Sunday, September 20, 2009

Vermont school district official file asbestos lawsuit

he Montpelier School District has filed an lawsuit against flooring company Morrison-Clark, Inc. The school district hopes to recover damages resulting from the firm’s problematic handling of an asbestos cleanup project last summer at the Main Street Middle School. Asbestos is, by law, meant to be handled and disposed of by licensed professionals. This is because asbestos has the potential to cause serious illnesses, including asbestosis, lung cancer, and pleural mesothelioma.

The district is believed to be seeking damages of at least $88,379.87: the totally amount of fees and costs incurred by the district due to the firm’s mishandling of asbestos. The school was also forced to shut down by the Vermont Department of Health. This forced the school to delay the start of school last year by several days. Asbestos-laden floor tiles were being removed from the school. But according to an attorney for the firm, Morrison-Clark plans to deny any liability.

"There was never any actual asbestos contamination found," Attorney David Bond said Monday. "What did happen was that the state inspector from the Department of Health came to the site and observed activities that he believed to be in violation of the Vermont asbestos control regulations. We disagree with his interpretation."

The suit is based on three counts. The first alleges neglect by Morrison-Clark. The second charge alleges that company broke their contract with the school. The third count alleges consumer fraud by the company, as the company allegedly "engaged in unfair and deceptive acts and practices."

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Monday, September 14, 2009

How to file a class action lawsuit against the employers

Dallas, TX: Mesothelioma cancer, though rare, takes lives of human beings who have been associated with the asbestos industry. This exposure has not only caused harm to these workers but also the people with whom the worker has been in contact with, specially their family members and friends have been the victims of the negligence of the owners of asbestos industry. Their second hand exposure has forced them to live a shortened painful life due to mesothelioma cancer
As the effects of asbestos remain to hound the present day civilization threatening exposure as asbestos still exists in the walls, ceilings, floor tile, clothing, parts of automobile, railways, shipyard etc. the threat of mesothelioma cancer looms large.
With the owners of asbestos industry and the industries that used asbestos as the raw material hid the actual harmful effects that asbestos fibers left on ones health. The workers together or their friends and family members of the workers who have been affected by asbestos exposure can form a group and file a class action law suit against the company responsible for injuring their health and request the court for award of compensation to recover punitive and complementary damages.
Mesothelioma lawyers explain punitive damages as, “The compensation is claimed in the form of punishments of the accused company which has committed illegal acts or has been found to cause harm. While complementary damages are claimed through the attorney to address damage caused by the defendant, such as illness, pains, sufferings or loss of life.”
To file a class action lawsuit, mesothelioma cancer victim, usually the workers of the same company and their family members, friends and associates who have been the victims of asbestos exposure must form a group and approach a mesothelioma lawyer. The attorney after studying their case and after accessing wil take on the fight against the company responsible to harming their health.


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Tuesday, September 1, 2009

Montana asbestos injury jury acquits W.R. Grace

A Montana asbestos exposure lawsuit trial argued by mesothelioma cancer lawyers representing Libby area residents ended with the jury ruling for W.R. Grace. W.R. Grace the owner of the Libby vermiculite mine won the asbestos injury claims filed by Montana personal injury attorneys.
Montana asbestos injury victims lose to W.R. Grace and Company in a Missoula personal injury court room after jury rules for vermiculite mine company.
Missoula, MT–A Federal District Court jury in Missoula, Montana, acquitted W.R. Grace and three of its executives, on Friday, of all charges, in the government’s federal asbestos violations lawsuit. As reported by the New York Times, lawyers for the federal government brought charges against the big chemical company alleging W.R. Grace knowingly contaminated the Montana mining town of Libby with asbestos. They also accused the chemical product manufacturing company, and three of its top executives, of conspiring to cover up exposing, the 2,600 person, mining town of toxic asbestos fibers. At least 200 people have died from asbestos related illnesses and diseases, like mesothelioma cancer, in Libby. Hundreds more residents, former mine workers, and consumers have been sickened by direct and secondary exposure to asbestos in the mining town.
W.R. Grace owned and operated the Zonolite Mountain vermiculite mine from 1963 to 1990. Federal regulators with the U.S. Environmental Protection Agency (EPA) www.epa.gov and asbestos exposure experts assert the asbestos came from mining the vermiculite. Asbestos is a known byproduct of vermiculite mining. Libby mine workers did not receive the proper asbestos education, information, nor protective work apparel when they mined the vermiculite day after day for decades.
Federal and state regulatory agencies like the U.S. Occupational Safety Health Administration (OSHA) www.osha.gov and the EPA say no amount of exposure to asbestos is safe. OSHA requires workers, laborers, and miners to wear protective gear when handling and working around asbestos containing materials. Direct and secondary exposure to asbestos causes life-long illnesses and diseases, which medical experts state there is currently no cure. Asbestos injury care and mesothelioma cancer treatment focuses on symptom management because doctors and researchers have yet to find a cure.


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