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Archive for August, 2009
Thursday, August 20th, 2009
As mesothelioma attorneys, we believe that the public should understand tort reform apart from how its proponents have disguised it. That’s why we put together our tort reform blog series:
- Tort Reform – A Brief Intro
- What is Tort Reform?
- Tort Law is Protected by the Constitution
- The Case Against Tort Reform
- Follow the Money
- Do You Buy the Propaganda?
- Thoughts on the McDonald’s Hot Coffee Case
- Corporate Checks and Balances
- Do Damage Caps Make “Cents?”
- Choosing a State Advantageous to Your Mesothelioma Case
- How You Can Fight Tort Reform
(this post that you are reading)
Now that you understand what tort reform really is, who is behind it, who has the most to lose from it, and how it will affect your mesothelioma case, you are prepared to join plaintiff and consumer advocacy groups, plaintiff attorney associations, and a nationwide grassroots movement of individuals in the fight against tort reform.
Here are a Few Things You Can Do To Get Involved
Visit plaintiff and consumer advocacy websites to learn more:
Contact lawmakers and let them know you don’t support tort reform:
Contact Simon, Eddins and Greenstone, LLP.
Our mesothelioma lawyers have worked closely with advocacy groups in Texas to fight tort reform here. We’re also knowledgeable about nationwide tort reform efforts.
If you’re concerned about how tort reform could affect your mesothelioma case, contact us today using our convenient web form or by calling 866-632-7574.
Together, We Can Fight Tort Reform!
Tags: defense tactics, tort reform Posted in legal advice | No Comments »
Wednesday, August 19th, 2009
As you’ve learned from previous blog posts in our tort reform series, our country has seen significant change in federal and state tort laws over the past two decades. In some places, major changes include damage caps, shortened statutes of limitations, and causations standards that highly favor the defendant.
What does this mean for mesothelioma plaintiffs? Depending on the state you live in, tort reform can have a weighty effect on your mesothelioma case.
Your Mesothelioma Attorney will Review your State Options
Your asbestos exposure may have occurred in the state you’ve lived and worked in all your life. If that’s the case, you are most likely limited to trying your case in only that state. However, if you were exposed to asbestos in one or more states, and those states are not the ones you’re currently living in, you probably have more options.
Our mesothelioma attorneys will review the list of states you’re eligible to file in, and compare that data against those states’ tort laws, mesothelioma award histories, and more to determine the state that will likely be most advantageous to your case. Actual results depend on the details of your case.
A National Presence in Mesothelioma Lawsuits
Most mesothelioma lawyers are licensed and experienced in only one state. For cases that have options on where to file, working with a mesothelioma lawyer firm with national experience is essential.
The reason for this is that tort laws vary greatly from state to state. You want mesothelioma representation in the state most advantageous to your case, and you want the attorney representing you there to be familiar with that state’s laws, legal precedents, and award history.
Simon, Eddins & Greenstone, LLP is one of only a few firms in the country with nationwide experience trying asbestos exposure and mesothelioma cases. Where you file can make a big difference. Before you sign with a firm, be sure they have the experience and license to represent you in the state you prefer.
Call us today to review your exposure and where you are able to file. 866-632-7574.
Tags: mesothelioma, tort reform Posted in legal advice | No Comments »
Tuesday, August 18th, 2009
Pennsylvania Senator Arlen Specter has asked the EPA to handle the BoRit Asbestos Tailings Pile Site in Ambler, PA, differently. “It is my understanding that EPA is in the process of shipping dirt to the BoRit site,” he noted. “My constituents are understandably concerned that this dirt will be used to cap the site and have advised me that previous capping attempts have not been successful.”
The waste pile is estimated to contain 149,500 cubic yards over six acres, and is about 25 feet above ground surface. According to the Mid-Atlantic Superfund website, “The BoRit Asbestos site was used to dispose of asbestos-containing material which came from a nearby asbestos manufacturing plant from the 1930′s to the 1970′s.”
Recently, the site was covered with a layer of fabric and then topped with six to eight inches of gravel. Local residents were especially concerned that this treatment was not adequate to contain the asbestos waste when a strong storm hit the area on June 13th and 14th.
Andrew Salvatore, a local resident and Community Advisory Group member, visited the site during the storm and claims that he observed disturbance and off-site migration of waste from the asbestos pile.
EPA On-Site Coordinator, Eduardo Rovira, responded regarding the Wissahickon Creek section of the site, “We don’t think that any asbestos migrated off site.” There is a possibility, however, that off-site migration of asbestos waste did occur in other areas of the Superfund site, such as the Rose Valley area (the EPA has yet to stabilize several sections).
The situation in Ambler is indicative of the insidious nature of asbestos – it is difficult to destroy and when disturbed, it becomes airborne where it can be swallowed or inhaled, causing asbestosis, lung cancer, and mesothelioma up to 4 or 5 decades later.
The lethal legacy of asbestos manufacturers, as well as that of dozens of other toxic substance manufacturers, is well beyond the resources available for clean up and removal in programs such as the Superfund Program.
Tags: asbestos, EPA, mesothelioma Posted in news | No Comments »
Monday, August 17th, 2009
Recently, an inspection performed by the Occupational Safety and Health Administration (OSHA) at the Harrah’s resort and casino in Las Vegas resulted in 12 serious asbestos-related violations. After learning of these infractions, former employee Ernie Savannah filed a lawsuit against the casino. He believes that these violations are the cause of respiratory illnesses that both he and his son are experiencing.
Mr. Savannah worked as an engineer in the Harrah’s resort. While there, he claims to have known that he was working around asbestos, yet kept the job because he “needed the insurance and income for my family.” Unfortunately, it may very well be that job that led to his son’s frequent coughing, wheezing and difficulty breathing. It is believed that Savannah’s 3-year-old son, Nico, was exposed to secondhand asbestos that was transferred home on his father’s clothing.
Mr. Savannah is claiming that Harrah’s was well aware of the asbestos infraction, and yet took no steps to properly protect their employees.
As one might expect, the father is heartbroken with the potential lifelong problems that his son may experience. Asbestos inhalation has been linked to serious lung illnesses such as mesothelioma, asbestosis, and lung cancer.
The Savannah’s ordeal strongly mirrors that of another recent childhood-related asbestos story. Trevor Alburey, age 63, recently died in Thurlby, England due to mesothelioma. It is believed that he was exposed to asbestos in a similar fashion as Savannah’s child. When he was a boy, Alburey’s father used to come home from work covered in white powder and play with him. Hopefully, young Nico will not suffer the same fate.
If you think you or a loved one have mesothelioma due to secondhand asbestos exposure, call our mesothelioma attorneys toll free at 866-632-7574 to learn about your rights.
Tags: asbestos, mesothelioma, OSHA Posted in news | No Comments »
Saturday, August 15th, 2009
The U.S. Environmental Protection Agency (EPA) has confirmed the presence of naturally occurring asbestos in Washington’s Sumas River. It is believed that the source of the asbestos fibers stems from a hillside situated above Swift Creek. During flooding in January of 2009, high waters purportedly washed the asbestos into the water stream.
This contaminated water was then transported into the Sumas River, which flows from Washington into Canada. It is possible that such naturally occurring asbestos has been contaminating the river stream for as many as 50 years.
Now, the fear is that people living nearby (in areas such as Whatcom County) may have been contaminated with unhealthy asbestos exposure. Frequent coughing, wheezing, or difficulty breathing are just a few of the symptoms associated with mesothelioma and other illnesses related to asbestos. For those living in the area, a mesothelioma doctor may be able to help diagnose any asbestos-related illnesses.
A mesothelioma lawyer can help patients in both firsthand and secondhand exposure cases. Mesothelioma attorneys have helped sufferers receive fair compensation to help pay for medical bills, pain and suffering. If you believe you have been exposed to asbestos, please contact a mesothelioma lawyer at Simons, Eddins & Greenstone, LLP – 1-866-632-7574.
Tags: asbestos, EPA, mesothelioma Posted in news | No Comments »
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