman between 1989 and 1997.
In a statement, the Occupational Health and Safety Authority said
that there was no law that requires an employer to remove asbestos
at his place of work.
"As a matter of fact, asbestos which is in a good state of
maintenance and repair should be left in place to avoid creating
new and unnecessary risks which would be very difficult to
control," an OHSA spokesperson said.
In the situation that is described, the risk is being created by a
third party, which is not covered by OHS laws. "OHSA is not
empowered at law to order the 'third party' to remove the asbestos
solely because, in theory, it may cause a hitherto undemonstrated
risk to neighboring establishments," the authority's spokesperson
said.
"What OHS legislation requires is that the employer, in this case
the MCCAA, evaluates the situation and to quantify the risks, if
any, of exposure. OHSA has ensured that the necessary hazard
evaluation and risk assessment have been carried out according to
the requirements of the law, meaning that such an analysis is
carried out by a suitably competent person.
"In actual fact, OHSA is convinced of the professional integrity
and competence of the person contracted by the employer to carry
out such evaluations. OHSA will also be ensuring that the
situation will continue to be monitored by the employer, and
should the circumstances change, and warrant any enforcement
action, OHSA will not hesitate to ensure that all protective and
preventive measures are taken."
The OHSA said it is not in a position to divulge, for reasons of
confidentiality, the results of the analysis concerning (a) the
state of the asbestos roofing and its level of deterioration, and
(b) the airborne asbestos fibre count. However, OHSA confirms
that these results are well below internationally acceptable
standards.
OHS legislation also requires an employer to make available all
documentation on any matter that may affect the workers' health
and safety.
"The relevant regulations also give the right to workers of being
consulted through their health and safety representatives
appointed according to the General Provisions at Work Places
Regulations.
"On this matter, such workers should make full of their right and
seek to obtain copies, if these have not been made available, of
all analysis, measurements and assessments."
ASBESTOS UPDATE: Japanese Survey Says Old Chimneys Release Fibro
----------------------------------------------------------------
The Japan Times reports that asbestos used as insulation material
for chimneys could peel off and become airborne from chimneys at
tens of thousands of buildings nationwide, according to a survey
released Wednesday, Sept. 12.
The Tokyo Occupational Safety & Health Center, a nonprofit
organization that led the study, said the carcinogen can be found
in chimneys at schools, hospitals and factories, including those
built between the 1960s and 1990s.
The center said the material, which can cause lung cancer and
other diseases, may not pose a serious public health hazard in
areas near the chimneys as its density will dissipate in the
atmosphere. But it urges that asbestos in chimneys be removed or
that the stacks be sealed.
In a study that started in 2009, the center looked at nine aging
chimneys, all of which were found to be releasing asbestos.
ASBESTOS UPDATE: Ex-Soldier Gets Payout From 3 Employers
--------------------------------------------------------
Alice Hutton for the Camden New Journal reports that an ex-soldier
died of a "horrific" lung cancer triggered by contact with
asbestos-riddled pipes, an inquest has heard.
Peter Turner won compensation from three separate employers after
contracting the fatal condition brought on by contact with the
now-banned substance formerly used as insulation in buildings.
St. Pancras Coroner's Court heard on Thursday, Sept. 13 how the
77-year-old died about 18 months after being diagnosed with an
"aggressive tumour" in his lung.
The grandfather-of-four, who lived with his wife Rene, 75, in
Castle Road, Kentish Town, worked at The Royal College of Surgeons
in his early 20s and later at the City of London Real Property
Company and Marsh Services.
Rene told the court that her husband, who was stationed with the
British Army in Korea after he left school, "had to remove
asbestos insulation within buildings where he worked. He often
worked in confined spaces and could not avoid breathing in the
dust. It created dust that covered his face and clothes."
He retired in 1990 but it was not until 11 years later that
symptoms, such as extreme breathlessness and chest infections,
began to appear. The father-of-three was formally diagnosed in
March 2011.
He died on July 12 at a Marie Curie Cancer Care hospice in
Hampstead after his condition suddenly deteriorated.
Rene said: "It was a shock. He had only gone in for a rest. It
was very quick."
Coroner Dr. William Dolman told the family: "As a family doctor
and coroner I have also seen that when people relax and when they
are being cared for well and feel safe, they often let go."
He said Mr. Turner died of the industrial ?disease of malignant
mesothelioma, adding: "It is a horrific type of lung cancer which
in over 95% of cases is associated with exposure to types of
asbestos.
"It was in 1990 that he retired and there was, not unexpectedly,
an 11-year gap before this aggressive tumor was found."
ASBESTOS UPDATE: Death Toll From Fibro Rises in West Australia
--------------------------------------------------------------
Alison Batcheler of The West Australian reports that the Office of
Asbestos Safety, announced by the Federal Government, will develop
a plan to remove asbestos from government and commercial buildings
by 2030 and label asbestos in homes to alert tradesmen, tenants
and buyers.
This incurable cancer occurs in the pleural tissue layers that
coat the inside of the chest wall and the outside of the lung and
is almost always caused by asbestos exposure, according to Edward
Fysh, Sir Charles Gairdner Hospital respiratory physician and Lung
Institute of WA researcher.
Once inhaled, the long, pointy, sharp asbestos crystals spear
through the airway walls and deposit in the pleural space, where
they cause ongoing, low-grade inflammation. The immune system
often fails to clear these fibers.
These fibers over time, often 20-40 years after inhalation, lead
to the development of mesothelioma. While not all people exposed
to asbestos will develop mesothelioma, a small exposure can be
enough to trigger the cancer.
Dr. Fysh said there were about 100 new cases of mesothelioma
diagnosed each year in WA, causing an estimated 650 admissions to
hospital each year. The median survival time is just under a
year.
There is no cure and chemotherapy could only extend life by an
average of three months. Most patients suffer from rapid build-up
of fluid causing breathlessness and a fear of drowning.
A new technique of inserting an indwelling catheter to drain the
fluid -- recently developed by Dr. Fysh and colleague Professor
Gary Lee -- has helped reduce breathlessness and reduced the need
to visit hospital for drainage procedures.
The Toll:
-- The number of new cases in the Western world is expected
to peak in 2020 but there will be a long "tail" of cases for years
after, according to Dr. Fysh.
-- About 1,631 West Australians were diagnosed with
mesothelioma between 1960 and 2008. Most worked in mining and
milling asbestos products.
-- From 1981 to 2008, 87 cases of malignant mesothelioma were
linked to home maintenance or renovation.
-- In 2005-08, home renovators accounted for 8.4% of all men
and 35.7% of all women diagnosed.
-- There have been at least 4,700 deaths from mesothelioma in
Australia since records began in the early 1980s.
-- It is estimated more than 25,000 Australians will die over
the next 40 years.
Other Asbestos-Related Diseases:
-- Pleural disease -- inflammation of the membranes (pleura)
that line the lungs and chest cavities causing the tissue to
stiffen and thicken and the accumulation of fluid, restricting
breathing.
-- Asbestosis -- airways and lung tissue become inflamed,
scarred and stiff, preventing oxygen passing into the blood and
making breathing difficult.
-- Lung cancer -- asbestos fiber exposure greatly increases
the risk of lung cancer, particularly among smokers.
ASBESTOS UPDATE: NYPL-Bloomingdale Up for Abatement in December
---------------------------------------------------------------
Emily Frost at DNAinfo.com New York reports that the public
library branch at 100th Street and Columbus is set to close for
several months at the end of the year for a series of renovations
-- including asbestos removal, city officials confirmed.
The NYPL's Bloomingdale branch at West 100th Street and Columbus
Avenue will be closed beginning in December for asbestos removal,
renovations to its windows and better exterior lighting, library
and city officials confirmed.
Joseph Soldevere, a spokesman for the Department of Design and
Construction, confirmed that the 51-year-old building has asbestos
that needs to be removed, adding that "such [asbestos] abatements
are routine for buildings of this age."
"We are following numerous safety protocols, as well as all city,
state, and federal regulations as we complete this work," he
added, saying that the work is set to begin in December and "will
continue for at least three months."
Soldevere could not confirm the length of time the library would
be closed, but said "we will do our utmost to minimize any
disruptions to the library's operations."
A spokeswoman for the NYPL said the "massive restoration" of the
branch will include better heating, improving windows, better
lighting outside, and reconstruction of the facade and interior.
"They're doing a fa‡ade restoration and upgrading the heating and
the windows. There's some serious reconstruction of the exterior
and the interior," said Amy Geduldig, public relations manager for
the New York Public Library.
"The building is safe and secure for public use," she said.
Geduldig said the exact timeline for closure is still in flux, but
Bloomingdale's head librarian Rebecca Donsky told the local
community board at its September meeting that the library would be
closed for two months as early as the beginning of October.
Part of the project will include improving the building's exterior
lighting. Safety outside the library has been a concern for
patrons and the head librarian.
Though the library is across from the 24th Police Precinct, Donsky
reported feeling threatened by groups of unruly teens hanging out
outside the library after hours last year.
ASBESTOS UPDATE: Sibling Shocked of Ex-Stanton Worker's COD
-----------------------------------------------------------
The Ilkeston Advertiser reports that a pair of siblings were
"surprised" to hear that their ex-Stanton worker brother had died
from the effects of inhaling asbestos, during an inquest into his
death.
James Cope, 85, was taken to Royal Derby Hospital after a fall at
his home at Hazelwood Nursing Home, Cotmanhay.
He died two days later on Feb. 3, but a post mortem found that he
had died from pulmonary asbestosis -- something he had never been
diagnosed with.
Consultant pathologist Dr. Andrew Hitchcock, who examined Mr.
Cope's body, told Derby Coroner's Court: "If he had not had his
fall and broken his leg, sooner or later -- probably sooner ? he
would have died of pulmonary asbestosis. Perversely if he had not
had lung disease he may well have survived his fracture."
Documents revealed that he worked at Stanton from 17 and then at
Chilwell Ordnance Depot until he retired -- both places where he
could have been exposed to asbestos.
On hearing Dr. Hitchcock's evidence, Mr. Cope's brother Bryan
said: "That's come as a shot right out of the blue."
Deputy assistant coroner Louise Pinder recorded a verdict that Mr.
Cope had died as a result of industrial disease.
ASBESTOS UPDATE: Sleaford Property Restorer Fined GBP4,000
----------------------------------------------------------
Thisislincolnshire.co.uk reports that a property restoration and
development company in Sleaford has been fined after workers and
the public were exposed to asbestos.
J Hodgson and Sons Ltd, of Carre Street, disturbed asbestos
insulating board during refurbishment work at the former White
Hart pub in Southgate in the town between March and June 2011.
The company placed the material in an open skip close to a busy
thoroughfare in the early stages of stripping out the building.
A surveyor visiting the premises reported this to the Health and
Safety Executive (HSE), which immediately served a Prohibition
Notice stopping all work at the site until the firm employed a
licensed asbestos removal company to take the material away.
At Lincoln Magistrates' Court, J Hodgson and Sons Ltd pleaded
guilty to two separate breaches of the Control of Asbestos
Regulations 2006 for failing to prevent the spread of asbestos and
exposure to it. The company was fined GBP2,000 and ordered to pay
costs of GBP2,000.
After the hearing, HSE inspector Sam Russell said: "The company
first put workers' health at risk by disturbing asbestos and then
that of the public by putting the insulation board in an open skip
close to a busy thoroughfare between a car park and Sleaford's
main shopping area.
"Asbestos-related diseases kill more than 4,000 people a year.
"Asbestos is still prevalent in many buildings and has to be
managed correctly. Operatives and companies must be trained to
work with this potentially deadly material to make sure no-one is
put at risk."
Further information on managing risks and working safely with
asbestos can be found online at www.hse.gov.uk/asbestos
ASBESTOS UPDATE: Dublin School Demolition Timing Upsets Parents
---------------------------------------------------------------
John M. Zukoski for Around Dublin reports that students and
residents in Dublin, CA are excited about the demolition of
40-year old buildings at Dublin High School, as Dublin Unified
School District (DUSD) clears way for the brand new performing
arts center. Expected to be completed by fall 2014, the
performing arts center construction is being funded by Measure C
bond proceeds. While most recognize that the new performing arts
center will be a welcomed addition at Dublin High School, some
parents are questioning the timing of the demolition.
"As a Dublin citizen I am very pleased to see all the improvement
at this wonderful high school, but I find the timing a little
disturbing," said Cynthia Santos, mother of two former Dublin High
School graduates. "Don't you think it would have been a much
safer decision for our DHS students and faculty had they done all
this demo work over the summer when there were no students
present?"
Drawing on her professional expertise from the construction
industry, Santos raised health and safety concerns with the
unfortunate timing of the demolition. "The old 1960's buildings
being torn down have a high likelihood of containing asbestos and
lead, both proven to be a health hazard. As far as I am concerned
there are NO 'acceptable levels' when it comes to my children. It
seems very irresponsible to start the demo during the first week
of school," said Santos.
Asbestos is a set of six naturally occurring silicate minerals
used commercially for their desirable physical properties.
Asbestos became increasingly popular among builders in the late
19th century because of its affordability, sound absorption,
average tensile strength, and resistance to fire, heat,
electrical, and chemical damage. It was used in such applications
as electrical insulation for hotplate wiring and in building
insulation.
Disturbing asbestos materials may generate airborne asbestos
fibers. Asbestos is only dangerous if it becomes airborne. To be
a significant health concern, asbestos fibers must be inhaled over
an extended period of time. Asbestos fibers then accumulate in
the lungs and can lead to diseases like asbestosis and
mesothelioma. As exposure increases, the risk of asbestos-related
diseases also heightens.
Asbestosis is a scarring of the lung tissue. The scarring impacts
the elasticity of the lungs and lowers its ability to transfer
oxygen and carbon dioxide. Asbestosis is a slowly progressive
disease and can take 15 to 30 years to develop.
Mesothelioma is a type of cancer. This disease attacks the lining
of the space holding the lungs, called the pleura. Mesothelioma
is considered to be exclusively related to asbestos exposure.
Mesothelioma may take 30 to 40 years to develop.
Not all parents share the same health and safety concerns raised
by Santos. "This project takes place away from the normal travel
paths and is isolated by fencing. They encapsulate the areas that
have asbestos and make sure it stays contained," assured another
Dublin parent who has been involved with Dublin school district
matters. "This project will last for an extended time and would
have always had to occur with students in place. Summer projects
are normally reserved for those that need to have the students not
attending the area."
Dublin High School's performing arts center will include a 500-
seat theater, dressing rooms, scenery shop, band classroom, choir
classroom, practice rooms, drama classroom, and a video production
classroom.
ASBESTOS UPDATE: Coroner Says Emsworth Man's Death Work-Related
---------------------------------------------------------------
Portsmouth News reports that an Emsworth man died from asbestos
poisoning having been exposed to the material when he worked as a
laborer.
At an inquest into the death of Keith Rogers, it was heard the 63-
year-old was 'very healthy' until September 2011.
In information provided by his ex-wife Constance, read out by
coroner's officer Lyn Ralfe, it was heard at that point he started
having shortness of breath.
He went to his GP and was prescribed medication for gout, but by
the end of April he was still unwell and was sent for a biopsy at
St. Richard's Hospital.
Mr. Rogers, of Westbourne Road, was found to have mesothelioma,
and was cared for by his family until he died on Aug. 8.
A statement from Mr. Roger's solicitor was read out, stating the
laborer had worked with asbestos lagging early in his career.
Coroner for West Sussex Penelope Schofield recorded that he died
from an industrial disease.
ASBESTOS UPDATE: Canada Lets Go of Asbestos to Global HazMat List
-----------------------------------------------------------------
Randall Palmer of Reuters reports that Canada dropped its longtime
opposition on Friday, Sept. 14, to the international listing of
asbestos as a hazardous material, a designation intended to curb
the use abroad of the fire-resistant substance, which can cause
cancer and other illnesses.
Canada had been the main opponent of such a listing, which would
require exporters to warn importing countries of the hazards of
asbestos, and would allow countries to ban its import. The
listing would not of itself ban its sale.
Industry Minister Christian Paradis said he made the decision as a
logical consequence of plans by Quebec's provincial premier-
designate, Pauline Marois, effectively to end the production of
the substance. Quebec is the only place in Canada where it's
produced.
Canada had long worked against the listing under the United
Nations' Rotterdam Convention, fearful that it would put Quebec
asbestos mining out of business.
"It would be illogical for Canada to oppose the inclusion of
chrysotile (asbestos) in . . . the Rotterdam Convention when
Quebec, the only province that produces chrysotile, will prohibit
its exploitation," Paradis said.
He made the announcement in Thetford Mines, his birthplace in the
heart of his electoral district, and once a huge player in
asbestos production.
Canada has been the only Western developed country to export
asbestos, which is estimated to kill more than 100,000 people
around the world every year. It had continued to export it even
though it strictly regulated its use domestically.
From 1900 through 2003, it accounted for one-third of all
worldwide production of all types of asbestos, according to the
U.S. Geological Survey. Only Kazakhstan and Russia collectively
produced more.
But asbestos production had been dwindling in Canada. According
to the U.S. Geological Survey, it dropped to fifth on the list of
asbestos producers in 2011, with production less than a third of
what it had been five years previously.
Only six countries were producing quantifiable amounts of asbestos
last year: Brazil, Canada, China, India, Kazakhstan and Russia.
It is still used to strengthen cement products and roof shingles,
and the industry says those uses are safe.
Successive Canadian governments had refused to step in and ban
asbestos production, arguing that if used appropriately it was not
harmful, but they were embarrassed at international meetings when
they defended its use.
The outgoing Liberal government in Quebec had announced a CAD58
million ($60 million) loan to restart the Jeffrey Mine, which
would have been the only active asbestos mine in the province, but
the incoming Parti Quebecois, elected on Sept. 4, has pledged to
cancel that loan, with the resulting end of asbestos output in
Canada.
ASBESTOS UPDATE: Two Maili Playgrounds Tested for Contamination
---------------------------------------------------------------
Kristine Uyeno at khon2.com reports that two playgrounds in Maili
that were supposed to be renovated are now being tested for lead
and asbestos.
This comes after KHON2's "Action Line" report on Wednesday,
Sept. 12.
Maili residents expressed concern over playgrounds that were
demolished but never cleared.
Since the story aired, the State has removed the equipment and
taken samples for tests.
Workers wearing masks and gloves, remove the rubber pieces of a
demolished playground. They spent the morning of Friday, Sept. 14
clearing the playground equipment at Maili One, which is owned by
the Hawaii Public Housing Authority.
"I am relieved that they came and cleared it," said Dawn Clarke,
resident.
Clarke, who contacted KHON2's Action Line, says, "the playgrounds
were demolished over a month ago. But the equipment was left like
this and not roped off. We checked out the area on Wednesday,
Sept. 12 and just before we left, a crew arrived and put up a
barricade. Some parents also expressed concern, because their
children began coughing, right after the playgrounds were torn
apart."
"Like something's jumping in my throat and it hurts," said Maile
Clarke, Dawn's daughter.
Doctors took x-ray's of the 7-year-old girl's lungs.
"And if you see all this gray cloudy stuff that's in here, that's
the bronchial infection," Clarke said.
"They're giving her a cocktail of a bunch of different
antibiotics. A total of 8 so far, because it's a guessing game,
they don't know what they're treating," Clarke said.
So she has taken samples of the playground to a lab in Kaimuki.
She says the lab is doing this for free, after seeing the story on
KHON2. The state also took samples of the rubber surface and
equipment to test for asbestos and lead. Results are expected
within a week.
"Why did this happen? Why was this allowed to happen here? The
stuff is gone, but I still haven't gotten any answers," Clarke
said.
Although the State owns the 20-unit property, it is managed by the
private company Realty Laua. The company took over management
after the previous property manager's contract expired. The
Hawaii Public Housing Authority said the playgrounds were being
renovated but they had no idea about the situation, until KHON2
contacted them.
ASBESTOS UPDATE: Battle of Gettysburg Electric Light-Up Map Sold
----------------------------------------------------------------
The Associated Press reports that the electric light-up map that
educated visitors at the site of the Battle of Gettysburg for
decades has sold at auction for $14,000.
The 30-by-30-foot map weighs 12 tons and was made partly out of
asbestos. It was featured inside an auditorium in the Gettysburg
National Military Park's old visitor's center in Gettysburg, Pa.
It was sold online Friday, Sept. 14, by the federal government
because the National Park Service no longer wants or needs it.
The map helped people understand the Civil War's bloodiest battle
by using blinking lights to demonstrate the positions of landmarks
and the progress of the armies on a topographically accurate
depiction of the site. It was up and running in 1963 for the
battle's 100th anniversary. It became obsolete in 2008 after a
new visitor's center opened.
Information about the winning bidder hasn't been disclosed.
ASBESTOS UPDATE: Clean Up Of Infamous Wilton Building Almost Done
-----------------------------------------------------------------
The Associated Press reports that Maine environmental officials
say a Wilton building that was once described as the worst
asbestos hazard in the state has been largely cleaned up.
The former Forster Mill building on Depot Street is scheduled for
an inspection by the Maine Department of Environmental Protection.
Department spokeswoman Samantha Depoy-Warren tells the Morning
Sentinel (http://bit.ly/Sk2FNR)that enforcement team members were
jubilant after seeing photos of the cleanup site.
The man who owns the building and the contractor that created the
safety hazard face fines from state and federal enforcement
agencies.
Asbestos fibers are known to cause cancer when inhaled. The
volume of the material, some of which had been ground into dust,
led Bob Rickett of Abatement Professionals to call it the worst
he'd seen in 30 years of asbestos remediation.
ASBESTOS UPDATE: "Specialist" Provided Fake Safety Certificate
--------------------------------------------------------------
The owner/director of a specialist contractor has been given a
suspended prison sentence after removing asbestos without a
license and deceiving the householders by providing a doctored
certificate saying the room was safe.
Mr. Peter Horrey traded as Absolute Asbestos Ltd, "specializing in
asbestos surveys and management", despite being unlicensed to
remove asbestos.
The Health & Safety Executive (HSE) investigated the circumstances
of an incident in London and brought a prosecution against Mr.
Horrey under the Control of Asbestos Regulations 2006.
Southwark Crown Court heard that Absolute Asbestos was hired to
take out all the asbestos insulation from the boiler room of a
home in Camden. Mr. Horrey, the sole director of the firm, did
the work over eleven days in July last year.
As well as being unlicensed to remove asbestos, Mr. Horrey failed
to clean and decontaminate the area. He left visible fibers that
were a danger to the householders and to the plumbers, who were
due to start work in the boiler room.
After he was finished, an analyst who went to take an air test
provided him with a certificate clearly showing the site had
failed. However, Mr. Horrey provided a doctored report to the
owners indicating it had passed the test and was safe for them to
re-enter, which they did.
Mr. Horrey, of Jackson Road, Bromley, Kent, had pleaded guilty at
an earlier hearing to three breaches of the asbestos regulations
between 18 and 29 July 2011 at Greencroft Gardens, NW6. He was
given six months' prison sentence on each charge, to run
concurrently and suspended for two years; 300 hours' unpaid
community service; given an electronic curfew between 9pm and 6am
for three months; ordered to pay GBP11,340 to the affected
Residents' Association in Camden and ordered to pay GBP10,160
costs.
After sentencing HSE inspector Dominic Elliss, who investigated
the incident, said he was appalled by Mr. Horrey's reckless
disregard for safety in the full knowledge of the dangers caused
by exposure to asbestos.
"He operated outside the safeguards provided by a licensing
regime, failed to clean and decontaminate the work area and then
lied to the residents of the property by providing an altered air
safety test done by an analyst and informing them it was clear to
re-enter.
"He clearly set out to deceive these householders but, worse than
that, he was apparently content to put them and the plumbers who
had been booked shortly afterwards at risk.
"Asbestos is not an historical threat. It is the single greatest
cause of work-related deaths in the UK and the dangers are well-
known in the construction and property industries. That is why
there is a well-established licensing system with companies who
are fully trained and experienced in dealing properly with
asbestos of all types."
ASBESTOS UPDATE: Work Stop Order Hangs Liberty Theater Project
--------------------------------------------------------------
Leonard Sparks of The Times Herald-Record reports that Village of
Liberty officials have long considered the resurrection of the
now-shuttered Liberty Theater a key part of revitalizing the
village's Main Street.
But roughly six weeks into the grant-funded renovation of five
storefronts belonging to the 88-year-old theater, owner Stephanie
Eisenberg faces an unexpected nemesis: a work stoppage ordered by
an inspector with the state Department of Labor's Asbestos Control
Bureau.
The two-month old stop-work order, ignited frustrations; not just
because the grant comes with a deadline to complete the work.
Just as disheartening, some say, is that the decision was
apparently based on an anonymous phone call, not an actual
inspection. Only trace amounts of asbestos have been found.
"How do they determine that based on a simple phone call?" said
Heinrich Strauch, executive director of the Liberty Community
Development Corp. "To have that trigger a stop order for a
project is kind of dubious to me."
Liberty Theater is one of two Main Street buildings in the same
block cited by the DOL inspector in mid-July.
A Sneaker World store had just opened in a storefront owned by
real-estate broker Peter Belgard when DOL ordered the store
closed. Sneaker World eventually vacated the storefront. Belgard
said only a trace amount of asbestos was found.
"I've hired the contractors," he said. "We're on the final steps
to getting it taken care of."
Eisenberg was using a $75,000 grant through the state's Main
Streets program to renovate the facades on the now-empty
storefronts. The renovation was the first stage of a plan to turn
the unused theater into a 500-seat performance space for local
arts groups. The project is "in limbo," waiting for DOL to decide
what needs to be done to lift the stop-work order.
ASBESTOS UPDATE: Wall Fibro Closes Annapolis Valley School
----------------------------------------------------------
Frances Willick for the Herlad News (Canada) reports that an
elementary school in the Valley was closed on Friday, Sept. 14
after workers found asbestos in a wall.
Margo Tait, the superintendent of the Annapolis Valley regional
school board, said the discovery was made while employees were
patching a hole in the wall at Cambridge and District Elementary
School.
"As is our practice, when we find asbestos, of course we remove
it," Tait said. "We have an asbestos abatement contractor in
there removing that."
Tait said the workers only found a few particles of asbestos
insulation in the wall, and that no particles were found in the
air. The school will have one other room examined.
Tait said there was no evidence to suggest asbestos may be found
throughout the school.
"It may be, but if it's not disturbed, it's not a hazard," Tait
said.
The school was expected to reopen on Monday, Sept. 17.
ASBESTOS UPDATE: New Owner of Gettysburg Battlefield Map Named
--------------------------------------------------------------
Tim Stonesifer of The Evening Sun reports that Scott Roland
thought he'd toss in a $10 bid. Why not?
After all, the Philadelphia-area native can still remember riding
to Gettysburg as a kid. He was about 11 years old and on a Boy
Scout trip to get a badge, or a certificate, and the details run
together. But he remembers the Electric Map.
The 12-ton, plaster-and-wire map of the Gettysburg battlefield
greeted Roland as is did countless others who came to learn about
the battle, lighting up the room and offering a booming
soundtrack. Unlike those thousands of tourists, though, Roland
can now boast of another map connection: He owns it.
And $14,010 later, he plans to bring it home to Hanover.
The local developer admitted on Saturday, Sept. 15 that was more
than he wanted to spend, as he spoke of the map he won at online
auction Sept. 14 and joked about checking to make sure his credit
card would cover it.
Roland was also checking the building where he plans to put the
30-foot square map, the former Wachovia Bank building on Carlisle
Street he bought in May.
The move is part of a plan to create a downtown heritage and
conference center, a plan that's drawn fire from some who say it's
not feasible and right now exists mostly in the minds of planners
seeking to change the fortunes of the Hanover business district.
But the plan does exist. Just ask Roland.
"Oh man, you can see it. You can hear it, can't you?" he asked,
his voice echoing across an empty room and off the bare walls.
"The lights blinking. The sound of the cannons, just booming
away.
"This is going to work here."
Like many, Roland read about it last week. He had no idea.
The Electric Map, nearly destroyed because of its asbestos
content, was put up for bid. There was little fanfare, save for a
handful of newspaper stories and other reports about the map going
to online auction. The opening bid was $5.
Rather, that was the asking price. But for several days the map
didn't receive a bid. Roland indicated early in the week he
planned to bid.
"Am I crazy?" he asked. "I don't really think so."
The plan, he said, was to win the map for a few hundred dollars
and bring it to Hanover. From there it could easily be the
centerpiece of that proposed conference center debated in recent
months.
A second bidder -- one of only two who bid and unnamed by the
government website conducting the bidding -- jumped into the fray,
quickly pushing Roland up to more than a few hundred dollars.
Then, to more than a few thousand dollars. When it was over,
Roland had spent in excess of $14,000.
"I guess I could just see it in here," he said, light streaming
into the former bank building's former conference room. "I wanted
to make it work."
Along with restoring the Gettysburg Electric Map, Roland plans to
build a new one.
The Hanover Electric Map will be smaller but similar in design and
scale to its 50-year-old predecessor, and will detail in lights
and sounds the events of the Battle of Hanover. The two will sit
side by side, albeit with the one from Gettysburg a little off to
the west.
"I always tell people before there was Gettysburg, there was
Hanover," Roland joked. "Just ask J.E.B. Stuart."
The Electric Map was listed for sale online at General Service
Administration auctions, and the first word in the listing was
"SCRAP."
The government wanted to destroy it, Roland said. No question.
There were forms and waivers and a pile of paperwork to fill out
about hazardous materials concerns, Roland said.
"It's like we were trying to buy nuclear waste here," he said.
"They didn't want anyone to buy it."
Chief among the government's concerns is the map's plaster
coating, which officials have said contains 3% friable asbestos.
The National Park Service in Gettysburg has declined to comment
about the map's sale. After securing a waiver for it to go to
auction, officials there have said only they wish the winning
bidder good luck, adding in a release the purchase would save the
Park Service $32,000 in disposal costs.
That's fine with Roland, who said as a property owner and
developer he's taken his share of long shots.
It's part of being an entrepreneur, he said.
"And I mean come on, man," he said. "It's the Electric Map."
Roland said he's been told the map, which has been cut up into
four pieces and placed in storage containers, is being stored at a
site north of Gettysburg. He has 30 days to remove it from the
containers and take possession.
It's still very early, but the plan is for a team of engineers to
determine how best to carefully move the map, which dates from
1963, onto trucks to transport it to Hanover. Any asbestos issue
will be handled properly at that time, Roland said.
From there it's just a matter of getting the map into its new home
-- with a crane through a second-story window
"It'll work," he said, two hands on the window sill and looking
out over Hanover. "I know it will."
Sometimes, people don't quite know what to make of Scott Roland.
When he came forward along with the local Chamber of Commerce to
propose a new conference center as a cornerstone of downtown
revitalization, people questioned his motives. When he bought the
former Wachovia building at 22 Carlisle St. for $200,000 through
his company Blue Ridge Holdings, they asked the same things.
What's he doing?
The Wachovia building was initially identified as one of four
potential sites for the center. Roland has since been vocal in
his desire to use it for that purpose.
"That's what we bought it and are holding it for," he said.
There's room here for a conference center downstairs, Roland said,
pointing to a teller counter that could be removed, and then to
the old vault, still intact and the perfect place for a unique VIP
dining room.
There's a great view from the roof too, he said a few minutes
later, turning 360 degrees to take in downtown under a cloud-
dappled sky.
But there needed to be something else -- a spark.
"That's where our map comes in," he said.
So there's more planning.
Roland said the hope is in a year there would be significant
progress, both in restoring the Electric Map and better
formulating exactly how it should be presented. The map as
initially designed sat only a few feet off the floor, with risers
around it. Any new presentation will have to address similar
concerns with practical seating.
And of course there's a financial issue. Roland said without
seeing the map firsthand, there's really no way to tell what the
costs might be. One preservationist recently put the figure at
$100,000, something Roland said wouldn't surprise him.
He knew that going in.
But there's certainly a chance it can be done for less, Roland
said, offering a glimpse of the optimism that pushes him forward,
and perhaps can help push forward what many still call a long-shot
project.
For now, there's a big kid who can still hear the battle sounds in
Gettysburg, and who wants to talk about what the Electric Map
might this time bring to Hanover.
There's light twinkling through the windows, and booming off the
walls there's a voice.
"This is going to be really, really cool," Roland said. "This
could really be the thing."
ASBESTOS UPDATE: Former Fitter's Mate Pleas to Peers for Info
-------------------------------------------------------------
Chris Gregory for This is Hampshire News reports that a former
fitter's mate from Hook is appealing for help after being
diagnosed with an asbestos-related cancer.
Dennis Morris, who grew up in Newnham, was diagnosed in March this
year with mesothelioma -- an aggressive form of cancer caused by
exposure to asbestos.
The 66-year-old believes he may have contracted the disease when
he worked as a fitter's mate during 1961 and 1962 at Edghill
Engineering, where he assisted in the assembly of parts for
aircraft ground support equipment. Symptoms of the disease can
occur many years after inhalation.
The firm was based at the current Tesco site in Station Road and
was taken over in the 1970s.
Mr. Morris left his job to join the Royal Navy, and after
completing his service moved to the North West of England. He now
lives in Ormskirk, Lancashire.
His claim is now being investigated by law firm John Pickering and
Partners, which is appealing for any of his former colleagues to
come forward.
Kevin Johnson, partner and specialist solicitor, said:
"Mesthelioma is a dreadful type of cancer, and the only known
cause is asbestos exposure.
"We would like to speak to any of Dennis' old workmates who may
recall information about Dennis' previous work and duties and any
ways that Dennis could have been exposed to asbestos."
Anyone with information can contact Mr. Johnson on 0151-227-1214,
or email kj@johnpickering.co.uk
ASBESTOS UPDATE: Forster Mill Still Up for Less Regulated Cleanup
-----------------------------------------------------------------
Ann Bryant for the Sun Journal reports that the Maine Department
of Environmental Protection on Friday, Sept. 14 approved the
cleanup of asbestos recently completed at the Forster Mill.
There were a couple small areas found that needed a little work,
but they were something that could be done within the hour, DEP
lead and asbestos inspector John Bucci said on the afternoon of
Sept. 14 following a walk around the mill.
Owner Adam Mack and his representative, Peter Jensen, joined the
DEP inspectors along with Abatement Professionals, the company
which completed the cleanup, Bucci said.
Bucci was satisfied with the results and that the mill was clean,
although there potentially could be some asbestos in the roof, and
the boiler room contains asbestos, he said.
"We're glad we're here. It's been a long process and a huge job.
Let's hope the demolition gets going and lets the town feel
better," he said.
One of the initial inspectors who toured the site in July 2011,
Bucci has suited up and toured the work area weekly basis over the
last two months "to make sure everything was going well," he said.
Demolition of the former mill was halted last summer after DEP
testing found significant amounts of asbestos.
A crew working for contractor Ryan Byther of Downeast Construction
disturbed a significant amount of asbestos and made a mess, Bucci
said. The crew did some salvage of construction materials and
left the asbestos.
Some asbestos abatement was completed last fall by Abatement
Professionals, but the work stopped while the owner tried to
secure funding to finish the work.
After months of trying to obtain an abatement plan, DEP gave the
owner one last chance to start remediation work this July before
the federal Environmental Protection Agency cleaned it up and
billed the owner.
The cleanup work has been slow.
"I can't tell you how difficult it was. Sometimes they were down
on their hands and knees cleaning the cracks in the floors while
in a suit and respirator," Bucci said. "They tried to get the
majority of the really bad stuff."
The DEP will continue to monitor the demolition work. Because of
the age of the building, the roof may contain asbestos, but a
large piece of equipment could take it down. There will be
another round of testing, but handling this is different. Removal
is less regulated, he said.
The boiler room is a building apart from the mill, and the
asbestos was not disturbed by Byther. DEP is comfortable with
leaving it until the owner is ready to demolish it, he said.
"It's a huge mill. We could come across another issue, so we'll
work with the demolition crew," Bucci said. "To the best of our
knowledge, the cleanup is complete. The abatement contractor did
a heck of a job."
Attempts to reach the owner's representative were unsuccessful.
ASBESTOS UPDATE: 1st Genetic Mapping of Lung Cancer Raises Hope
---------------------------------------------------------------
The discovery of recurrent and potentially treatable mutations in
tumors caused by a common lung cancer is potentially good news for
sufferers of mesothelioma, Joseph W. Belluck, a founding partner
of the New York personal injury firm of Belluck & Fox, LLP, said
Sept. 15.
The New York mesothelioma lawyer was referring to the first large
and comprehensive genetic study of squamous cell lung cancer,
which found that more than half of the tumors spawned by that type
of cancer can be treated by drugs that are available or soon to be
available, according to a New York Times report.
Even though the disease is different in each person who has it,
researchers hope to be able to match the most significant genetic
abnormality in each patient with a drug specifically designed to
attack it.
"These kinds of results from the first genetic mapping of a lung
cancer bodes well for victims of mesothelioma as research moves
forward and the genetic makeup of mesothelioma and other asbestos-
related diseases can be mapped," Belluck said.
"Any new information about cancer has the potential to provide the
key that researchers have been looking for."
The study, which was published in the science journal Nature, is
part of the National Institutes of Health's Cancer Genome Atlas
project to examine genetic abnormalities in cancer. Previously,
the project created a genetic map of colon cancer.
Squamous cell lung carcinoma is a common type of lung cancer,
causing approximately 50,000 deaths per year in the U.S.,
according to The Times, and about 400,000 deaths worldwide,
according to Nature.
Mesothelioma, which is caused by inhaling or swallowing asbestos,
is a terminal cancer diagnosed in about 3,000 Americans each year.
Symptoms of mesothelioma typically appear 30 years to 50 years
after exposure to asbestos.
Asbestos, a fibrous material that easily breaks down into a fine
dust, was widely used in hundreds of building products until laws
regulated its use in the 1970s.
Most mesothelioma victims were exposed to asbestos through
employment in industrial, manufacturing or construction work,
despite the fact that asbestos was known to be a carcinogen since
the first quarter of the 20th century.
"Mesothelioma's 'turn' to be genetically mapped may come later,
but we expect that researchers will have made significant advances
that will have added to the ability to treat mesothelioma and
other asbestos-related diseases in the meantime," Belluck said.
"We remain as optimistic as ever that better mesothelioma
treatments and an eventual cure lie ahead of us."
The Belluck & Fox law firm is nationally recognized for its
advocacy for mesothelioma patients and their families.
Belluck & Fox has obtained several multi-million dollar
settlements and verdicts on behalf of mesothelioma sufferers
through personal injury and wrongful death lawsuits.
In August, the $51 million combined verdict in the consolidated
case of Dummitt v. A.W. Chesterton (No. 190196/10) and Konstantin
v. 630 Third Avenue Associates (No. 190134/10), which the firm
secured in the Supreme Court of New York, was recognized as the
nation's third-largest verdict in an asbestos-disease lawsuit in
2011 by the annual Mealey's Litigation Report: Asbestos.
The firm recently helped the NYU Langone Medical Center's Cancer
Institute purchase a highly advanced molecular analysis system for
cancer research, and it sponsors MesotheliomaHelp.net, one of the
Web's primary resources for information on malignant mesothelioma
and other asbestos-related diseases.
The law firm and MesotheliomaHelp.net are conducting an essay
contest for college students that will award $10,000 in tuition
money for the top essays about mesothelioma.
"We've seen how devastating mesothelioma can be to its victims and
their families, and we're thankful that we've been able to help
many families with our legal work and other advocacy," Belluck
said.
"The need to find a viable mesothelioma treatment and cure is
critical. We will continue our efforts as we cheer and support
those of the scientific community."
About Belluck & Fox, LLP
Belluck & Fox, LLP, is a nationally recognized law firm that
represents individuals with asbestos and mesothelioma claims, as
well as victims of crime, motorcycle crashes, lead paint and other
serious injuries. The firm provides personalized and professional
representation and has won more than $500 million in compensation
for clients and their families.
Partner Joseph W. Belluck is AV-rated by Martindale-Hubbell and is
listed in Best Lawyers in America, New York Magazine's "Best
Lawyers in the New York Area" and in Super Lawyers. Mr. Belluck
has won numerous cases involving injuries from asbestos, defective
medical products, tobacco and lead paint.
Partner Jordan Fox is a well-known asbestos and mesothelioma
attorney who has been named to the Best Lawyers in America, New
York Magazine's "Best Lawyers in the New York Area" and to Super
Lawyers. On two separate occasions his verdicts were featured as
the National Law Journal's Largest Verdict of the Year.
Belluck & Fox, LLP, recently won a coveted spot on a list of
America's best law firms for the second consecutive year. The
list is published jointly by U.S. News & World Report and Best
Lawyers magazine.
The firm's New York City office is located at 546 Fifth Ave, 4th
Floor, New York, NY 10036 (local phone (212) 681-1575). For more
information, contact the firm at 877-MESOTHELIOMA (637-6843) or
through its online contact form.
ASBESTOS UPDATE: Judge Vacates Dismissal of 1,600 MARDOC Cases
--------------------------------------------------------------
Chris Placitella at mesotheliomalegalblog.com relates that in the
asbestos MDL, Judge Robreno dismissed over 1,600 asbestos cases on
Aug. 7, 2012. Thereafter a motion to have those dismissals
vacated was filed.
On Sept. 15, Judge Robreno held a hearing on the Motion to Vacate.
John Herrick -- jherrick@motleyrice.com -- and Nate Finch --
nfinch@motleyrice.com -- argued the matter on behalf of the
Plaintiffs. The hearing lasted about an hour and a half. In an
unusual move, Judge Robreno ruled from the bench, according to Mr.
Placitella.
"We are happy to report that Judge Robreno vacated the dismissal
of the over 1,600 MARDOC cases. Great Work by these fine lawyers
to give these clients justice back," Mr. Placitella says.
ASBESTOS UPDATE: Abatement of Old Uluru Motel Site Underway
-----------------------------------------------------------
ABC News reports that the caretakers of Uluru Kata-Tjuta National
Park have begun a project to remove all asbestos from the region.
A federal study found exposed asbestos at the site of the old
Uluru Motel, which was bulldozed more than 25 years ago, and in
some of the ranger accommodation.
"The old Uluru motel site has had a few small pieces of old
sheeting found on the surface of the ground," park manager Andrew
Davies said.
"So the contractor's job will also be to go through that area and
conduct a further survey and remove any asbestos that's found on
the surface."
He says the asbestos has been deemed safe where it is, but it is
being removed as a precaution.
"We're just doing the best possible thing that we can do by our
staff by removing it from houses and anywhere that we can find
it," he said.
"There was no asbestos found in any of our visitor sites so they
were all deemed safe already."
ASBESTOS UPDATE: Ex-Town Tailors Worker's Widower Pleas for Info
----------------------------------------------------------------
Pontefract and Castleford Express reports that a heartbroken
husband is urging former employees of a Castleford tailors to come
forward after his wife died of asbestos-related cancer.
Tailoress June Preston, who died from mesothelioma in March, aged
67, believed she came into contact with the deadly dust while
working at Service Tailoring Co -- better known as Town Tailors.
Her widower, Robert, 72, is now urging her former colleagues, or
anyone who worked at the company in the 1960s, to come forward
with information about working conditions at the factory.
Mr. Preston said: "It's an absolute travesty that June's life was
cut short because she was exposed to asbestos four decades ago.
"It was absolutely devastating and to think it happened so long
ago and that nothing could be done about it was agonizing.
"We just hope this case can provide some answers for our family."
Mrs. Preston -- the aunt of former Featherstone Rovers' player
Chris Bibb -- joined Town Tailors after leaving school in 1961 at
the age of 15.
The grandmother-of-three left the factory at 21 but her solicitors
Irwin Mitchell say during her time at the Coronation Mills-based
factory, she worked close to the presses which were powered by
steam pipes lagged with asbestos insulation.
They claim the pipes were not maintained and the dust which came
off was swept up daily, allowing the toxic particles to
contaminate the air.
Ian Toft, a partner in the industrial illness team for Irwin
Mitchell, said: "Mesothelioma is an incurable disease and the
symptoms often don't strike until several decades after being
exposed to asbestos dust.
"Although this case can't bring June back, it will provide some
justice for her family and help highlight the importance of
workplace safety.
"If anybody remembers working with June in the 1960s or believes
they have information about conditions at Town Tailors during that
time, we urge them to come forward with information."
Anyone with information should email ian.toft@irwinmitchell.com or
call 0870-1500-100.
ASBESTOS UPDATE: Balcorp Says Work to Reopen Jeffrey Mine Goes On
-----------------------------------------------------------------
Monique Beaudin of The Montreal Gazette reports that the company
planning to reopen Quebec's only asbestos mine says Ottawa's
decision to stop opposing the addition of asbestos to an
international hazardous-substances list will not stop the mine's
relaunch next spring.
And despite a promise by the Parti Quebecois to cancel a
$58-million loan to reopen the Jeffrey Mine in Asbestos, a company
spokesperson said work to prepare the mine to reopen is
continuing.
"The status remains unchanged as far as the mine is concerned,"
said Guy Versailles, a spokesman for Balcorp Ltd., part of a
consortium of investors in the mine.
The mine received the loan in June, and at least $7 million has
been disbursed, Versailles said.
Adding asbestos to the hazardous-substances list under the United
Nations Rotterdam Convention would require exporting countries to
inform importing countries about the hazards of using it, and to
include safe-handling and proper precautionary measures.
For asbestos to be added to the list, all the countries that have
signed the convention -- more than 140 -- would have to agree.
Canada was not the only country to oppose the inclusion of
asbestos, Versailles said in an interview Monday, Sept. 17.
Other asbestos producers include Russia, China and Brazil.
Although other countries could try to block the addition of
asbestos, it is Canada that has worked hardest to prevent that
from happening, said Kathleen Ruff, a human-rights adviser to the
Rideau Institute.
The next meeting of the convention is scheduled for June in Rome.
Ruff, a longtime anti-asbestos activist, said she expects other
countries to drop their opposition because the pressure from
international health and environmental organizations is so strong.
Asbestos has been produced in Quebec's Eastern Townships region
for more than a century. But the health risks associated with it
-- including mesothelioma, lung cancer and asbestosis -- have led
for calls for a ban on its production. Asbestos use is already
banned in more than 50 countries.
Ottawa decided to stop fighting the hazardous-substance inclusion,
and invest $50 million in economic diversification in the region
because of promises made by the PQ during the election campaign.
Premier-elect Pauline Marois had promised to cancel the loan and
use the $58 million for economic development in the region around
the town of Asbestos. Marois also said the PQ would establish a
parliamentary commission to consult experts and people affected by
the industry.
A party spokesperson said on Sept. 17 that the PQ has "taken note"
of Ottawa's decision and that it will be part of the discussion at
the parliamentary commission.
Ruff praised Ottawa and Marois for saying the party will invest in
economic diversification.
"For the first time ever we have some really promising elements to
build a viable, sustainable economic base for the town of
Asbestos," she said.
One of the last acts of former premier Jean Charest's Liberal
government was to okay the $58-million loan. It was announced by
former Richmond MNA Yvon ValliŠres, whose daughter, Karine
ValliŠres, was elected in the Sept. 4 election, beating her PQ
opponent by 269 votes.
ASBESTOS UPDATE: Asbestos Laws Among Top Environmental Successes
----------------------------------------------------------------
Tom Randall and Eric Roston for Bloomberg's The World's Top
Environmental Success Stories, relate that the first medical
article about the dangers of asbestos was published in the British
Medical Journal in 1924. It led to regulations that controlled
dust emissions from U.K. factories. Four decades passed before
scientists confirmed just how inadequate those restrictions were.
Asbestos is actually a name for six mined substances used in
manufacturing for their durability and heat resistance. Asbestos
particles break away and are easily inhaled into the lungs, where
they can lead to fatal diseases including lung cancer and
mesothelioma. Studies in the 1960s confirmed that the risk
extended from the factory floor to suburban homes, where asbestos
construction materials and brake pads were ubiquitous.
Lawsuits in the 1970s revealed that corporations knew about the
risks for decades and concealed them from the public. Most of the
companies that mined or used asbestos have since gone bankrupt,
after billions of dollars in litigation losses. Even with strict
regulations now in place across much of the world, researchers say
deaths from past exposures will continue well into the 21st
century.
ASBESTOS UPDATE: Four Asbestos Cases Added in St. Clair's Docket
----------------------------------------------------------------
Kelly Holleran of The Madison / St. Clair Record reports that on
Wednesday, Sept. 19, the Illinois Supreme Court was scheduled to
hear arguments in Walter Fennell v. Illinois Central Railroad Co.,
a case arising from St. Clair County that deals with the doctrine
of forum non conveniens.
At issue in the case is whether St. Clair County Judge Lloyd Cueto
erred in denying Illinois Central's motion to dismiss for forum
after determining the railroad company failed to show that factors
favored a Mississippi forum.
In the meantime, more suits have been added St. Clair County's
asbestos docket.
Lynn Torres filed an asbestos lawsuit in St. Clair County Circuit
Court on Aug. 24 against 33 defendant corporations.
Torres will be represented by Randy L. Gori and Barry Julian of
Gori, Julian and Associates in Edwardsville.
In his complaint, Torres alleges the defendant companies caused
him to develop lung cancer after his exposure to asbestos-
containing products throughout his career.
The complaint does not indicate where Torres resides; however, it
states that he worked as a welder at Kaiser Aluminum from 1966
until 1975 and at the Carpenters District Council for an
unspecified amount of time.
The defendants should have known of the harmful effects of
asbestos, but failed to exercise reasonable care and caution for
the plaintiff's safety, the suit states.
As a result of his asbestos-related disease, Torres became
disabled and disfigured, incurred medical costs and suffered great
physical pain and mental anguish, the complaint says. In
addition, he became prevented from pursuing his normal course of
employment and, as a result, lost large sums of money that would
have accrued to him, he claims.
In his five-count complaint, Torres is seeking a judgment of more
than $50,000, compensatory damages of more than $100,000, punitive
and exemplary damages of more than $100,000 and punitive damages
in an amount sufficient to prevent the defendants from performing
similar conduct in the future, plus other relief the court deems
just.
St. Clair County Circuit Court case number: 12-L-443.
James Mahan filed an asbestos lawsuit in St. Clair County Circuit
Court on Aug. 7 against 48 defendant corporations.
Mahan will be represented by Randy L. Gori and Barry Julian of
Gori, Julian and Associates in Edwardsville.
In his complaint, Mahan alleges the defendant companies caused him
to develop lung cancer after his exposure to asbestos-containing
products throughout his career.
The complaint does not indicate where Mahan resides, however it
states that he worked as a submarine maintenance worker from 1954
until 1957, as a nursing assistant at the VA Hospital from 1958
until 1980 and from 1980 until 1983 as a maintenance man for the
North Little Rock Housing Authority, according to the complaint.
The defendants should have known of the harmful effects of
asbestos, but failed to exercise reasonable care and caution for
the plaintiff's safety, the suit states.
As a result of his asbestos-related disease, Mahan became disabled
and disfigured, incurred medical costs and suffered great physical
pain and mental anguish, the complaint says. In addition, he
became prevented from pursuing his normal course of employment
and, as a result, lost large sums of money that would have accrued
to him, he claims.
In his five-count complaint, Mahan is seeking a judgment of more
than $50,000, compensatory damages of more than $100,000, punitive
and exemplary damages of more than $100,000 and punitive damages
in an amount sufficient to punish the defendants, plus other
relief the court deems just.
St. Clair County Circuit Court case number: 12-L-408.
Two other asbestos suits were filed in June and July in St. Clair
County.
Raymond and Deana Griggs filed suit on June 19 against 44
defendant corporations while Herman and Dorothy Leamons filed a
complaint July 10 against 77 defendant corporations. Neither the
Griggs nor the Leamons specify where they currently reside.
Both plaintiffs will also be represented by Randy L. Gori and
Barry Julian of Gori, Julian and Associates in Edwardsville.
In their complaint, the Griggs and the Leamons allege the
defendant companies caused Raymond Griggs and Herman Leamons to
develop lung cancer and colon cancer, respectively, after their
exposure to asbestos-containing products throughout their careers.
The complaint states that Raymond Griggs worked as a miner,
operator and maintenance worker from 1974 until 1984.
Herman Leamons worked as a member of the PPF/UA Plumbers and Pipe
Fitters Union Local 706 out of Arkansas and worked as a pipefitter
at Ace Supply Company from 1970 until 1977, according to the
complaint.
The defendants should have known of the harmful effects of
asbestos, but failed to exercise reasonable care and caution for
the plaintiff's safety, the suit states.
As a result of their asbestos-related diseases, Raymond Griggs and
Herman Leamons became disabled and disfigured, incurred medical
costs and suffered great physical pain and mental anguish, the
complaint says. In addition, they became prevented from pursuing
their normal courses of employment and, as a result, lost large
sums of money that would have accrued to them, they claim.
In their complaint, the Griggs are seeking a judgment of more than
$100,000, compensatory damages of more than $100,000, economic
damages of more than $150,000 and punitive and exemplary damages
of more than $100,000, plus other relief the court deems just.
In their complaint, the Leamons are seeking a judgment of more
than $150,000, punitive and exemplary damages of more than
$100,000, economic damages of more than $100,000, compensatory
damages of more than $100,000 and punitive damages in an amount
sufficient to punish the defendants and to prevent them from
committing the same actions again.
St. Clair County Circuit Court case numbers: 12-L-327, 12-L-352.
ASBESTOS UPDATE: Reported Toxic Dump at Carlton Park Removed
------------------------------------------------------------
Trader & Guardian at retfordtoday.co.uk reports that children
using a play area in Carlton have been using discarded asbestos to
make dens according to one worried resident.
Concerned Steve Ferguson contacted the Guardian after Bassetlaw
Council failed to remove it despite him making two phone calls.
"My wife first noticed the asbestos that had been dumped behind
the children's play park behind the Beckett Avenue Post Office 10
days ago," said Mr. Ferguson.
"It has got all broken and smashed up because the children are
moving it and have started playing with it and using it to make
dens."
Mr. Ferguson said they were so concerned that his wife reported
the asbestos to Environmental Health at the council straight away.
"But then when we checked it was still there on Friday, Sept. 14
so we called and spoke to them again," he said.
"They seemed to take ages trying to find the previous request we
had made, and eventually they told me that it was someone in parks
and gardens I needed to speak to."
"I was told it is difficult to move and they have to take
precautions, meanwhile the children are still playing with it."
"It's getting smashed up even more the more they play with it and
it is dangerous for them," he added.
A spokesman for Bassetlaw Council said the authority only have a
record of one phone call being made by the Fergusons about the
asbestos -- the one made on Friday, Sept. 14.
The council also believes that the asbestos had been there for
some considerable time, rather than being newly dumped when the
Fergusons spotted it.
"We received a report from a member of the public of some cement
bonded corrugated asbestos sheets having been fly-tipped in the
undergrowth at the back of the old allotment site on Oxford Road
in Carlton," he continued.
"An officer with specialist asbestos training attended the scene
at the earliest opportunity and following a rigorous assessment
the dumped materials were immediately removed."
"It was clear that the cement bonded asbestos, which is a low risk
category had been in situ for a number of years, the sheets were
non fibrous and there was no evidence of asbestos dust."
"We are very grateful to the residents who reported this to the
council," he added.
It costs the council around GBP100,000 a year to clear up fly
tipped waste and dispose of it -- a cost passed on to local
taxpayers and landowners.
ASBESTOS UPDATE: Test at Ludlow Apartment Shows 50% Chrysotile
--------------------------------------------------------------
The Bowery Boogie reports that with demolition occurring all
around them, holdout tenants at 143 Ludlow Street continue
grappling with shady protocol. Building stability
notwithstanding, the latest health risk is the irresponsible
asbestos abatement by ownership. Or really, lack thereof.
The Bowery Boogie were alerted a few weeks ago to new DOB permits
that indicated renovations in additional apartments did not
require related asbestos abatement "as defined in the regulations
of the NYC Department of Environmental Protection." False. EMSL
Analytical Inc. -- an independent third party tester -- was hired
to conduct an examination of the debris being swept around the
premises. Their results showed contamination "above Federal EPA
Recommended limit" at 50% Chrysotile.
In the ensuing period, the DEP arrived onsite and set up camp E.T.
style with plastic drapes and space suits. The city agency
reportedly discovered concentrations of asbestos all over the top
floors, which resulted in an immediate stop work order on the
property (from DEP, not DOB).
Contractor grunts have been sweeping the deadly debris from the
floors without intervention until now. Tenants who've had dust
blow through their windows are furious at the alleged mishandling
of abatement, having breathed full-levels of asbestos for weeks.
One resident sent a barbed letter to the landlord asking why no
one was alerted to the toxic situation for weeks. Especially
given that most cleanup was conducted "with an open doorway
leading directly into the public hallway with dust covering the
floor being tracked through the hallways and subsequently into
tenants' apartments." To make matters worse, this person in
particular "had my ceiling cave in and my entire apartment covered
in dust and debris."
And the response -- a middle-of-the-road statement saying the
landlord is "extremely sensitive" to the well-being of tenants
with "full permits and supervision of appropriate governmental
bodies" in place.
ASBESTOS UPDATE: Kin Plea to Ex-Electrician's Peers for Info
------------------------------------------------------------
Martin Bagot of The Coventry Telegraph reports that relatives of a
Coventry electrician are launching a legal claim after he died
from asbestos-related cancer.
The family of Frank Parker, of Oxendon Way, Ernesford Grange, has
teamed up with lawyers to search out any former colleagues who may
have suffered from the same illness.
Frank died of mesothelioma last June aged 73.
He worked for Massey Ferguson from 1974 until he retired in 1990.
Lesley Mynett, a specialist industrial disease lawyer with Fentons
Solicitors LLP, has taken on the family's case.
She said: "Mr. Parker sadly died before he was able to tell us
about all the times he had worked with asbestos over the years.
"We're hoping his former colleagues will be able to provide the
information his family needs in their fight.
"We have so far learned that as an electrician at Massey Ferguson,
Mr. Parker would be part of the team carrying out maintenance
during the factory's regular shutdowns each year.
"We believe during these shutdowns, Mr. Parker would undertake
rewiring work in the roof area.
"He would be working alongside plumbers and engineers who would be
carrying out repairs to pipe work which was ageing and in need of
maintenance.
"Their work would involve removing the old asbestos lagging from
this and carrying out maintenance, before it would then be re-
lagged."
Frank also worked at Lee Beesley in the city from 1952 to the mid-
1960s, either side of a stint in the National Service.
He then worked at Abbey Panels in Exhall before moving to Massey
Ferguson.
Frank retired from Massey to care for his wife Shirley-Ann, who
died from a lengthy illness in 1993.
Mr. Parker's son and daughter-in-law Graham and Adrienne are now
appealing for others who may have worked in similar conditions to
come forward.
Adrienne said: "Graham and I spent a lot of time with Frank after
Shirley-Ann passed.
"When he fell ill himself, one of the doctors said that
mesothelioma was caused by exposure to asbestos. But Frank died
before he was able to bring a claim against his employers."
Call Lesley Mynett on 0844 854 3095 or e-mail
lesley.mynett@fentons.co.uk with information.
ASBESTOS UPDATE: Prospective Jurors Interviewed for Madison Trial
-----------------------------------------------------------------
Christina Stueve Hodges of The Madison / St. Clair Record reports
that a New York attorney interviewed 53 prospective jurors about
their backgrounds and careers and whether those factors could
affect their judgment in an asbestos case readying for trial in
Madison County Associate Judge Clarence Harrison's courtroom.
Douglas D. von Oiste -- dvonoiste@weitzlux.com -- initiated a
series of questions Tuesday, Sept. 18 in a 2010 asbestos lawsuit
filed by local asbestos firm Gori and Julian of Edwardsville.
"I want to go over some general topics," von Oiste said. "No one
is trying to pry into your business here. There are really no
wrong answers here.
"If there's something you feel we need to know, now is the time.
I encourage you to share your mind. I think you know this is an
asbestos case."
During the afternoon session of voir dire, van Oiste pointed out
the plaintiff's apparent lack of connection to Madison County.
"I'm not from Madison County," he said. "My clients aren't from
Madison County. The events aren't from Madison County."
He asked the assembled potential jurors if the jury has a problem
with that. One female juror admitted she did.
Plaintiff Robert Kreimer and his wife, Margie Kreimer, of Cleves,
Ohio, filed suit against more than 50 defendant companies when he
became aware of his mesothelioma, an asbestos-induced disease, on
Nov. 11, 2010. The complaint does not indicate Robert Kreimer's
birth date, only that he was born in 1935, making him 76 of 77
years of age.
The two defendants going to trial are mechanical seal manufacturer
John Crane Co. and metal valve maker Crane Co.
Crane Co. attorney Clifton Hutchinson --
Cliff.Hutchinson@klgates.com -- of Dallas described the case to
jurors as an individual bringing a claim against a corporation.
He asked if anyone has had a bad experience with a big company; he
asked if anyone had left a position in a company because they were
treated unfairly. He also asked if any jurors believed if any
amount of asbestos, one fiber or one CC of asbestos causes an
injury.
"Who believes that injured people should get something?"
Hutchinson asked.
A female juror told him it would be hard for her to listen to
testimony; another female juror admitted she couldn't be fair.
Another juror said, "People say Madison County has a lot of
lawsuits."
A female juror said big companies bring profits first and can't be
trusted to do the right thing.
"Money is the root of all evil, and a lot of people will do
anything for money," she said.
Kreimer was a pipefitter from 1956-1986 for various contractors,
including Johnson Controls, Robert Shaw, EJ Nolan, M.W. Kellogg
Piping, Bechtel, Combustion Engineering, Babcock & Wilcox and
Kaiser Engineering and various industrial and commercial job sites
in Ohio, Kentucky and Indiana, his suit states.
"There's no cure for this disease, mesothelioma," von Oiste said
during the morning voir dire.
"Mesothelioma is a completely separate cancer. If you're not
exposed to asbestos, you don't get mesothelioma. We're just
trying to get a fair jury.
"Is everyone able to listen to what this case is about?"
Von Oiste explained he would ask the jury to evaluate what his
client has been going through.
"I think a good many of you wrote there's too many lawsuits," von
Oiste said in reference to what the jurors put in their jury
questionnaire.
"My client is asking for money," von Oiste said. "He can't ask
for his health back. He can only ask for money."
Von Oiste asked the jury if they could follow what the judge tells
them.
"You listen to the evidence," he said. "We all start in the same
place. That judge is going to tell you what the law is, and
you're going to listen to the facts."
Von Oiste told a male juror he was "the wrong guy for the case."
"I appreciate your honesty," von Oiste said.
He asked another juror if she thought it was wrong to sue, since
she was involved in an accident and chose not to sue.
One of the jurors, a research scientist with teaching experience,
told von Oiste he could sit on a jury and be fair and impartial.
The lawsuit states that the plaintiff's exposure to asbestos
fibers should have been anticipated by the defendants. The
lawsuit also states that defendants agreed and "conspired among
themselves" and with other asbestos manufacturers, distributors,
and trade organizations, to injure the plaintiff.
The manufacturers, sellers, suppliers and premises owners acted in
concert with insurers such as Travelers and Liberty Mutual and
others, including the Johns-Manville Corp., Raymark Industries,
Inc., Celotex Corp. and its predecessors with the intent to
deceive and misinform decedents, the suit states.
Evidence destroyed includes preliminary reports of toxicology and
epidemiology studies, records of meetings between the agents and
employees of the alleged conspirators, including those conducted
under the auspices of trade associations and records of plant and
premise inspections reporting asbestos and other hazards, the suit
states.
Randy Gori of Gori Julian and Associates requested an admission of
counsel, Sept. 7 for von Oiste.
According to his web site, von Oiste, a partner at Karst & von
Oiste, has more than $170 million in jury verdicts, including $110
million in Powers vs. A.O. Smith Corporation; $36 million in
Martin vs. Robert Keasbey Corporation; $18.5 million in Penn vs.
Kerr Corporation; and $5 million in Wallace vs. York Corporation.
He has worked exclusively in the area of asbestos litigation his
entire legal career, his site claims.
Asbestos lawsuits typically names dozens of corporations as
defendants, and many settle or are dismissed prior to trial.
And, trials in the nation's largest asbestos docket are extremely
rare. The last one in Madison County occurred in March 2010 in a
case against Ford Motor Co. and ended in a defense verdict.
Attorneys for the plaintiffs had asked for more than $14 million
in damages.
Ford was sued along with a number of other brake manufacturers for
allegedly selling products that caused a Chicago man's
mesothelioma.
The case is Madison County case number 10-L-1256.
ASBESTOS UPDATE: OCAPIC Seeks to Intervene in Garlock Lawsuit
-------------------------------------------------------------
John O'brien of Legal Newsline reports that a group of lawyers
representing asbestos claimants has come forward to support a law
firm accused of fraud by Garlock Sealing Technologies.
Earlier this month, the Official Committee of Asbestos Personal
Injury Claimants (OCAPIC)asked a federal judge to let it intervene
in proceedings initiated by Garlock in June. The company accuses
the Houston law firm Williams Kherkher Hart Boundas of making
inconsistent claims about the origin of a client's mesothelioma.
The claimants' committee says Garlock has attempted to make
similar claims since its bankruptcy proceedings began in 2010.
"The fraud allegations that Garlock . . . raise(s) here clearly
have bearing on the issues being litigated in the proceeding to
estimate Garlock's asbestos liabilities in the aggregate," the
committee's motion says.
"Such allegations are part and parcel of Garlock's larger
objectives in the estimation case to trump its settlement history,
to develop a new way of valuing its asbestos liability, to oust
the non-bankruptcy courts that typically administer the tort laws,
and to come out smelling like a rose in comparison to the $1.8
billion it paid before bankruptcy for the defense and payment of
asbestos claims . . ."
Garlock is one of more than 60 asbestos defendants to have created
a bankruptcy trust. Injured individuals submit claims to the
trusts for compensation, but file lawsuits against still-solvent
defendants.
Williams Kherkher sued Garlock in 2008 in a Texas state court,
alleging that Phillips' illness was caused by a rare type of
asbestos (crocidolite) that came solely from Garlock's products,
the company claims, at the same time it was pursuing claims
against a manufacturer of products that contained the same type of
asbestos.
Garlock says it was induced to enter into a far larger settlement
than it would have paid. In Texas, juries can allocate a
percentage of liability to responsible third parties.
Phillips worked at Triplex, a company that sold parts that
contained asbestos, from 1966-68, but no records still exist
detailing the company's inventory then.
The company claims the firm could have asserted Johns-Manville's
asbestos-containing gaskets were to blame, but Johns-Manville had
already filed for bankruptcy. More than 90 companies have
declared bankruptcy from asbestos litigation, and more than 60
bankruptcy trusts have been established to pay out claims.
The claimants' committee is a group of plaintiffs with pending
claims against Garlock. Attorney Trevor Swett of Caplin &
Drysdale -- tswett@capdale.com -- in Washington, D.C., filed the
motion Sept. 6.
Co-counsel for the claimants' committee is Travis Moon --
tmoon@mwhattorneys.com -- of Moon Wright & Houston in Charlotte.
Garlock wrote in its complaint that Williams Kherkher attorneys
told two different stories about its client's exposure history.
"(The lawyers) repeatedly signed responses to requests for
information about their client's claim against Garlock by
describing a history of exposure to asbestos products that did not
include exposure to the products of (CAPCO)," Garlock's complaint
says.
"The lawyers had reason to believe that telling two different
stories would succeed because their ballots would not be readily
available to the public and their bankruptcy trust claims, when
made, would be kept confidential."
Garlock obtained copies of ballots cast on plans of reorganization
in certain bankruptcy cases in April. They showed that a Williams
Kherkher attorney certified that Phillips held a claim against
ASARCO, the owner of CAPCO.
A second ballot cast in 2009 after a settlement with Garlock
showed Phillips had a claim against CAPCO in which he listed a
disease level that required evidence of exposure to products
mined, manufacture, sold, supplied, produced, specified, selected,
distributed or marketed by CAPCO or ASARCO, the company says.
"Garlock is informed and believes that the firm knew about
Phillips' exposure to CAPCO products during 2008-09 when it
responded to or supplemented Garlock's discovery," the complaint
says, "and failed to disclose such exposure to Garlock because it
would decrease the value of the claims against Garlock."
Garlock called the current status of bankruptcy claims and civil
lawsuits "a two-track system that is rife with potential for
abuse."
ASBESTOS UPDATE: Fibro Find Closes McAllen High School Gym
----------------------------------------------------------
Andrew Kreighbaum of The Monitor reports that the McAllen school
district sent a letter to McAllen High School parents Monday,
Sept. 17 notifying them of asbestos discovered under the flooring
of the school's gym. Although no health risk was found, the
school district is closing the gym to students and employees.
A private contractor is conducting construction work on the gym to
repair hail damage from a March 29 storm.
Workers found a potential problem Friday, Sept. 14 and test
results returned Saturday, Sept. 15 showed material under the
flooring contained 2% asbestos. The letter to parents said the
problem was isolated to the plastic lining under the gym floor.
Subsequent air quality tests performed overnight Saturday showed
that the air is clean both in the gym and surrounding areas.
Water leaked from the roof after the March storm, causing warping
in the gym floor. The school has not used the gym for any events
since then.
District spokesman Mark May said costs of abatement work are still
unknown but the construction is still expected to be completed by
mid- to late November.
The abatement process should be completed within the next few
weeks, according to the letter to parents. Meanwhile, the gym
will be sealed off to both students and staff.
ASBESTOS UPDATE: Yarway Corp, 70 Others Face Lawsuit
----------------------------------------------------
Kyla Asbury of The West Virginia Record reports that a South
Shore, Ky., couple is suing 71 companies they claim are
responsible for an esophageal cancer diagnosis.
On Aug. 23, 2011, James D. Holbrook was diagnosed with esophageal
cancer, according to a complaint filed Aug. 21 in Kanawha Circuit
Court.
Holbrook and his wife, Guyneth Marie Holbrook, claim the 71
defendants are responsible for the cancer because he was exposed
to asbestos during his employment as a laborer and worker from
1956 until 1987.
The defendants are being sued based on theories of negligence,
contaminated buildings, breach of expressed/implied warranty,
strict liability, intentional tort, conspiracy, misrepresentations
and post-sale duty to warn, according to the suit.
The Holbrooks claim James Holbrook smoked one-half to one pack of
cigarettes per day from 1947 until 1972, but has since quit.
Certain defendants are also being sued as premises owners and as
James Holbrook's employers for deliberate intent/intentional tort,
according to the suit.
The Holbrooks are seeking a jury trial to resolve all issues
involved. They are being represented by Bronwyn I. Rinehart --
brinehart@jfhumphreys.com
The case has been assigned to a visiting judge.
The 71 companies named as defendants in the suit are A.K. Steel
Corporation; 3M Company; Ajax Magnathermic Corp.; Amdura
Corporation; A.W. Chesterton Company; Beazer East, Inc.; Bechtel
Corporation; Brand Insulations, Inc.; Bucyrus International, Inc.;
BW IP, Inc.; CBS Corporation; Catalytic Construction Company;
Caterpiller, Inc.; Certainteed Corporation; Cleaver-Brooks
Company, Inc.; Columbus McKinnon Corporation; Copes-Vulcan, Inc.;
Crane Company; Crown, Cork & Seal USA, Inc.; Cyclops Corporation;
Detroit Steel, Inc.; Dravo Corporation; Eaton Corporation;
Flowserve Corporation f/k/a the Duriron Company, Inc.; Flowserve
Corporation as Successor-In-Interest to Durametallic Corporation;
Foseco, Inc.; Foster Wheeler Energy Corporation; General Electric
Company; General Refractories Company; Georgia-Pacific LLC; Geo.
V. Hamilton, Inc.; Goulds Pumps, Inc.; Grinnell, LLC; Hercules,
Inc.; Honeywell International f/k/a Allied Signal, Inc.; Honeywell
International, Inc.; IMO Industries, Inc.; Industrial Holdings
Corporation; Ingersoll-Rand Company; Insul Company, Inc.; ITT
Corporation; J.H. France Refractories Company; Lockheed Martin
Corporation; McJunkin Corporation; Metropolitan Life Insurance
Company; Morgan Engineering, Inc.; Nitro Industrial Coverings,
Inc.; Oakfabco, Inc.; Oglebay Norton Company; Ohio Valley
Insulating Company, Inc.; Owens-Illinois, Inc.; Pneumo Abex, LLC;
Premiere Refractories, Inc.; Rapid American Corporation; Riley
Power Inc.; Rockwell Automation, Inc.; Rust Constructors, Inc.;
Rust Engineering & Construction, Inc.; Rust International, Inc.;
Schneider Electric; State Electric Supply Company; Swindell
Dressler International Corporation; Tasco Insulations, Inc.; Thiem
Corp.; UB West Virginia, Inc.; Union Carbide Chemical and Plastics
Company, Inc.; Uniroyal, Inc.; United Engineers & Constructors and
Washington Group International; Vimasco Corporation; West Virginia
Electric Supply Company; and Yarway Corporation.
Kanawha Circuit Court case number: 12-C-1680.
ASBESTOS UPDATE: 5K Fund Run for Former New London Firefighter
--------------------------------------------------------------
Julianne Hanckel of theday.com reports that as a lifetime career
firefighter with the New London Fire Department and a strong
community influence in Waterford, Gary Batch was known throughout
both communities for his dedication to public service.
When he was diagnosed in September 2009 with mesothelioma, a
cancer caused by an exposure to asbestos, his family knew time was
of the essence. The lining in Batch's left lung was removed, and
he underwent radiation and chemotherapy treatments. He died in
January 2011.
"It's pretty much a death sentence," his son, Jason Batch, said on
Tuesday, Sept. 18. "There is no cure. It takes about 30 or 40
years to become a cancer, so by the time you're diagnosed, it's
not until stage three or four."
To recognize his service to the community, the Gary Batch 5K
Walk/Run will be held at Waterford Beach Park. All proceeds from
the race will go to the Mesothelioma Applied Research Foundation.
So far, around $7,000 has been raised through registration or
donations for the race.
"Pretty much right after he passed, my family started to become a
little bit more involved in what mesothelioma is, because it's so
rare," said Jason Batch, who lives in Monroe.
He said about 3,000 cases arise each year and few U.S. doctors
specialize in treating the cancer.
"My dad had three main jobs right out of high school, and in all
three of them, he was exposed to asbestos," Batch said.
His father served in the U.S. Navy and was stationed on a
submarine for three years, then worked as a pipefitter at Electric
Boat for 2« years before beginning his firefighting career.
"Some of their gear was actually lined with asbestos because it
was a fire retardant, but there is no real way to pinpoint where
it came from. There isn't one easy place to look," Batch said.
Sept. 26 is the second annual National Mesothelioma Awareness Day.
ASBESTOS UPDATE: Bedford Seeks Grant to Demolish Water Plant
------------------------------------------------------------
wbiw.com reports that demolishing old structures can prove
expensive.
Bedford's outdated water plant on the west side of M Street has
been vacant since 2000, is in a state of disrepair, and harbors
environmental issues that must be addressed.
Asbestos is among the materials that must be removed.
A public meeting was held at the Board of Works meeting Sept. 17
afternoon to address concerns the public might have.
There were none.
Utilities Director Misty Adams says the site has become unsafe and
is a target for vandals.
"It has been vacated since 2000," Adam says. "There is a million
gallon water tank inside and we can no longer secure the
building."
Trena Carter of Administrative Resources Association will submit a
grant application available to remove blighted buildings through
disaster recovery funds.
"It will be competitive, but if we don't apply we will not get
it," Carter told the board. "So we need to give it our best
shot."
Carter estimated the cost of demolition at approximately $197,000.
The city would be responsible for 10% of the costs, if the city
receives the grant.
ASBESTOS UPDATE: 3rd Cir. Reverses Reinsurance Ruling v. Global
---------------------------------------------------------------
Buffalo Forge Company, a manufacturing company, was inundated in
various asbestos-related lawsuits in the 1990s. After exhausting
its primary policy issued purchased from Utica Mutual Insurance
Company, Buffalo Forge notified Pacific Employees Insurance
Company, in 2001, of the asbestos-related lawsuits and claims.
PEIC purchased reinsurance certificates from several reinsurers,
including Constitution Reinsurance Corporation, now know as Global
Reinsurance Corporation of America. PEIC then instructed its
brokers to inform the reinsurers of the developments in Buffalo
Forge's cases. The broker, however, failed to update the
reinsurers of the developments.
In 2009, PEIC sued Global for breach of contract, seeking $559,072
and a declaration of rights. Global denied liability and asked a
district court to declare that it has no liability under the
Certificate because PEIC failed to satisfy a paragraph stating
that "As a condition precedent, the Company [i.e., PEIC] shall
promptly provide the Reinsurer [i.e., Constitution, now Global]
with a definitive statement of loss on any claim or occurrence
reported to the Company and brought under this Certificate which
involves a death, serious injury or lawsuit." The District Court
found that the provision unambiguously requires PEIC to provide
Global with a definitive statement of loss ("DSOL") promptly after
Buffalo Forge reports a claim or occurrence involving a death,
serious injury, or lawsuit to PEIC under the excess policy. The
District Court also ruled that New York law applied to the DSOL
provision. The District Court then denied Global's summary
judgment motion and directed PEIC to seek the amount for breach of
contract.
PEIC appeals from the District Court's interpretation of the DSOL
provision and the Court's limit-of-liability ruling. Global
challenges the District Court's prediction of Pennsylvania law and
its choice-of-law analysis.
In an opinion dated September 7, 2012, the United States Court of
Appeals for the Third Circuit, agreed with the District Court by
holding that, reading the DSOL provision in the context of the
entire Certificate, it is fairly susceptible to only one
reasonable interpretation: PEIC must provide Global with a DSOL on
a subset of claims or occurrences, specifically those that involve
a death, serious injury or lawsuit. The Third Circuit ruled that
PEIC must provide the DSOL promptly after someone reports a claim
or occurrence to PEIC, and not promptly after PEIC demands
indemnity from Global. If PEIC dawdles, the consequences can be
severe, the Third Circuit said, pointing out that PEIC's
compliance with the provision is a condition precedent to Global's
duty to reinsure -- that is, its duty to make indemnity payments
relating to the underlying claim or occurrence -- and not merely
its duty to make such payments promptly.
The Third Circuit, however, held that the DSOL provision is
enforceable as written. The Third Circuit used the New York law
as choice-of-law analysis, not Pennsylvania law. The Third
Circuit explained that under New York law, when a reinsurance
contract expressly requires a reinsured to provide its reinsurer
with prompt notice of a claim or occurrence as a condition
precedent to coverage and the reinsured fails to do so, that
failure excuses the reinsurer from its duty to perform, regardless
whether the reinsurer suffered prejudice as a result of the late
notice. For the reasons stated, and after finding that no genuine
issue of material fact remains, the Third Circuit reversed the
District Court's Final Order and Judgment and remanded with
instructions that it enter a judgment of non-liability in Global's
favor.
The case is PACIFIC EMPLOYERS INSURANCE COMPANY Appellant (No. 11-
3262), v. GLOBAL REINSURANCE CORPORATION OF AMERICA, formerly
known as Constitution Reinsurance Corporation, Appellant (No. 11-
3234), Nos. 11-3234, 11-3262 (3rd. Circ.). A copy of the Third
Circuit's September 7, 2012, Decision is available at
http://is.gd/XdvGsBfrom Leagle.com.
ASBESTOS UPDATE: Ky. Ct. Grants Summary Judgment in Inmate's Suit
-----------------------------------------------------------------
Judge John G. Heyburn III of the U.S. District Court for the
Western District of Kentucky, Louisville, sustained the motion for
summary judgment filed by defendants LaDonna Thompson, et al., and
dismissed the claims asserted by plaintiff Everett Abney.
Plaintiff filed a pro se action while incarcerated at Kentucky
State Reformatory against defendants LaDonna Thompson, et al.,
alleging, among other things, that while he was on work detail, he
was exposed to "Friable Asbestos and Lead Paint/Dust and Fumes"
without proper working materials.
Judge Heyburn dismissed sustained the defendants' summary judgment
motion after determining that Plaintiff's medical history and
results of his diagnostic tests did not indicate that he was
exposed to asbestos or that he contracted any disease as a result
of his exposure to asbestos.
The case is EVERETT D. ABNEY, Plaintiff, v. LADONNA THOMPSON, et
al., Defendants, Civil Action No. 3:10-CV-606-H (Ken.). A copy of
Judge Heyburn's Decision dated September 7, 2012, is available at
http://is.gd/tlxC4ffrom Leagle.com
ASBESTOS UPDATE: NJ Court Halts Arrowood Suit Pending Discovery
---------------------------------------------------------------
Judge Anne E. Thompson of the U.S. District Court for the District
of New Jersey administratively terminated Plaintiff Arrowood
Indemnity Company's motion for entry of judgment pending
additional discovery and denied Defendant Metallo Gasket Company's
cross-motion for partial summary judgment.
Metallo, a manufacturer of custom made gaskets, shims, diaphragms,
washers, and tower packings, purchased a general commercial
liability policy from Arrowood. Beginning in 1981, Metallo began
tendering claims of bodily injury or personal injury allegedly
caused by exposure to asbestos-containing products it manufactured
and distributed. In 2001, the parties entered into a non-waiver
agreement with respect to the underlying claims in which Arrowood
reserved the right to withdraw its defense and seek reimbursement
for legal fees. In 2009, Arrowood filed a complaint seeking
reimbursement for the portion of the monies it paid for defense
and indemnity costs incurred and paid from February 7, 2009,
through February 16, 2012.
Judge Thompson ruled that Metallo should be allowed to depose
Arrowood's experts and submit a rebuttal for the Court's
consideration. Specifically, the Court believes that it would be
in the interest of justice to afford Metallo an opportunity to
rebut Arrowood's proposed allocation model and submit its own
well-supported calculations of the amounts it owed to Arrowood.
The case is ARROWOOD INDEMNITY CO., Plaintiff, v. METALLO GASKET
CO., Defendant, Civil No. 09-4814 (AET) (N.J.). A copy of Judge
Thompson's Decision dated September 10, 2012, is available at
http://is.gd/OyRinjfrom Leagle.com.
ASBESTOS UPDATE: Georgia-Pacific's Bid to Dismiss Suit Junked
-------------------------------------------------------------
Judge Sherry Klein Heitler of the Supreme Court, New York County,
denied defendant Georgia-Pacific, LLC's motion for summary
judgment dismissing the asbestos personal injury action captioned
EDWARD SADOWSKI and ALBERTA SADOWSKI, Plaintiffs, v. A.O. SMITH
WATER PRODUCTS, et al., Defendants, Docket No. 190215/11, Motion
Seq. No. 003, Motion Seq. 004 (N.Y.), after determining that Mr.
Sadowski's testimony sufficiently identifies Georgia-Pacific's
asbestos-containing joint compound being used and creating dust in
his presence throughout his career as construction superintendent
from 1970-1983.
A copy of Judge Heitler's September 13, 2012, Decision is
available at http://is.gd/iF1Bwbfrom Leagle.com.
ASBESTOS UPDATE: Plan Confirmed in 11-Year Old Bankruptcy Case
--------------------------------------------------------------
Bankruptcy Judge Roger L. Efremsky in Oakland, California,
confirmed a modified joint Chapter 11 plan of liquidation in the
11-year old cases of Chicago Fire Brick Company, now known as CFB
Liquidating Corporation; and Wellsville Fire Brick Company, nka
WFB Liquidating Corporation.
As of the Petition Date, the CFB and WFB Debtors were subject to
thousands of asbestos-related personal injury claims asserting
millions of dollars of liabilities. Over 1,300 claims were filed
against the Debtors prior to the Feb. 19, 2002 claims bar date.
Among these claims were claims filed by law firms that each filed
a single claim on behalf of hundreds of claimants. As a result,
on or before the Bar Date, the Debtors received claims filed by,
or on behalf of, more than 20,000 holders of Asbestos Claims.
On June 4, 2012, the Bankruptcy Court entered an order
establishing a supplemental bar date of July 16, 2012, for any
claimant holding an Asbestos Claim who was unaware of the
condition(s) giving rise to his or her claim on or before Feb. 19,
2002. The CFB and WFB Debtors received over 700 additional claims
prior to the Supplemental Bar Date.
The cornerstones of the CFB and WFB Debtors' Plan are:
(i) the creation of a liquidating trust, to which all of the
so-called Class 3 Bar Date Asbestos Personal Injury Claims, and
all so-called Class 4 Supplemental Bar Date Asbestos Personal
Injury Claims against the Debtors will be channeled for resolution
and payment, and
(ii) the proposed insurance policy buyback settlement
transactions with four insurance carriers which will provide more
than $16 million from which the Liquidating Trust can fund
distributions to holders of Trust Claims.
The Plan also includes a settlement option granted in favor of a
fifth insurer, Continental Casualty Company, pursuant to which
Continental may elect, at any time prior to the Effective Date of
the Plan, to enter into an insurance policy buyback and settlement
transaction similar in form to the Debtors' Insurance Settlements,
in exchange for the payment of 100% of remaining policy limits.
Chicago Fire Brick and Wellsville Fire Brick filed voluntary
Chapter 11 petitions (Bankr. N.D. Calif. Case No. 01-45483) on
Oct. 10, 2001. Their parent, National Refractories and Minerals
Corporation, and affiliates NAT Liquidation Corporation, f/k/a
National Affiliated Technologies, Inc., and National Refractories
and Minerals, Inc., also filed voluntary petitions on the same day
[Bankr. N.D. Calif. Case No. 01-45482]. At the time of the filing,
the Debtors estimated their assets and debts at more than
$50 million.
On Sept. 18, 2002, the Bankruptcy Court approved the appointment
of Bradley L. Sharp as Responsible Individual for the chapter 11
estates of each of the CFB and WFB Debtors and the National
Refractories Debtors. Mr. Sharp has continued in that capacity
throughout the duration of the Debtors' cases.
Following his appointment, Mr. Sharp pursued the sale of the
operating assets of the CFB and WFB Debtors and the National
Refractories Debtors. After substantial marketing efforts, Mr.
Sharp completed sales of those assets in late 2002 and early 2003.
Following the Asset Sales, the CFB and WFB Debtors and National
Refractories Debtors possessed few remaining assets, consisting
primarily of the proceeds from the Asset Sales and certain
insurance policies that provide coverage for Asbestos Claims that
have been asserted against CFB.
On Dec. 15, 2006, the CFB and WFB Debtors and National
Refractories Debtors sought Court authority to wind down their
estates by making pro rata distributions from available assets to
administrative expense claimants, designating a service agent for
complaints against the Debtors asserting Asbestos Claims and,
thereafter, dismissing their bankruptcy cases. On Jan. 4, 2007,
the Bankruptcy Court authorized the CFB and WFB Debtors and the
National Refractories Debtors to make pro-rata distributions to
holders of allowed administrative claims.
On Nov. 17, 2008, Mr. Sharp dismissed only the bankruptcy cases of
the National Refractories Debtors, explaining to the Bankruptcy
Court that, in light of productive settlement discussions with the
CFB and WFB Debtors' insurance carriers, Mr. Sharp wished to keep
the Debtors' cases open.
After CFB filed its own proposed chapter 11 plan in 2009 and
received objections to that plan, the CFB and WFB Debtors filed
the modified liquidating Plan on June 1, 2012.
The Plan requires all holders of Trust Claims to file a claim form
with the Liquidating Trust, together with supporting
documentation, as required by the Debtors' proposed Liquidating
Trust Distribution Procedures. The Liquidating Trust shall
resolve and pay the Trust Claims in accordance with the TDP.
The Liquidating Trust will be funded from the proceeds of the
insurance settlements incorporated into the Plan and the proceeds
from the Debtors' additional claims and rights against non-
settling insurers. Because the Debtors lack assets unrelated to
their insurance rights, unsecured trade creditors will not receive
any payment on account of their claims.
Based on the votes cast in favor of the Plan by the Class 3 and
Class 4 Claimants who voted and the assigned value of the claims
underlying such ballots, the Plan has received sufficient votes to
have been accepted by holders of not less than two-thirds (2/3) in
amount and one-half (1/2) in number of Class 3 Bar Date Asbestos
Personal Injury Claims, and at least two-thirds in amount and one-
half in number of Class 4 Supplemental Bar Date Asbestos Personal
Injury Claims.
Ballots were received from or on behalf of 4,374 holders of Class
3 Bar Date Asbestos Personal Injury Claims. Of these ballots,
100% were cast in favor of the Plan. Ballots were also received
from or on behalf of 664 holders of Class 4 Supplemental Bar Date
Asbestos Personal Injury Claims. Of these ballots, 100% were cast
in favor of the Plan.
The Plan Confirmation Order dated Sept. 10 also constitutes the
Court's approval of the Debtors' Insurance Settlements with four
insurers:
* Hartford Accident and Indemnity Company
* Bituminous Casualty Corporation
* ACE Insurance Company
* Safety National Casualty Company
Each of the Insurance Settlements involves the Debtors' sale
pursuant to 11 U.S.C. section 363(b) of the insurance policies
issued to or for the benefit of the Debtors by the particular
Settling Insurer, free and clear of all liens, claims and
interests pursuant to section 363(f), with such liens, claims and
interests attaching to the proceeds thereof. Each Insurance
Settlement also contemplates the settlement and resolution of all
of the Debtors' claims relating to these policies, pursuant to
Bankruptcy Rule 9019.
Hartford has agreed to pay $9,191,305 to repurchase the policies
it issued to, or for the benefit of the Debtors and in resolution
of all claims relating to those policies.
Bituminous has agreed to pay $1,585,394 to repurchase the policies
it issued to, or for the benefit of the Debtors and in resolution
of all claims relating to those policies.
ACE has agreed to pay $797,296 to repurchase the policies it
issued to, or for the benefit of the Debtors and in resolution of
all claims relating to those policies.
Safety National has agreed to pay $4,900,000 to repurchase the
policies it issued to, or for the benefit of the Debtors and in
resolution of all claims relating to those policies.
The Debtors also have granted Continental the option at any time
prior to the Effective Date, to repurchase the policies it issued
to, or for the benefit of the Debtors and to resolve all claims
relating to those policies in exchange for the payment of the
remaining coverage limits available under those policies. The
parties have agreed that the remaining limits on those policies
total roughly $2.56 million.
The Court finds that the Settlements constitute good and fair
consideration for the sale of the insurance policies.
Counsel to the CFB and WFB Debtors are:
John Kennedy, Esq.
LINER GRODE STEIN YANKELEVITZ,
SUNSHINE REGENSTREIF & TAYLOR LLP
Los Angeles, CA
Facsimile: (310) 500-3501
E-mail: jkennedy@linerlaw.com
- and -
Joseph D. Frank, Esq.
Jeremy C. Kleinman, Esq.
FRANKGECKER LLP
Chicago, IL
Facsimile: (312) 276-0035
E-mail: jfrank@fgllp.com
jkleinman@fgllp.com
A copy of the Court's Findings of Fact and Conclusions of Law
dated Sept. 10, 2012, is available at http://is.gd/rgJ9Gofrom
Leagle.com.
ASBESTOS UPDATE: Ameren Continues to Defend PI Exposure Suits
-------------------------------------------------------------
Ameren Corporation and its subsidiaries continue to defend
asbestos-related claims, according to the Company's Form 10-Q
filing with the U.S. Securities and Exchange Commission for the
quarterly period ended June 30, 2012.
Ameren Corp., Union Electric Company or Ameren Missouri, Ameren
Illinois Company and Electric Energy, Inc. ("EEI"), an 80%-owned
subsidiary of Ameren Energy Generating Company ("Genco") have been
named, along with numerous other parties, in a number of lawsuits
filed by plaintiffs claiming varying degrees of injury from
asbestos exposure. Most have been filed in the Circuit Court of
Madison County, Illinois. The total number of defendants named in
each case varies, with as many as 272 parties named in some
pending cases and as few as two in others. In the cases pending as
of June 30, 2012, the average number of parties was 79.
The claims filed against Ameren, Ameren Missouri and Ameren
Illinois allege injury from asbestos exposure during the
plaintiffs' activities at our present or former electric
generating plants. Certain former Ameren Illinois energy centers
are now owned by either Genco or AERG. As a part of the transfer
of energy center ownership in 2000 and 2003, Ameren Illinois
contractually agreed to indemnify Genco and AERG, respectively,
for liabilities associated with asbestos-related claims arising
from activities prior to each transfer. Each lawsuit seeks
unspecified damages that, if awarded at trial, typically would be
shared among the various defendants.
Pending asbestos-related lawsuits filed against the Ameren
Companies as of June 30, 2012:
Ameren 4
Ameren Missouri 69
Ameren Illinois 91
Genco 8
Some of the lawsuits name multiple Ameren entities as defendants.
As of June 30, 2012, eight asbestos-related lawsuits were pending
against EEI. The general liability insurance maintained by EEI
provides coverage with respect to liabilities arising from
asbestos-related claims.
At June 30, 2012, Ameren, Ameren Missouri, Ameren Illinois and
Genco had liabilities of $21 million, $8 million, $13 million, and
$- million, respectively, recorded to represent their estimate of
their obligations related to asbestos claims.
Ameren Illinois has a tariff rider which permits recovery from
customers within IP's historical service territory of asbestos-
related litigation claims that occurred within IP's historical
service territory. The rider can recover the costs of asbestos-
related litigation claims, subject to the following terms: 90% of
cash expenditures in excess of the amount included in base
electric rates are to be recovered from a trust fund that was
established when Ameren acquired IP. At June 30, 2012, the trust
fund balance was $23 million, including accumulated interest. If
cash expenditures are less than the amount in base rates, Ameren
Illinois will contribute 90% of the difference to the trust fund.
Once the trust fund is depleted, 90% of allowed cash expenditures
in excess of base rates will be recovered through charges assessed
to customers under the tariff rider.
Ameren Corporation, headquartered in St. Louis, Missouri, is a
public utility holding company under PUHCA 2005, administered by
FERC. Ameren's primary assets are the common stock of its
subsidiaries. These subsidiaries operate, as the case may be,
rate-regulated electric generation, transmission and distribution
businesses, rate-regulated natural gas transmission and
distribution businesses, and merchant electric generation
businesses in Missouri and Illinois.
ASBESTOS UPDATE: To Finish Asbestos Liabilities Review in 3Q
------------------------------------------------------------
American Financial Group, Inc., expects to finish its customary
in-depth internal review of its asbestos and environmental
liabilities in the third quarter of 2012, according to the
Company's Form 10-Q filing with the U.S. Securities and Exchange
Commission for the quarterly period ended June 30, 2012.
During the second quarter of 2011, AFG completed a comprehensive
study of its asbestos and environmental exposures relating to the
run-off operations of its property and casualty group and its
exposures related to former railroad and manufacturing operations
and sites.
As a result of the 2011 study, AFG recorded a $50 million special
charge (net of reinsurance) to increase the property and casualty
group's asbestos reserves by $28 million and its environmental
reserves by $22 million. The property and casualty group's
asbestos reserve increase related primarily to exposures on
business assumed from other insurers. The increase in
environmental reserves was attributed primarily to a small number
of increases on specific environmental claims at several sites.
In addition to the property and casualty group, the 2011 study
encompassed reserves for asbestos and environmental exposures of
AFG's former railroad and manufacturing operations. As a result of
the study, AFG recorded a $9 million special charge (included in
other expenses) to increase its asbestos reserves by $3 million
and environmental reserves by $6 million.
AFG has scheduled a customary in-depth internal review of its
asbestos and environmental liabilities to be completed in the
third quarter of 2012 in order to conform to the practice of most
of its peers.
ASBESTOS UPDATE: GST Estimation Trial Tentatively Set for April
---------------------------------------------------------------
EnPro Industries, Inc.'s subsidiaries continue to be involved in
asbestos-related litigation, according to the Company's Form 10-Q
filing with the U.S. Securities and Exchange Commission for the
quarterly period ended June 30, 2012.
The historical business operations of Garlock Sealing Technologies
LLC ("GST LLC") and The Anchor Packing Company ("Anchor") resulted
in a substantial volume of asbestos litigation in which plaintiffs
alleged that exposure to asbestos fibers in products produced or
sold by GST LLC or Anchor, together with products produced and
sold by numerous other companies, contributed to the bodily
injuries or deaths of such plaintiffs. GST LLC and Anchor
manufactured and/or sold industrial sealing products that
contained encapsulated asbestos fibers. Other subsidiaries of the
company that manufactured or sold equipment that may have at
various times in the past contained asbestos-containing components
have also been named in a number of asbestos lawsuits, but neither
the Company nor any of its subsidiaries other than GST LLC and
Anchor has ever paid an asbestos claim.
Since the first asbestos-related lawsuits were filed against GST
LLC in 1975, GST LLC and Anchor have processed more than 900,000
claims to conclusion, and, together with insurers, have paid over
$1.4 billion in settlements and judgments and over $400 million in
fees and expenses. The Company's subsidiaries' exposure to
asbestos litigation and their relationships with insurance
carriers have been managed through a Coltec Industries Inc
("Coltec") subsidiary, Garrison Litigation Management Group, Ltd.
("Garrison").
On the Petition Date, GST LLC, Garrison and Anchor filed voluntary
petitions for reorganization under Chapter 11 of the United States
Bankruptcy Code in the Bankruptcy Court. The filings were the
initial step in a claims resolution process.
During the pendency of the Chapter 11 proceedings, certain actions
proposed to be taken by GST not in the ordinary course of business
will be subject to approval by the Bankruptcy Court. As a result,
during the pendency of these proceedings, the Company will not
have exclusive control over these companies. Accordingly, as
required by GAAP, GST was deconsolidated beginning on the Petition
Date.
As a result of the initiation of the Chapter 11 proceedings, the
resolution of asbestos claims is subject to the jurisdiction of
the Bankruptcy Court. The filing of the Chapter 11 cases
automatically stayed the prosecution of pending asbestos bodily
injury and wrongful death lawsuits, and initiation of new such
lawsuits, against GST. Further, the Bankruptcy Court issued an
order enjoining plaintiffs from bringing or further prosecuting
asbestos products liability actions against affiliates of GST,
including EnPro, Coltec and all their subsidiaries, during the
pendency of the Chapter 11 proceedings, subject to further order.
As a result, the numbers of new claims filed against the Company's
subsidiaries and, except as a result of the resolution of appeals
from verdicts rendered prior to the Petition Date, the numbers of
claims pending against them have not changed since the Petition
Date, and those numbers continue to be as reported in the
Company's 2009 Form 10-K and its quarterly reports for the first
and second quarters of 2010.
On the Petition Date, according to Garrison, there were more than
90,000 total claims pending against GST LLC, and approximately
5,800 claims alleging the disease mesothelioma. Mesothelioma is a
rare cancer of the protective lining of many of the body's
internal organs, principally the lungs. The primary cause of
mesothelioma is believed to be exposure to asbestos. As a result
of asbestos tort reform during the 2000s, most active asbestos-
related lawsuits, and a large majority of the amount of payments
made by the Company's subsidiaries, have been as a result of
claims alleging mesothelioma. In total, GST LLC has paid $563.2
million to resolve a total of 15,300 mesothelioma claims, and
another 5,700 mesothelioma claims have been dismissed without
payment.
In order to estimate the allowed amount for mesothelioma claims
against GST, the Bankruptcy Court approved a process whereby all
current GST LLC mesothelioma claimants were required to respond to
a questionnaire about their claims. Questionnaires were
distributed to the mesothelioma claimants identified in Garrison's
claims database. Many of the 5,800 claimants (over 700) have not
responded to the questionnaire at all, many others (more than
1,700) have acknowledged that they do not have mesothelioma, or
that they cannot establish exposure to GST products, or that their
claims were dismissed, settled or withdrawn. Still others have
responded to the questionnaire but their responses are deficient
in some material respect. As a result of this process, GST LLC and
Garrison believe that less than 3,500 claimants now assert that
they had mesothelioma claims against GST LLC as of the Petition
Date.
Since the Petition Date, many asbestos-related lawsuits have been
filed by claimants against other companies in state and federal
courts, and many of those claimants might also have included GST
LLC as a defendant but for the bankruptcy injunction. Many of
those claimants likely will make claims against GST in the
bankruptcy proceeding.
The Company has consistently asserted that the asbestos-containing
products manufactured or sold by GST could not have been a
substantial contributing cause of any asbestos-related disease.
The asbestos in the products was encapsulated, which means the
asbestos fibers incorporated into the products during the
manufacturing process were sealed in binders. The products were
also nonfriable, which means they could not be crumbled by hand
pressure. The U.S. Occupational Safety and Health Administration,
which began generally requiring warnings on asbestos-containing
products in 1972, has never required that a warning be placed on
products such as GST LLC's gaskets. Even though no warning label
was required, GST LLC included one on all of its asbestos-
containing products beginning in 1978. Further, gaskets such as
those previously manufactured and sold by GST LLC are one of the
few asbestos-containing products still permitted to be
manufactured under regulations of the U.S. Environmental
Protection Agency. Nevertheless, GST LLC discontinued all
manufacture and distribution of asbestos-containing products in
the U.S. during 2000 and worldwide in mid-2001.
GST LLC has had a record of success in trials of asbestos cases,
especially before the bankruptcies of many of the historically
significant asbestos defendants, those who manufactured raw
asbestos, asbestos insulation, refractory products or other
dangerous friable asbestos products. However, it has on occasion
lost jury verdicts at trial. GST has consistently appealed when it
has received an adverse verdict and has enjoyed success in a
majority of those appeals. The Company believes that GST LLC will
continue to be successful in the appellate process, although there
can be no assurance of success in any particular appeal. GST LLC
won reversals of adverse verdicts in one of two recent appellate
decisions. In September 2011, the United States Court of Appeals
for the Sixth Circuit overturned a $500 thousand verdict against
GST LLC that was handed down in 2009 by a Kentucky federal court
jury. The federal appellate court found that GST LLC's motion for
judgment as a matter of law should have been granted because the
evidence was not sufficient to support a determination of
liability. The Sixth Circuit's chief judge wrote that, "On the
basis of this record, saying that exposure to Garlock gaskets was
a substantial cause of [claimant's] mesothelioma would be akin to
saying that one who pours a bucket of water into the ocean has
substantially contributed to the ocean's volume." In May 2011, a
three-judge panel of the Kentucky Court of Appeals upheld GST
LLC's $700 thousand share of a jury verdict, which included
punitive damages, in a lung cancer case against GST LLC in
Kentucky state court. This verdict, which was secured by a bond
pending the appeal, was paid in June 2012. At June 30, 2012, three
additional GST LLC appeals are pending from adverse decisions
totaling $2.4 million.
At June 30, 2012, the Company had $147.3 million of insurance
coverage the Company believes is available to cover current and
future asbestos claims payments and certain expense payments. GST
has collected insurance payments totaling $47.3 million since the
Petition Date, including $10 million collected in the second
quarter of 2012. Of the $147.3 million of available insurance
coverage remaining, the Company considers $144.6 million (98%) to
be of high quality because the insurance policies are written or
guaranteed by U.S.-based carriers whose credit rating by S&P is
investment grade (BBB-) or better, and whose AM Best rating is
excellent (A-) or better. The Company considers $2.7 million (2%)
to be of moderate quality because the insurance policies are
written with various London market carriers. Of the $147.3
million, $111.3 million is allocated to claims that were paid by
GST LLC prior to the initiation of the Chapter 11 proceedings and
submitted to insurance companies for reimbursement, and the
remainder is allocated to pending and estimated future claims.
There are specific agreements in place with carriers covering
$109.6 million of the remaining available coverage. Based on those
agreements and the terms of the policies in place and prior
decisions concerning coverage, the Company is of the view that
substantially all of the $147.3 million of insurance proceeds will
ultimately be collected, although there can be no assurance that
the insurance companies will make the payments as and when due.
The $147.3 million is in addition to the $14.6 million collected
in the first half of 2012. Based on those agreements and policies,
some of which define specific annual amounts to be paid and others
of which limit the amount that can be recovered in any one year,
the Company anticipates that $36.9 million will become collectible
at the conclusion of GST's Chapter 11 proceeding and that the
following amounts will be collected in the years set out
regardless of when the case concludes:
2012 ? $5.7 million (in the second half of the year)
2013 ? $22.7 million
2014 ? $20 million
2015 ? $20 million
2016 ? $18 million
2017 ? $13 million
2018 ? $11 million
In addition, GST LLC has received $6.7 million of insurance
recoveries from insolvent carriers since 2007 (including $3.9
million in the first six months of 2012) and may receive
additional payments from insolvent carriers in the future. No
anticipated insolvent carrier collections are included in the
$147.3 million of anticipated collections. The insurance available
to cover current and future asbestos claims is from comprehensive
general liability policies that cover Coltec and certain of its
other subsidiaries in addition to GST LLC for periods prior to
1985 and therefore could be subject to potential competing claims
of other covered subsidiaries and their assignees.
The Company's recorded asbestos liability as of the Petition Date
was $472.1 million. The Company based that recorded liability on
an estimate of probable and estimable asbestos personal injury
claims under generally accepted accounting principles, made by the
Company, with the assistance of Garrison and an estimation expert,
Bates White, retained by GST LLC's counsel. The estimate was an
estimate of the most likely point in a broad range of potential
amounts that GST LLC might have to pay to resolve asbestos claims
(by settlement in the majority of the cases except those dismissed
or tried) over the following ten-year period in the state court
system, plus accrued but unpaid legal fees. The estimate, which
was not discounted to present value, did not reflect GST LLC's
views of its actual legal liability; GST LLC has continuously
maintained that its products could not have been a substantial
contributing cause of any asbestos disease. Instead, the liability
estimate reflected GST LLC's recognition of the fact that most
claims would be resolved more efficiently and at a significantly
lower cost through settlements without any actual liability
determination.
Neither the Company nor GST has endeavored to update the estimate
since the Petition Date except as necessary to reflect payments of
accrued fees and the disposition of cases on appeal. As a result
of those necessary updates, the liability estimate at
June 30, 2012 was $466.8 million. In each asbestos-driven Chapter
11 case that has been resolved previously, the amount of the
debtor's liability has been determined as part of a consensual
plan of reorganization agreed to by the debtor and its creditors,
including asbestos claimants and a representative of potential
future claimants. GST does not believe that there is a reliable
process by which an estimate of such a resolution can be made and
therefore believes that there is no basis upon which it can revise
the estimate last updated prior to the Petition Date.
In a proposed plan of reorganization filed by GST and opposed by
claimant representatives, GST has proposed to resolve all pending
and future claims. GST has estimated that the amounts to be paid
into the Trust created by the plan for payments to future
claimants plus the indemnity costs incurred under the plan to pay
present claimants would be approximately $270 million. Claimant
representatives, on the other hand, have asserted that GST's
liability exceeds the value of GST.
The Company has offered to fund $30 million of the proposed
settlement in order to resolve any and all derivative claims
against it, and to guarantee the obligations of GST under the
proposed plan. That offer is incorporated into the terms of the
proposed plan and is only offered in the context of that plan,
which would result in the equity interests of GST being retained
by GST's equity holder and the reconsolidation of GST into the
Company, and an injunction protecting the Company from future GST
claims.
The Company cannot predict when a plan of reorganization for GST
LLC might be approved and effective; however, an estimation trial
for the purpose of determining the number and value of allowed
mesothelioma claims for plan feasibility purposes has been
tentatively scheduled for April 2013. The Company believes that
GST will present compelling defenses at the estimation trial that,
among other things, GST's products could not have been a
substantial contributing cause of any asbestos-related disease and
that therefore the amounts that will be paid under its proposed
plan would be far more than sufficient to fully fund its actual
legal liability. There are many potential hurdles to plan
confirmation, including appeals, that could arise during and after
the estimation trial.
EnPro Industries, Inc., designs, develops, manufactures and
markets proprietary engineered industrial products that primarily
include sealing products, self-lubricating, non-rolling bearing
products, precision engineered components and lubrication systems
for reciprocating compressors, and heavy-duty, medium-speed
diesel, natural gas and dual fuel reciprocating engines, including
parts and services for engines.
ASBESTOS UPDATE: Duke Energy Carolinas Had $776MM Reserves
----------------------------------------------------------
Duke Energy Corporation's subsidiary Duke Energy Carolinas, LLC,
recognized $776 million as asbestos-related reserves as of
June 30, 2012, according to the Company's Form 10-Q filing with
the U.S. Securities and Exchange Commission for the quarterly
period ended June 30, 2012.
Duke Energy Carolinas has experienced numerous claims for
indemnification and medical cost reimbursement relating to damages
for bodily injuries alleged to have arisen from the exposure to or
use of asbestos in connection with construction and maintenance
activities conducted on its electric generation plants prior to
1985. As of June 30, 2012, there were 188 asserted claims for non-
malignant cases with the cumulative relief sought of up to $47
million, and 58 asserted claims for malignant cases with the
cumulative relief sought of up to $21 million. Based on Duke
Energy Carolinas' experience, it is expected that the ultimate
resolution of most of these claims likely will be less than the
amount claimed.
Amounts recognized as asbestos-related reserves related to Duke
Energy Carolinas in the respective Condensed Consolidated Balance
Sheets totaled $776 million and $801 million as of June 30, 2012
and December 31, 2011, respectively, and are classified in Other
within Deferred Credits and Other Liabilities and Other within
Current Liabilities. These reserves are based upon the minimum
amount in Duke Energy Carolinas' best estimate of the range of
loss for current and future asbestos claims through 2030.
Management believes that it is possible there will be additional
claims filed against Duke Energy Carolinas after 2030. In light of
the uncertainties inherent in a longer-term forecast, management
does not believe that they can reasonably estimate the indemnity
and medical costs that might be incurred after 2030 related to
such potential claims. Asbestos-related loss estimates incorporate
anticipated inflation, if applicable, and are recorded on an
undiscounted basis. These reserves are based upon current
estimates and are subject to greater uncertainty as the projection
period lengthens. A significant upward or downward trend in the
number of claims filed, the nature of the alleged injury, and the
average cost of resolving each such claim could change the
company's estimated liability, as could any substantial or
favorable verdict at trial. A federal legislative solution,
further state tort reform or structured settlement transactions
could also change the estimated liability. Given the uncertainties
associated with projecting matters into the future and numerous
other factors outside the company's control, management believes
that it is possible Duke Energy Carolinas may incur asbestos
liabilities in excess of the recorded reserves.
Duke Energy Carolinas has a third-party insurance policy to cover
certain losses related to asbestos-related injuries and damages
above an aggregate self insured retention of $476 million. Duke
Energy Carolinas' cumulative payments began to exceed the self
insurance retention on its insurance policy in 2008. Future
payments up to the policy limit will be reimbursed by Duke Energy
Carolinas' third party insurance carrier. The insurance policy
limit for potential future insurance recoveries for
indemnification and medical cost claim payments is $968 million in
excess of the self insured retention. Insurance recoveries of $813
million related to this policy are classified in the respective
Condensed Consolidated Balance Sheets in Other within Investments
and Other Assets and Receivables as of both June 30, 2012 and
December 31, 2011, respectively. Duke Energy Carolinas is not
aware of any uncertainties regarding the legal sufficiency of
insurance claims. Management believes the insurance recovery asset
is probable of recovery as the insurance carrier continues to have
a strong financial strength rating.
Duke Energy Corporation is an energy company. Duke Energy
operates in the United States primarily through its direct and
indirect wholly owned subsidiaries, Duke Energy Carolinas, LLC,
Duke Energy Ohio, Inc., which includes Duke Energy Kentucky, Inc.,
and Duke Energy Indiana, Inc. Effective July 2, 2012, the Company
merged with Progress Energy Inc.
ASBESTOS UPDATE: Duke Energy Ohio Continues to Defend Claims
------------------------------------------------------------
Duke Energy Corporation's subsidiary Duke Energy Ohio, Inc.,
continues to defend lawsuits alleging asbestos-related injuries
and damages claims, according to the Company's Form 10-Q filing
with the U.S. Securities and Exchange Commission for the quarterly
period ended June 30, 2012.
Duke Energy Ohio has been named as a defendant or co-defendant in
lawsuits related to asbestos at its electric generating stations.
The impact on Duke Energy Ohio's consolidated results of
operations, cash flows or financial position of these cases to
date has not been material. Based on estimates under varying
assumptions concerning uncertainties, such as, among others: (i)
the number of contractors potentially exposed to asbestos during
construction or maintenance of Duke Energy Ohio generating plants;
(ii) the possible incidence of various illnesses among exposed
workers, and (iii) the potential settlement costs without federal
or other legislation that addresses asbestos tort actions, Duke
Energy Ohio estimates that the range of reasonably possible
exposure in existing and future suits over the foreseeable future
is not material. This estimated range of exposure may change as
additional settlements occur and claims are made and more case law
is established.
Duke Energy Corporation is an energy company. Duke Energy
operates in the United States primarily through its direct and
indirect wholly owned subsidiaries, Duke Energy Carolinas, LLC,
Duke Energy Ohio, Inc., which includes Duke Energy Kentucky, Inc.,
and Duke Energy Indiana, Inc. Effective July 2, 2012, the Company
merged with Progress Energy Inc.
ASBESTOS UPDATE: MRC Global Had 1,036 Asbestos Claims at June 30
----------------------------------------------------------------
MRC Global Inc., as of June 30, 2012, is a defendant in lawsuits
involving approximately 1,036 asbestos claims, according to the
Company's Form 10-Q filing with the U.S. Securities and Exchange
Commission for the quarterly period ended June 30, 2012.
The Company states: "We are involved in various legal proceedings
and claims, both as a plaintiff and a defendant, which arise in
the ordinary course of business. These legal proceedings include
claims that individuals brought against a large number of
defendant entities, including us, seeking damages for injuries
that certain products containing asbestos allegedly caused. As of
June 30, 2012, we are a defendant in lawsuits involving
approximately 1,036 of these claims. Each claim involves
allegations of exposure to asbestos-containing materials by an
individual or his or her family members. The complaints typically
name many defendants. In a majority of these lawsuits, little or
no information is known regarding the nature of the plaintiff's
alleged injuries or their connection with products that we
distributed. Through June 30, 2012, lawsuits involving 11,913
claims have been brought against us. No asbestos lawsuit has
resulted in a judgment against us to date, with the majority being
settled, dismissed or otherwise resolved. In total, since the
first asbestos claim brought against us in 1984 through December
31, 2011, approximately $1.8 million has been paid to asbestos
claimants in connection with settlements of claims against us
without regard to insurance recoveries. There has been an
increase in the number of claims filed since the fiscal year
ending December 31, 2007. We believe that this increase is
primarily due to an increase in the marketing efforts by personal
injury law firms in West Virginia and Pennsylvania. Although we do
not know whether this is a trend that will continue in the near
term, in the long term, we anticipate that asbestos-related
litigation against us will decrease as the incidence of asbestos-
related disease in the general U.S. population decreases.
"We annually conduct analyses of our asbestos-related litigation
to estimate the adequacy of the reserve for pending and probable
asbestos-related claims. These analyses consist of separately
estimating our reserve with respect to pending claims (both those
scheduled for trial and those for which a trial date had not been
scheduled), mass filings (including lawsuits brought in West
Virginia each involving many, in some cases over a hundred,
plaintiffs, which include little information regarding the nature
of each plaintiff's claim and historically have rarely resulted in
any payments to plaintiff) and probable future claims. A key
element of the analysis is categorizing our claims by the type of
disease the plaintiffs allege and developing "benchmark" estimated
settlement values for each claim category based on our historical
settlement experience. These estimated settlement values are
applied to each of our pending individual claims. With respect to
pending claims where the disease type is unknown, the outcome is
projected based on historic experience. The reserve with respect
to mass filings is estimated by determining the number of
individual plaintiffs included in the mass filings likely to have
claims resulting in settlements based on our historical experience
with mass filings. Finally, we estimate the value of probable
claims that plaintiffs may assert against us over the next 15
years based on public health estimates of future incidences of
certain asbestos-related diseases in the general U.S. population.
Estimated settlement values are applied to those projected claims.
Our annual assessment, dated September 30, 2011, projected that
our payments to asbestos claimants over the next 15 years are
estimated to range from $5 million to $11 million. Given these
estimates and existing insurance coverage that historically has
been available to cover substantial portions of our past payments
to claimants and defense costs, we believe that our current
accruals and associated estimates relating to pending and probable
asbestos-related litigation likely to be asserted over the next 15
years are currently adequate."
MRC Global Inc., formerly known as McJunkin Red Man Holding
Corporation is a holding company. The Company is the distributor
of pipe, valves and fittings (PVF) and related products and
services to the energy industry.
ASBESTOS UPDATE: Huntington Ingalls Continues to Defend Claims
--------------------------------------------------------------
Huntington Ingalls Industries, Inc., continues to defend asbestos-
related claims, according to the Company's Form 10-Q filing with
the U.S. Securities and Exchange Commission for the quarterly
period ended June 30, 2012.
HII and its predecessors-in-interest are defendants in a
longstanding series of cases filed in numerous jurisdictions
around the country, wherein former and current employees and
various third-party persons allege exposure to asbestos containing
materials while on or associated with HII premises or while
working on vessels constructed or repaired by HII. The cases
allege various injuries, including those associated with pleural
plaque disease, asbestosis, cancer, mesothelioma and other alleged
asbestos related conditions. In some cases, several of HII's
former executive officers are also named as defendants. In some
instances, partial or full insurance coverage is available to the
Company for its liability and that of its former executive
officers. Although the Company believes the ultimate resolution of
these cases will not have a material effect on its consolidated
financial position, results of operations or cash flows, it cannot
predict what new or revised claims or litigation might be asserted
or what information might come to light and can, therefore, give
no assurances regarding the ultimate outcome of asbestos related
litigation.
Huntington Ingalls Industries, Inc., designs, builds, overhauls,
and repairs ships primarily for the U.S. Navy and Coast Guard.
ASBESTOS UPDATE: Imperial Industries Continue to Defend PI Suits
----------------------------------------------------------------
Imperial Industries, Inc., and its wholly-owned subsidiary,
Premix-Marbletite Manufacturing Co., continue to defend asbestos-
related litigation, according to the Company's Form 10-Q filing
with the U.S. Securities and Exchange Commission for the quarterly
period ended June 30, 2012.
The Company states: "Premix is a defendant together with
non-affiliated parties in nineteen claims (ten of which include
Imperial as a defendant) which allege bodily injury due to
exposure to asbestos contained in products manufactured in excess
of thirty (30) years ago. The table lists each of these pending
claims, in addition to the court in which the action is pending
and the date that Premix and/or Imperial was served with the
complaint.
DATE OF
CASE SERVICE OF
STYLE OF CASE COURT/TRIBUNAL NUMBER COMPLAINT
------------- -------------- ------ ----------
Marilyn Adair v. 15th Judicial 07-9343 June 29, 2007
Premix, et al Circuit - Palm
Beach County
Edward Pryzbyla 17th Judicial 09-053844-07 Nov. 4, 2009
v. Premix, et al Circuit -
Broward County
Nancy Henley v. 13th Judicial 09-27856 March 12, 2010
Imperial, Circuit -
Premix, et al Hillsborough
County
Bruce Weisemann 13th Judicial 10-005365 March 17, 2010
v. Premix, et al Circuit -
Hillsborough
County
Shirley Picklo 13th Judicial 10-000262-07 April 21, 2010
v. Premix, et al Circuit -
Hillsborough
County
Betty Trowsse v. 13th Judicial 10-02779 May 5, 2010
Imperial, Circuit -
Premix, et al Hillsborough
County
Edward Evans v. 11th Judicial 10-9106-CA-42 May 13, 2010
Imperial, Circuit -
Premix, et al Miami-Dade
County
Herman Roberts 13th Judicial 10-006329 July 2, 2010
v. Premix, et al Circuit -
Hillsborough
County
Lawrence McFarlin 13th Judicial 10-007786 August 5, 2010
v. Premix, et al Circuit -
Hillsborough
County
Pauline Marley 11th Judicial 10-17557-CA-42 Aug. 6, 2010
v. Imperial, Circuit -
Premix, et al Miami-Dade County
Isabel Perry v. 17th Judicial 10-23096 Sept. 24, 2010
Imperial, Circuit -
Premix, et al Broward County
Craig Comes v. 13th Judicial 10-014949 Nov. 12, 2010
Imperial, Circuit -
Premix, et al Hillsborough
County
Julius B. Sanders 17th Judicial 11-016176 Aug. 17, 2011
v. Imperial, Circuit -
Premix, et al Broward County
James R. Williams 13th Judicial 11-8564Z Nov. 2, 2011
v. Premix, et al Circuit -
Hillsborough
County
Timmy King v. 11th Judicial 12-0075-CA-42 Feb. 13, 2012
Imperial, Circuit ?
Premix et al Miami-Dade County
Alan J. Hantak 11th Judicial 12-15235-CA-42 April 26, 2012
v. Premix, et al Circuit ?
Miami-Dade County
Carol Clarke v. 11th Judicial 12-01546-CA-42 April 26, 2012
Imperial, Circuit ?
Premix et al Miami-Dade County
Simonne Fortin 11th Judicial 12-21444-CA-9 July 12, 2012
v. Imperial, Circuit ?
Premix et al Miami-Dade County
Vernon Berga v. 17th Judicial 12-21015-CA August 6, 2012
Premix et al Circuit ?
Broward County
"During the six months ended June 30, 2012, three cases were
dismissed, which did not result in any additional costs to us or
our insurance carriers.
"We believe that Premix and Imperial have meritorious defenses to
each of the claims. We have identified at least ten (10) of our
prior insurance carriers including both primary and
excess/umbrella liability carriers that have provided liability
coverage to us, including potential coverage for alleged injuries
relating to asbestos exposure. Several of these insurance carriers
have been and continue to provide a defense to Premix and Imperial
under a reservation of rights in all of the asbestos cases.
Certain of these underlying insurance carriers have denied
coverage to Premix and Imperial on the basis that certain
exclusions preclude coverage and/or that their policies have been
exhausted. In June of 2009, one such carrier filed suit in Miami-
Dade Circuit Court against Premix and Imperial, wherein the
carrier sought a declaration from the Court that its insurance
policies do not provide coverage for the asbestos claims against
Premix and Imperial. We believed that we had meritorious defenses
to these claims, and filed a counterclaim against the carrier for
breach of contract. In December 2010, Premix, Imperial and this
carrier resolved their dispute, with the carrier paying a
settlement of $500,000 to Premix and Imperial. As part of the
settlement, there is no longer coverage available under that
disputed policy. During the first quarter of 2011, we resolved a
dispute with a carrier regarding primary-layer insurance coverage,
which resulted in this carrier paying a settlement of $325,000 to
Premix and Imperial, which was recorded as income reflected as
litigation settlement during the first quarter of 2011 in the
accompanying condensed consolidated statement of operations. As
part of the settlement, there is no longer coverage available
under that disputed policy. Notwithstanding the foregoing, we
believe, when considering that Imperial and Premix have
substantial umbrella/excess coverage for these claims, that we
have more than adequate insurance coverage for these asbestos
claims and such policies are not subject to self-insured retention
("SIR")."
Imperial Industries, Inc., through its wholly-owned subsidiary,
Premix-Marbletite Manufacturing Co., is primarily involved in the
manufacture and sale of exterior and interior finishing wall
coatings and mortar products for the construction industry, as
well as the purchase and resale of building materials from other
manufacturers. The Company has three other subsidiaries, Just-
Rite Supply, Inc. ("Just-Rite"), DFH, Inc. ("DFH"), formerly known
as Acrocrete, Inc. ("Acrocrete") and Triple I Leasing, Inc. None
of these subsidiaries have any continuing operations.
*********
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,
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A. Adala, Joy A. Agravante, Ivy B. Magdadaro, Psyche A. Castillon,
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and Peter A. Chapman, Editors.
Copyright 2012. All rights reserved. ISSN 1525-2272.
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