Ralph Nader’s Dream of a Tort Law Museum is almost a Reality

6/17/2015 America is a land of wacky museums, including ones honoring Pez dispensers, barbed-wire, and even the Museum of Bad Art in Massachusetts, but there is no law museum despite there being myriads of museums dedicated to similarly significant professions. That is about to change, however, as legendary consumer advocate and not-so-legendary presidential candidate, Ralph


Nevada Public Health Officials Silence Research on Impact of Natural Asbestos Deposits on Residents’ Health

Image: Public domain 5/5/2015 Nevada public health officials silence research on impact of natural asbestos deposits on residents’ health in what may be the most shocking instance of scientific censorship in recent history. Brenda Buck and Rod Metcalf, both professors at UNLV, discovered natural asbestos deposits approximately five years ago. Since that time, the pair


BAP1 As a Possible Genetic Defense in Asbestos Exposure Litigation

BAP1 is a genetic mutation that may possibly increase the chances of developing mesothelioma from asbestos exposure. A few defense attorneys around the country are hoping they can use BAP1 as a possible genetic defense in asbestos exposure litigation. HeplerBroom attorney Rebecca Nickelson is heading the defense team for Georgia Pacific in an ongoing asbestos


Landmark Verdict in Talc Related Asbestos Case Upheld

The $1.6M verdict in Kaenzig v. Charles B. Chrystal Co. involved a rarely reported on case of mesolthelioma caused by asbestos in cosmetic-grade talc. Typical asbestos cases involve industrial disease aspects. In fact, plaintiff’s counsel in Kaenzig wasn’t aware of any other talc-related verdicts. It’s believed that this case is the first of its kind


Dual Measures Poised to Increase Asbestos Awareness

A bill introduced by Senator Dick Durbin (D-IL), coinciding with a massive national awareness campaign by the Environmental Working Group (EWG) Action Fund may soon put asbestos exposure near the forefront of American consciousness. The goal of the Reducing Exposure to Asbestos Database (READ) Act is to modernize the 1988 Asbestos Information Act, signed by


Mesothelioma Linked to Asbestos-Containing Talcum Powder

Since the late 1800’s, medical professionals and commercial manufacturers have known that asbestos is dangerous, linked to a variety of pulmonary ailments.  Since the middle of the 20th century, these groups have known that exposure to asbestos is linked to mesothelioma, a cancer of organ lining that is almost always fatal.  Most often, mesothelioma results


British Mesothelioma Deaths Surpass Automotive Fatalities

Last month, the UK newspaper The Telegraph reported on asbestos, “the killer that still surrounds us”.  It is incredibly sad that though asbestos has been know to be deadly for well over a hundred years, people are still exposed to and harmed by asbestos today. A naturally-occurring fiber with amazing heat-resistant capacity and the ability


Asbestos, tobacco, and now tanning salons?

The first thing any industry faced with negative scientific evidence does is form a trade group.  And the first thing that trade group does is gin up “scientific” evidence that claims the industry is being falsely maligned.  The asbestos industry did (and does) it, and of course so did the tobacco industry.  Now, it’s the


Asbestos Legal Journal Launches Asbestos Timeline

In my day job, I’m an asbestos and mesothelioma lawyer.  As part of that job, I have to keep track of the various significant events related to asbestos and mesothelioma.  I have a database of hundreds of scientific articles, corporate studies, etc. that track the development of the knowledge that asbestos is harmful. I’ve decided not


Judge Finds Asbestos Liability for Insurers in Unusual Defendant Class Action

More than 20,000 individuals who have asbestos-related tort claims pending against the Robert A. Keasbey Co. scored a major victory Tuesday, as Manhattan Supreme Court Justice Richard Braun ruled that the defunct insulation giant’s insurers may be liable for hundreds of millions of dollars in coverage.

The ruling came in an unusual defendant class action — in which the class constitutes a defendant, not the plaintiff — initiated by the Keasbey Co.’s primary insurers, plaintiffs Continental Casualty Coverage and American Casualty Co. of Reading, Pa.

In their class action, the insurers sought a declaratory judgment holding that their policies were exhausted by $8.7 million in previously made payments. In the alternative, they argued, numerous equitable doctrines precluded the defendant class members from pursuing their claims.

Braun disagreed, and found that the insurers may be liable for upwards of $250 million.

Oops. Details here from the New York Law Journal via Law.com. The Court’s decision is here.