Author Archive
Week Adjourned: 2.3.12
February 4th, 2012. By LucyC
Top Class Actions
Write this one up…The Hearst Corporation got hit with an employment lawsuit this week.
The Hearst lawsuit claims that the publishing giant illegally employs hundreds of unpaid interns in violation of federal and state labor laws, according to a newly filed employment class action complaint. Specifically, the lawsuit, filed on behalf of a former Harper’s Bazaar intern—Xuedan Wang, of Brooklyn, N.Y., accuses Hearst of paying interns no compensation for the work they perform, including minimum or overtime wages, and committing recordkeeping violations in violation of the federal Fair Labor Standards Act and the New York Labor Law. Wang alleges that she regularly worked more than 40 hours per week, and sometimes as many as 55 hours per week (had she not seen “The Devil Wears Prada“?) , without compensation while at Harper’s Bazaar in 2011.
Lawyers representing the plaintiff state that unpaid interns are becoming the modern-day equivalent of entry-level employees, except that employers are not paying them for the many hours they work. The practice of classifying employees as ‘interns’ to avoid paying wages runs afoul of federal and state wage and hour laws. (Btw, if this sounds familiar, it is—we reported on the Black Swan movie production unpaid interns complaint a while back.)
The lawsuit seeks class action certification to recover unpaid wages, overtime pay, liquidated damages, interest and attorneys’ fees for unpaid interns who worked for Hearst between February 1, 2006 and the date of a final judgment. So, it’s been going on for a while.
Time to Foreclose on Dodgy Foreclosures. At least that’s what 16 Nevadans and fellow potential class members are aiming for. They filed a foreclosure class action lawsuit against five companies hired by banks and lenders to handle the foreclosures on properties owned by the plaintiffs and against one additional defendant who purchased property through the foreclosure process. The case was filed as a class action lawsuit because it is estimated that there are thousands of potential plaintiffs who were victims of these foreclosure companies.
The defendants named in the Nevada foreclosure class action lawsuit are: Quality Loan Service Corporation; Appleton Properties, LLC; MTC Financial, Inc. dba Trustee Corps; Meridian Foreclosure Service dba MTDS, Inc. dba Meridian Trust Deed Service; National Default Servicing Corporation; and California Reconveyance Company. Ringing any bells?
The specific allegations include illegal debt collection activities and deceptive trade practices by the defendants against the plaintiffs during the foreclosure process as the defendants were not licensed or registered in the State of Nevada to carry out the foreclosure process.
The plaintiffs are Nevadans who not only lost their houses in one of the hardest hit real estate markets, but were also adversely affected by foreclosure companies that did not follow the law during the foreclosure process.
The lawsuit alleges that the debt collection activities of the defendants are and/or were illegal and improper because each of the defendants did not hold a license to engage in debt collection activities in the State of Nevada and each also failed to register as a foreign debt collection agency with the Nevada Financial Institutions Division.
The illegal and improper debt collection activities include the issuance of debt-related notices, demands, collection communications and/or foreclosure sales and processes. In addition, the plaintiffs also claim deceptive trade practices, consumer fraud, unjust enrichment, trespass, quiet title and in two instances, elder abuse.
Plaintiffs are asking for compensatory and consequential damages in excess to $10,000, disgorgement of any amounts paid to defendants for their respective illegal and improper debt collection activities, attorney’s fees and injunctive relief.
Go get’em and good luck!
Top Settlements
$200M Motorola Proposed Settlement. A $200 million settlement has been reached with Motorola Solutions Inc, bringing to an end a securities lawsuit filed in 2007 by company shareholders. Motorola has denied any wrongdoing.
The securities lawsuit alleged the electronics manufacturer had artificially inflated its stock by making misrepresentations about the company’s projected revenues for the third and fourth quarters of 2006.
Lead plaintiffs in the lawsuit are Macomb County Employees’ Retirement System and St. Clair Shores Police and Fire Pension System.
Lawyers representing all plaintiffs said the settlement represents an extraordinary recovery for investors in a case where there was no financial restatement or (Securities and Exchange Commission) investigation.
If you were a Motorola shareholder between July 19, 2006, and January 4, 2007, you may be eligible for a recovery.
According to the terms of the Motorola proposed settlement, the plaintiffs’ attorneys are seeking fees of 27.5 percent of the settlement, or $55 million, and expenses of up to $4.95 million.
OK—they’re buying—that’s a wrap for this week. See you at the bar!
Asbestos News Roundup: 2.2.12
February 2nd, 2012. By LucyC
A roundup of recent asbestos-related news and information that you should be aware of. An ongoing list of reported asbestos hot spots in the US from the Asbestos News Roundup archive appears on our asbestos map.
Asbestos Lawsuits
Charleston, WV: A couple from Ohio has filed an asbestos lawsuit naming 62 companies as defendants. The Sheltons claim the companies are responsible for Mr. Larry E. Shelton’s mesothelioma diagnosis.
Larry E. Shelton was diagnosed with asbestos mesothelioma on November 18, 2011. In his lawsuit, Shelton alleges he was exposed to asbestos during his career as a bricklayer, laborer and roofer between 1964 and 1993.
Shelton claims the defendants knew or should have known of the dangers of associated with asbestos exposure and that the defendants failed to warn him of those dangers.
According to the lawsuit, 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.
The 62 companies named as defendants are: 3M Company; A.K. Steel Corporation; A.W. Chesterton Company; Ajax Magnethermic Corporation; Allied Chemical Corporation; Amdura Corporation; Atlas Turner, Inc.; Bucyrus International, Inc.; Bechtel Corporation; Catalytic Construction Company; Caterpillar, Inc.; Certainteed Corporation; Clark Equipment Company; Cleaver-Brooks Company, Inc.; Columbus McKinnon Corporation; Crane Co.; Dravo Corporation; Eaton Electrical, Inc.; Elliott Company; Flowserve FSD Corporation; FMC Corporation; Foseco, Inc.; Foster Wheeler Energy Corporation; General Electric Company; Georgia Pacific Corporation; Goulds Pumps, Inc.; Hercules, Inc.; IMO Industries, Inc.; Industrial Holdings Corporation; Ingersoll-Rand Company; Insul Company, Inc.; ITT Corporation; J.H. France Refractories Company; McJunkin Red Man Corporation; Metropolitan Life Insurance Company; Morgan Engineering, Inc.; NACCO Materials Handling Group, Inc.; Nitro Industrial Coverings, Inc.; Oglebay Norton Company; Ohio Valley Insulating Company, Inc.; Owens-Illinois, Inc.; Pettibone/Traverse Lift, LLC; Premier Refractories, Inc.; Rapid American Corporation; Riley Power Inc.; Rockwell Automations, Inc.; Rust Constructors, Inc.; Rust Engineering & Construction, Inc.; Rust International, Inc.; Schneider Electric USA, Inc.; State Electric Supply Company; Sterling Fluid Systems (US) LLC; Sunbeam Corporation; Tasco Insulations, Inc.; The F.D. Lawrence Electric Company; UB West Virginia, Inc.; Uniroyal, Inc.; United Engineers & Constructors and Washington Group International; Viacom, Inc.; Vimasco Corporation; West Virginia State Electric Supply Company; and Yale Materials Handling Corporation. (wvrecord.com)
Charleston, WV: George L. Rawson Sr, and his wife are suing 80 companies they claim are responsible for Mr. Rawson’s lung cancer diagnosis.
Rawson Sr. was diagnosed with asbestos-related lung cancer on January 15, 2010, according to the lawsuit. Rawson alleges that between 1964 and 1997 he was exposed to asbestos through his work as a laborer.
The defendant companies 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 lawsuit.
The 80 companies named as defendants are: A.W. Chesterton Company, Inc.; Air & Liquid Systems Corporation; Ajax Magnethermic Corporation; Allied Glove Corporation; American Bridge Company; Armstrong International, Inc.; Aurora Pump Company; Beazer East, Inc.; Bechtel Corporation; Borg-Warner Corporation; Catalytic Construction Company; Cleaver Brooks Company, Inc.; Columbus McKinnon Corporation; Crane Co.; Dravo Corporation; Eaton Electrical, Inc.; F.B. Wright Company; Fairmont Supply Company; Flowserve FSD Corporation; Flowserve US, Inc.; FMC Corporation; Ford Motor Company; Foseco, Inc.; Foster Wheeler Energy Corporation; General Electric Company; Genuine Parts Company; Geo. V. Hamilton, Inc.; Gordon Gasket & Packing Co.; Goulds Pumps; Graybar Electric Company, Inc.; Grinnell, LLC; Hercules, Inc.; Honeywell International; Honeywell, Inc.; Howden North America, Inc.; I.U. North America, Inc.; IMO Industries, Inc.; Inductotherm Industries, Inc.; Industrial Holdings Corporation; Ingersoll-Rand Company; Insul Company, Inc.; ITT Corporation; John Crane, Inc.; Lockheed Martin Corporation; Mallinckrodt; McJunkin Corporation; Metropolitan Life Insurance Company; Morgan Engineering Systems, Inc.; Mueller Steam Specialty; Nagle Pumps, Inc.; Oglebay Norton Company; Ohio Valley Insulating Company, Inc.; Owens-Illinois, Inc.; P&H Mining Equipment, Inc.; Premier Refractories, Inc.; Rapid American Corporation; Reading Crane; Riley Power, Inc.; Rockwell Automation, Inc.; Rust Constructors, Inc.; Rust Engineering & Construction, Inc.; Rust International, Inc.; Schneider Electric USA, Inc.; Sterling Fluid Systems (USA), LLC; Sunbeam Corporation; Swindell Dressier International Corporation; Tasco Insulations, Inc.; The Alliance Machine Company; The Gage Company; The Rust Engineering Company; The Sager Corporation; The William Powell Company; Thiem Corp.; UB West Virginia, Inc.; United Engineers & Constructors and Washington Group International; Viacom, Inc.; Vimasco Corporation; Warren Pumps, Inc.; Yarway Corporation; and Zurn Industries, LLC. (wvrecord.com)
Charleston, WV: Sixty companies have been named as defendants in an asbestos lawsuit filed by the widow of the late Jimmy Dale Phillips. In her lawsuit, Barbara Phillips claims the defendants are responsible for Read the rest of this entry »
Week Adjourned: 1.27.12
January 27th, 2012. By LucyC
Top Class Actions
Ex Pro Football Players go head to head with NFL Over Concussions. Yup—that’s right. The NFL is facing a class action lawsuit filed on behalf of all former NFL players, including seven named players and four spouses over concussion and related health effects.
The named players include former Philadelphia Eagles Ron Solt, Joe Panos, and Rich Miano. The lawsuit charges that the NFL and other defendants intentionally and fraudulently misrepresented and/or concealed medical evidence about the short- and long-term risks regarding repetitive traumatic brain injury and concussions and failed to warn players that they risked permanent brain damage if they returned to play too soon after sustaining a concussion.
Ron Solt, age 50, was an all-star guard for the Eagles from 1988 to 1991 and also played for the Indianapolis Colts, playing 10 seasons in all from 1984 to 1993. He suffered at least one concussion during an NFL game while with the Eagles, as well as multiple head traumas and concussions during practice that were never medically diagnosed. He now suffers from substantial memory loss and persistent ringing in his ears.
Joe Panos, age 41, played as an offensive lineman in the NFL from 1994 to 2000 and was with the Eagles from 1994 to 1997. He sustained concussions while with the Eagles and Buffalo Bills. He currently experiences headaches, memory loss, irritability, rage, mood swings, and sleeplessness.
Rich Miano, age 49, played as a defensive back for 10 seasons in the NFL between 1985 and 1995 and was with the Eagles from 1991 to 1994. He is now associate head coach of the University of Hawaii football team. He sustained at least one concussion while playing but is currently asymptomatic.
Gennaro DiNapoli, age 36, was an NFL center and guard from 1998 to 2004 who sustained repeated head impacts during his NFL career. He suffers from severe depression, memory loss, headaches, anxiety and mood swings.
Adam Haayer, age 34, was an offensive lineman from 2001 to 2006 for four teams. He had at least four concussions or concussion-like symptoms and deals with memory loss, depression, and anxiety. Daniel Buenning, age 30, played as an offensive lineman in the NFL for four seasons from 2005 to 2008. He suffers from substantial memory loss, depression, trouble with concentration, short attention span, and mood swings.
Craig Heimburger, age 34, played on the offensive line for four teams between 1999 and 2002. He sustained multiple head impacts and concussions and suffers from dizziness, memory loss, and intense headaches.
Also named in the complaints were the wives of several players including Lori Miano, Summer Haayer, Ashley Buenning and Dawn Heimburger.
Lawyers representing the plaintiffs said this action is necessary because the NFL knew about the debilitating and permanent effects of head injuries and concussions that regularly occur among professional players, yet ignored and actively concealed the risks.
The lawsuit charges that the NFL voluntarily joined the scientific research as well as public and private discussions regarding the relationship between concussions and brain impairment when it created the Mild Traumatic Brain Injury (MTBI) Committee in 1994. Rather than naming a noted neurologist to chair this committee, it appointed Dr. Elliott Pellman, a rheumatologist who was a paid physician and trainer for the New York Jets, a conflict of interest, and had training in the treatment of joints and muscles, not head injuries. While the committee was established with the stated purpose of researching and lessening the impact of concussions on NFL players, it failed to inform them of the true risks associated with head trauma.
Although athletes who suffered brain trauma in other professional sports were restricted from playing full games or even seasons, NFL players with similar head injuries were regularly returned to play with devastating consequences.
The lawsuit seeks medical monitoring, compensation, and financial recovery for the short-term, long-term, and chronic injuries, financial and intangible losses, and expenses for the individual former and present NFL players and their spouses.
What can I say—it’s a wake-up call a long time in the making.
Top Settlements
Wonder if Payless texted this piece of news…A proposed settlement (the “Settlement Agreement”) has been reached in the class action lawsuit against Payless ShoeSource, Inc. (“Payless” or “Defendant”). You may be a Member of the Settlement Class and might be eligible to receive a merchandise certificate worth up to $25 if you are a person who received one or more text messages promoting Payless products between October 29, 2005 and October 4, 2010. If you are a Settlement Class Member and the Court gives final approval to the Settlement Agreement:
You may be entitled to receive a $25 merchandise certificate (a “Settlement Payment”) or a lesser pro rata amount if the total of all claims exceeds $6,000,000.
If you are a Settlement Class Member and would like to receive your Settlement Payment, you must submit a Claim Form, either through the mail or by filling out a claim form on the claims administrator’s website. You will be giving up legal claims against Defendant and other related entities. Your claim must be submitted or postmarked no later than February 6, 2012. To find out more about the terms of the settlement and how to qualify or be excluded—visit paylesstextsettlement.com.
One could argue this lawsuit went into overtime… but it looks like a happy ending… for the employees that is. An announcement this week—that Novartis Pharmaceuticals Corporation (NPC) has agreed to pay $99 million to settle a nationwide wage and hour class action brought by 7000 Novartis sales reps who allege NPC reps weren’t paid overtime.
The case has been working its way through the courts since 2006, and stems from claims that the sales reps don’t qualify as “outside sales” employees which would make them exempt from overtime pay. This issue has been the source of several wage and hour class actions brought by pharma sales reps from different companies who have alleged that Fair Labor Standards Act exemptions don’t apply to them.
Ok—That’s a wrap for this week. See you at the bar!
Asbestos News Roundup: 1.27.12
January 27th, 2012. By LucyC
A roundup of recent asbestos-related news and information that you should be aware of. An ongoing list of reported asbestos hot spots in the US from the Asbestos News Roundup archive appears on our asbestos map.
Asbestos Lawsuits
St. Clair County, IL: Betty Ruth Rhodes, who has been diagnosed with asbestos-related lung cancer, has filed an asbestos lawsuit naming 65 corporations as defendants. Rhodes claims in her lawsuit that the defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for the plaintiff’s safety.
In her lawsuit, Rhodes alleges the defendant companies caused her to develop lung cancer after her exposure to asbestos-containing products throughout her career. According to the complaint, Rhodes worked as a laborer from 1958 until 1990 at Borg Warner in Illinois, at Speedway Manufacturing in Illinois and at Rhodes Camper Sale.
Rhodes further claims she was secondarily exposed to asbestos fibers through her father and husband, who would bring them home on his clothes after work. Rhodes’s father worked as a laborer at International Harvester in Illinois while her husband worked as a millwright from 1956 until 1970 at Reynolds Metal Company, as a millwright at ITT from 1970 until 1972 and as a millwright at Alcoa from 1972 until 1992, according to the lawsuit.
As a result of her asbestos-related disease, Rhodes became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish, the complaint says. Furthermore, she became prevented from pursuing her normal course of employment and, as a result, lost large sums of money that would have accrued to her, she alleges.
In her nine-count complaint, Rhodes is seeking a judgment of more than $50,000, compensatory damages of more than $100,000, economic damages of more than $150,000 and punitive and exemplary damages of more than $150,000, plus other relief the court deems just. (Madisonrecord.com)
Jefferson County, TX: An asbestos lawsuit has been filed by the family of the late Robert Marze against Chevron and Texaco, alleging the companies exposed him to the carcinogen throughout his career, and that exposure resulted in his untimely death.
In their lawsuit, Doris Marze and her children claim Robert Marze was employed by Texaco in Port Arthur, where he was allegedly exposed to asbestos.
As the result of his alleged exposure, Robert Marze developed pulmonary asbestosis, which caused his death on August 20.
The suit alleges the defendants knew for decades that asbestos caused cancer but still exposed employees to the substance without warning them. (SETexasrecord.com)
Charleston, WV: 190 companies have been named as defendants in eight separate asbestos lawsuits filed by 15 defendants.
George E. Bickerstaff and Carolyn Bickerstaff; Melva J. Devore, executrix of the Estate of Melvin E. Carpenter; Barbara Ford, executrix of the Estate of James Fife; David T. Gorrell Jr. and Mary J. Gorrell; Paul R. Groves and Mary Ellen Groves; Eulonda Haley; David K. Harris and Linda Harris; George W. Kokos and Maryann Kokos; and Michael Tennant and Cheryl Tennant are suing the 190 defendants for lung injuries caused by exposure to asbestos and/or asbestos-containing materials, according to the complaints.
The plaintiffs claim the defendants are responsible for asbestosis and lung cancer sustained by Bickerstaff, Carpenter, Fife, David Gorrell, Paul Groves, Haley and David Harris, and asbestosis sustained by George Kokos and Michael Tennant.
The suit alleges the defendants failed to warn the plaintiffs of the dangers of the asbestos products when they knew or should have known that exposure to asbestos-containing products would cause disease and injury.
According to the lawsuit, the defendants also failed to exercise reasonable care to warn them and inform the plaintiffs of safe and sufficient apparel for a person exposed to asbestos to wear or use.
The 190 defendants named in the suit are: 20th Century Glove Corporation of Texas; 4520 Corp., Inc.; Air & Liquid Systems Corporation; Ajax Magnethermic Corporation; Alliance Machine Company; Allied Glove Corporation; Ametek, Inc.; Anderson Greenwood & Co.; Andritz, Inc.; Armstrong International, Inc.; Armstrong Pumps, Inc.; Ashland, Inc.; Atlas Industries, Inc.; Aurora Pump Company; Bayer Corporation; Bayer Cropscience, Lp; Beazer East, Inc.; Bechtel Corporation; Borg-Warner Corporation; Bp Amoco Chemical Company; Bp Products North America, Inc.; Brand Insulations, Inc.; Burnham Holdings, Inc.; Cabot Corporation; Cameron International Corporation; Canadianoxy Offshore Production Company; Cashco, Inc.; Catalytic Construction Company; CBS Corporation; Century Aluminum Company; Certainteed Corporation; Chevron U.S.A., Inc.; the Cincinnati Gasket, Packing & Mfc, Inc.; Cleaver-Brooks, Inc.; Columbian Chemicals Company; Columbus McKinnon Corporation; Cooper Industries, Inc.; Copes-Vulcan, Inc.; Coppus Turbines; Corbesco, Inc.; Crane Company, Inc.; Dana Corporation; Degussa Corporation; Dezurik, Inc.; Dow Chemical Company; Dravo Corporation; E.I. Du Pont De Nemours & Company; Eaton Corporation; Eichleay Corporation; F.B. Wright Company; the Fairbanks Company; Fairmont Supply Company; Flowserve U.S., Inc., and its Byron Jackson Pump Division; Flowserve U.S., Inc., F/K/A Flowserve Fsd Corporation, F/K/A/ Durametallic Corp.; Flowserve U.S., Inc., F/K/A Flowserve FSD Corporation; Flowserve U.S., Inc., F/K/A Flowserve FSD Corporation, as successor to Edward Valves, Inc.; Flowserve U.S., Inc., F/K/A Flowserve FSD Corporation, as successor to Valtek International; Flsmidth Inc.; Flsmidth Dorr-Oliver Eimco, Inc.; Flsmidth Salt Lake City, Inc.; Fluor Constructors International; FMC Corporation; Foseco, Inc.; Foster Wheeler, LLC; Fuller Company; the Gage Company; Gardner Denver, Inc.; General Electric Company; General Refractories Company; General Technologies, Inc.; Gentex Corporation; George V. Hamilton, Inc.; the Goodyear Tire & Rubber Company; Goulds Pumps, Inc.; Graybar Electric Company, Inc.; Greene Tweed & Co.; Grinnell LLC; Gulf Oil Corporation; H.E. Neumann Company; Hercules Chemical Company, Inc.; Hinchliffe & Keener, Inc.; Hoechst Celanese Chemical Group, Inc.; Honeywell International, Inc.; Howden North America, Inc.; Hunter Sales Corporation; Huntsman International LLC; I.U. North America, Inc.; IMO Industries, Inc.; Industrial Holdings Corporation; Industrial Rubber Products; Ingersoll-Rand Company; Insul Company, Inc.; International Systems and Controls Corporation; ITT Corporation; J.H. France Refractories Company; Jabo Supply Corporation; Jacobs Engineering Group, Inc.; Jno J. Disch Company; John Crane, Inc.; Joseph T. Ryerson & Son, Inc.; Joy Technologies, Inc.; Katy Industries, Inc.; Kelly Moore Paint Company; Kentile Floors, Inc.; Lockheed Martin Corporation; M.S. Jacobs & Associates, Inc.; Magnetek, Inc.; Mallinckrodt LLC; Manitowoc Company, Inc.; McCarls, Inc.; McJunkin Redman Corporation; Meadwestvaco Corporation; Metropolitan Life Insurance Company; Mine Safety Appliance, Inc.; Minnotte Contracting Corporation; Mobil Corporation; Monongahela Power Company; Morgan Engineering Systems, Inc.; Mueller Steam Specialty; Nagle Pumps, Inc.; National Services Industries, Inc.; Nitro Industrial Coverings, Inc.; Occidental Chemical Corporation; Oglebay Norton Company; Osram Sylvania, Inc.; Owens-Illinois, Inc.; P&H Mining Equipment, Inc.; Parker-Hannifin Corp.; Parker-Hannifin Corporation; Peerless Industries, Inc.; Pennzoil-Quaker State Company; Pharmacia Corporation; Plotkin Brothers Supply, LLP; Pneumo Abex Corporation; Potomac Edison Company; Power Piping Company; PPG Industries, Inc.; Premier Refractories, Inc.; Reading Crane; Research-Cottrell, Inc.; Rhone-Poulenc Ag Company, Inc.; Riley Power, Inc.; Robinson Fans, Inc.; Rockwell Automation, Inc.; Roper Pump Company; Rust Constructors, Inc.; Rust Engineering & Construction, Inc.; Safety First Industries, Inc.; the Sager Corporation; Saint-Gobain Abrasives, Inc.; Schneider Electric USA, Inc.; Seco/Warwick Corporation; Shell Oil Company; Simakas Company, Inc.; S.P. Kinney Engineers, Inc.; Spirax Sarco, Inc.; SPX Cooling Technologies, Inc.; Sterling Fluid Systems (USA), LLC; Sullair Corporation; Sunbeam Products, Inc.; Sundyne Corporation; SVI Corporation; Taco, Inc.; Tasco Insulation, Inc.; Team Industrial Services, Inc.; Townsend & Bottom, Inc.; Trane U.S., Inc.; Trans-Pumps, Inc.; Trans-Pumps, Inc. of Pittsburgh; UB West Virginia, Inc.; Unifrax Corporation; Union Carbide Corporation; United Conveyor Corporation; United States Steel Corporation; Universal Refractories Corporation; Viacom Inc.; Viking Pump, Inc.; Vimasco Corporation; Warren Pumps, Inc.; Washington Group International; Waste Management, Inc.; Watson McDaniel Company; Weil-McLain Company; West Penn Power Company; Whiting Corporation; the William Powell Company; WTI Rust Holdings, Inc.; Wyeth Holdings Corporation; Yarway Corporation; and Zurn Industries, LLC.
Charleston, WV: The daughter of a man who died from asbestos-related illness is suing 62 companies she claims are responsible for her father’s death.
Carl Richard Butler Sr., was diagnosed with esophageal cancer on January 7, 2010, and subsequently died on April 18, 2011, according to the lawsuit. Butler worked as a machinist, laborer and pipefitter and it was during this time that Deidra G. Hill claims the defendants exposed her father to asbestos and/or asbestos-containing products. She further alleges that the defendants knew or should have known of the dangers of asbestos and failed to warn Butler.
The 62 defendants named in the suit are: A.W. Chesterton Company; Allied Chemical Corporation; Armstrong International, Inc.; Aurora Pump Company; Brand Insulations, Inc.; BWIP, Inc.; Catalytic Construction Company; Certainteed Corporation; Chicago Pump Company; Cleaver-Brooks, Inc.; Columbus McKinnon Corporation; Crane Co.; Crown Cork & Seal USA, Inc.; Dezurik, Inc.; Dravo Corporation; Flowserve FSD Corporation; Flowserve US, Inc.; FMC Corporation; Foseco, Inc.; Gordon Gasket & Packing; Goulds Pumps, Inc.; Greene Tweed & Company; Grinnell, LLC; I.U. North America, Inc.; IMO Industries, Inc.; Industrial Holdings Corporation; Industrial Supply Solutions; Ingersoll-Rand Company; Insul Company, Inc.; ITT Corporation; Kentucky Power Company; Lockheed Martin Corporation; McJunkin Corporation; Morgan Engineering Systems, Inc.; Mueller Steam Specialty; Nagle Pumps, Inc.; Nitro Industrial Coverings, Inc.; Oglebay Norton Company; Ohio Valley Insulating Company, Inc.; Pneumo Abex Corporation; Premiere Refractories, Inc.; Reading Crane; Riley Power, Inc.; Roper Pump Company; Rust Constructors, Inc.; Rust Engineering & Construction, Inc.; Schneider Electric USA, Inc.; Spirax Sarco, Inc.; State Electric Supply; Sterling Fluid Systems (USA), LLC; the Alliance Machine Company; the F.D. Lawrence Electric Company; the William Powell Company; UB West Virginia, Inc.; United Engineers & Constructors; Viking Pump, Inc.; Vimasco Corporation; Warren Pumps, Inc.; West Virginia Electric Supply; WT/HRC Corporation; Yarway Corporation; and Zurn Industries, Inc.
Asbestos Settlements
Los Angeles, CA: A California construction worker who developed a highly aggressive form of cancer after exposure to asbestos has received $7.5 million in settlement of legal claims against six companies that manufactured or distributed asbestos-cement pipe.
The 57-year old man, whose identity and current city of residence are withheld at his request, sued last August after he was diagnosed less than one year earlier with mesothelioma
The man was a construction worker who, in the 1970s and 1980s, helped install underground water and sewer lines. These pipes—6 to 48 inches in diameter—were made of a concrete-asbestos composite material for strength but also for ease of fabrication. The defendants made, sold or delivered them, according to the man’s attorney.
The plaintiff’s job in part was to cut asbestos-concrete pipes so they could be properly laid and connected beneath public and private streets in and around the Sacramento Valley city of Chico.
However, according to the court filing, the task of cutting this particular type of pipe posed extreme health risks. The cuts generated an enormous amount of cement-asbestos dust, which flew in every direction from the saw’s whirring blades and engine exhaust blast. This snowstorm of asbestos dust was at times so thick you couldn’t see the person standing three feet away. By the end of each workday, the plaintiff was covered from head to toe in a thick layer of asbestos dust. (SFGate.com)
Week Adjourned: 1.21.12
January 23rd, 2012. By LucyC
Top Class Actions
Holy HELOC Batman—It’s been certified! A class action lawsuit brought by a couple in Cupertino in 2009—and which has been through 4 attempts to get certified—finally got the nod from a federal court judge this past week. And this one could affect many people.
The back story—Washington Mutual and JPMorgan Chase (Chase has since acquired WaMu) allegedly reduced credit limits on Jeffrey and Jenifer Schulken’s home equity line of credit (HELOC) without valid reasons.
Specifically, the HELOC class action lawsuit alleges violations of the Truth in Lending Act violations and unfair competition among other claims. The Cupertino couple allege they were informed by Chase, by letter, that their home equity credit lines would be suspended because they did not have enough monthly income to satisfy their debts. The Schulken’s allege that the monthly income of $11,200 that Chase claimed the couple stated on their applications, was inaccurate, that they had never “provided such an inflated income figure to WaMu, and that if the Schulkens’ file indicated such an income, then WaMu had intentionally misrepresented their income.”
After four attempts by Chase to have the complaint dismissed, two classes have now been certified: the “inability to verify” class, and a subclass of borrowers whose credit lines were suspended because Chase could not verify their financial circumstances.
The plaintiffs’ class definition to include “only those members who signed contracts that (1) arise from heritage WaMu customers, and (2) state that the borrower must provide, upon the lender’s request, ‘a current financial statement, new credit application, or both.’”
Top Settlements
Couple of big pharma settlements announced this week…
At the top of the hit parade we have Johnson & Johnson (J&J). They have reportedly agreed to pay $158 million to settle a lawsuit in Texas that alleges the company defrauded the state by misleading doctors about its antipsychotic drug Risperdal.
The deal will put an end to claims that J&J marketed Risperdal off label—for unapproved uses—and downplayed health risks associated with the drug. Texas had originally sought at least $579 million in damages. Well, shoot for the stars—isn’t that how the saying goes?
Bloomberg reported that the settlement follows some rather incriminating testimony given in court last week. Testimony that included an expert eye witness stating that J&J hid data showing Risperdal could cause weight gain that could lead to diabetes. According to Bloomberg “the witness also alleged that J&J had key study [ Study 113] results several years before it added warnings about weight gain to the drug’s label.”
Bloomberg notes in its report that J&J’s unpublished studies—ah—yes—more than one—were cited in a South Carolina case that brought a $327 million judgment against the pharmaceutical manufacturer. “It is apparent to this court that this information was not disclosed because if did not fit the marketing department’s vision for the promotion and marketing of this drug,” Judge Roger Couch wrote in a ruling (as quoted by Bloomberg). Amen to that.
And singing from a similar song sheet—we have Merck. It was announced this week that they have agreed to pay up to $37 million to settle a Canadian Vioxx class action lawsuit. Included in the settlement is $10 million for costs and fees. Plaintiffs’ lawyer said up to 2,000 Canadians may be eligible for compensation.
FYI—Vioxx (Rofecoxib) was on the market from 1999 to 2004, prescribed to patients as a pain-reliever for arthritis, osteoarthritis, menstrual pain, and other acute pain. Vioxx was recalled and pulled off the market when it was linked to deadly side effects heart attack, stroke, kidney damage, and arrythmia. This led to billions of dollars’ worth of litigation, including a $4.85 billion settlement that covers most of the U.S. plaintiffs.
Ok—That’s a wrap for this week. See you at the bar!
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