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Archive for November, 2008

Incoming VP Biden’s Chief of Staff Lobbied for GAF?

Tuesday, November 25th, 2008

The Washington Post has reported that Attorney Ron Klain, Vice-President Elect Biden’s new Chief of Staff, did lobbying work at the Washington office of O’Melveny & Myers, LLP.  One of the clients included an entity that called itself the “Coalition for Asbestos Resolution,” which was basically a front group for GAF.  This may have been during the time that GAF was leading the fight for a massive asbestos “reform” bill that was defeated in by victim’s advocates (including, of course, Senator Joe Biden).  Following the defeat in Congress, GAF filed for bankruptcy, where it still remains.

The more things change, the more they stay the same.  There is no evidence, of course, that Klain actually did anything of substance in this lobbying effort, but the Washington Post story does illustrate the closeness of the relationships in our government and its private-sector shadow government (i.e., the lobby shops) which most would agree are an impediment to getting the right things, as opposed to the wrong things, accomplished.


Michigan Court Precludes Testimony of Doctor in Asbestosis Cases

Friday, November 21st, 2008

Judge Robert J. Columbo, Jr. of the Circuit Court of Wayne County Michigan ruled on November 19 that R. Michael Kelly, MD is not qualified to diagnose asbestos-related non-malignant diseases like asbestosis. Dr. Kelly was accused, in a motion filed by one of the defendants, of both misreading X-rays and misusing pulmonary function test equipment to generate positive diagnoses where there should have been none.

The ruling puts about 80 cases in jeopardy, unless those plaintiffs get diagnosed by other physicians acceptable to the court. More problematic is the fact that Dr. Kelly has apparently diagnosed thousands of plaintiffs in the past—are those cases now going to be reopened? None of these plaintiffs, of course, were claiming mesothelioma or other malignancies.


Mesothelioma and the Potential Demise of the Big Three

Thursday, November 20th, 2008

The CEOs of GM, Ford and Chrysler, along with the President of the UAW, all came to Washington to let everybody know how incredibly broke they are. In classic Marie Antoinette fashion, each of the three CEOs flew to Washington on a separate corporate jet, which probably burned enough fuel to get a Lincoln Navigator to Jupiter and back (or something like that). Nice going, guys. The head honcho of the UAW displayed his own flair for public relations by announcing that there would be absolutely no concessions on the part of his membership to help these companies get out of the quicksand they’re in. To be fair, the UAW membership and retirees have made a lot of concessions over the last few years, but most of the public doesn’t know that, so it still probably wasn’t the brightest thing to say at the time.

The basic nut is that GM and Chrysler will tank really soon if something doesn’t go their way. Ford is in better shape (if you follow this stuff, you may recall that a year ago everyone thought Ford was in the worst shape of all), but that is kind of like saying that a guy who has been hit over the head with a pipe wrench is in better shape than someone who has been hit with a sledgehammer—it is a matter of degree that is meaningless in the long term.

A large number of the mesothelioma cases pending in the courts have GM, Ford and Chrysler (and sometimes import companies too) named as defendants. This is because many red-blooded Americans of a certain age range worked on their own cars, and those cars had asbestos brake and clutch components, as well as asbestos containing engine gaskets. In the case of a career mechanic who gets mesothelioma, the car companies will be the primary defendants.

If the big three go under, this will all, naturally, stop. Bankruptcy is not a good option because of the complexity of all the relationships these companies have with workers, creditors, retirees, suppliers, dealers et cetera, all of whom have legally enforceable interest (not to mention asbestos victims). It would take the better part of a decade or longer for these companies to come out of bankruptcy, if they ever came out at all.


New Jersey Judge Rules Overseas Exposure to U.S. Asbestos Valid

Friday, November 14th, 2008

A New Jersey panel of Superior Court judges has ruled that a lawsuit concerning overseas exposure to U.S. asbestos products is valid. The action was filed by Spanish workers who were exposed to asbestos while working on U.S. Navy ships in Spanish ports.

The panel’s action overturned a previous ruling and will allow the suit to proceed. According to trade publication Insurance Journal the action is a products liability case filed in New Jersey against, Ohio-based Owens-Illinois, which manufactured the insulation in factories located in Sayreville and Berlin, New Jersey.

The plaintiffs are sixteen Spanish shipyard workers who claim that they contracted asbestosis while working on Navy vessels in Cadiz and Rota Spain, where they had put in for repair. The workers were employed on these jobs between 1950 and 1998. Attorneys for Owens-Illinois argued that the case should be heard in Spain.

However the judge’s panel ruled that a U.S. court was appropriate because American law holds that Navy ships are U.S. territory no matter where they are docked. Because of that long-held position, this case belongs in a United States court. The advantages are clear, since the issue of asbestos toxicity and the responsibility of corporate entities that manufactured and used asbestos has been well established in the U.S.

It’s likely that if this ruling holds up, the Spanish workers will have a good case. Over thirty percent of U.S. mesothelioma and asbestosis sufferers are veterans – most of them Navy veterans who worked on a ship or in a shipyard with Navy vessels.


 
 
 
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