Beasley, Allen, Crow, Methvin, Portis & Miles, P.C.

The families of two workers who died of mesothelioma will each receive 17 million yen as part of a settlement agreement in a claim against the former Japanese National Railways (JNR), which is no longer in operation. The workers’ families claimed they developed mesothelioma as a result of inhaling asbestos on their job with the railway.

The story, reported by The Mainichi Daily News, says the settlement was mediated in Yokohama District Court. Two companies that now operate in place of JNR – Japan Railway Construction, Transport and Technology Agency, and the Japan Freight Railway Co. (JR Freight) – will pay the settlement.

The News estimates about 100,000 former JNR workers may have been exposed to asbestos on the job.

A man diagnosed with mesothelioma earlier this year will receive a $7.5 million settlement against 11 defendants that reportedly made, supplied or distributed the asbestos-containing products he handled and was exposed to in the workplace, according to a story in the Times-Herald. Robert Hilt of Vallejo, Calif., is 64. It is believed he developed mesothelioma during his work as a marine machinist.

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According to an Associated Press report, on Friday the U.S. Supreme Court said it is reviewing consolidated cases against the Travelers Companies Inc., to reinstate a $500 million settlement and block any new lawsuits against Travelers. The original settlement was established in 1986 in relation to a group of asbestos claims against Johns-Manville Corp., which was once a leading asbestos producer. Travelers provided insurance policies for Johns-Manville.

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The Seattle Times reported Dec. 11 that the Washington Supreme Court ruled equipment manufacturers Griscom Russell (now Viad) and Saberhagen Holdings are not responsible for asbestos-related illnesses in cases involving two men who once worked aboard Navy Ships.

According to the news story, plaintiff Joseph Simonetta has lung cancer, and Vernon Braaten has mesothelioma. Simonetta worked on an evaporator while Braaten was a pipefitter. They claim they were exposed to asbestos during these jobs, resulting in their illness.

The court ruled 6-3 in favor of the defendants in each case, finding that “since the defendents didn’t make, sell or recommend the use of asbestos, they couldn’t be held liable,” according to the Seattle Times report.

The plaintiffs argued that the companies should be liable “because asbestos was key to use of the equipment,” the story states.

While the Texas Supreme Court reviewed an appeal by seven asbestos manufacturers in order to determine an appropriate forum for trial, plaintiff Austin Richards died of mesothelioma. According to the report published by BusinessInsurance.com, the defendants – businesses based in Texas – said trying the case in their home state violated Texas civil code, because Richards lived in Maine. They argued trying the case in Texas would be an “inconvenient forum” for them, as it would be difficult for them to travel to Maine to depose witnesses.

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The Louisiana Supreme Court is currently debating the merits of an appeal lodged by two companies held liable for the illness of Ray Rando, who was diagnosed with malignant mesothelioma in 2005.

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A story published last week in the Daily Press, which serves Newport News, Virginia, reports a new approach to litigation on behalf of mesothelioma victims injured by asbestos exposure on the job. The story involves Stanley Morton, who worked in the shipyard for 33 years as an electrician. He contracted mesothelioma in 2005 after being exposed to asbestos fibers throughout his career, and died at age 72 in 2007. His family sought compensation from Exxon (now Exxon-Mobil) – the company that owned some of the ships Morton worked on – instead of any parts suppliers, a groundbreaking departure from the usual path for such suits.

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A news report from BBC Radio estimates up to 100,000 people could die of mesothelioma in the UK within the next 20 years. An expert interviewed for the story says mesothelioma, a deadly cancer that affects the lining of the lungs, is the “biggest public health disaster the world has ever seen.”

BBC reporter Andrew Hosken talks to people in northeast England, a heavily industrialized area where the rate of mesothelioma has been steadily increasing. It is believed most meso victims in this area were exposed to asbestos through their jobs in ship building and steel manufacturing.

Listen to the BBC Report.

The deadline is approaching to file for Zonolite Attic Insulation (ZAI) claims against the insulation manufacturer W.R. Grace. According to the Grace Bankruptcy Claims Information Site, to preserve a claim against W.R. Grace & Co. and related entities, all persons and entities with ZAI claims must file on or before Oct. 31, 2008. This ruling affects property-related claims that could include the cost of abatement or removal, the diminution of property value, economic loss or other property-related claims allegedly caused by ZAI manufactured by Grace.

According to the site, ZAI is a loose-fill, non-roll vermiculite home attic insulation that may contain naturally occurring asbestos.  It was sold from the 1920/1930s to 1984, and it was sold or manufactured by Grace under the brand name of “Zonolite Attic Insulation” and under other brand names, including: Attic Fill, House Fill, Home Insulation, Zonolite Insulating Fill, Econofil, Quiselle Insulating Fill, Sears Micro Fill, Ward’s Mineral Fill, Wickes Attic Insulation, Attic Plus, Mica Pellets Attic Insulation, Unifil and Cashway Attic Insulation.

ZAI may have a glittery granular appearance. The granules are shaped like a small nugget and expanded like an accordion and may have a silvery, gold translucent or brownish cast. After years in the attic, the granules may darken to black or gray. ZAI may be found underneath subsequently installed insulation of other types such as rolled fiberglass insulation.

There is a helpful Question & Answer page on the W.R. Grace Bankruptcy Claims Information site.

BEASLEY ALLEN IS NOT INVOLVED IN THE ZONOLITE LITIGATION. THIS INFORMATION IS MERELY PROVIDED AS A SERVICE TO THOSE WITH ZONOLITE INSULATION. TO LEARN MORE ABOUT FILING A ZAI CLAIM, PLEASE VISIT THE GRACE BANKRUPTCY CLAIMS INFORMATION SITE at www.graceclaims.com to download the forms necessary to file your claim.

COLUMBUS, Ohio (AP) — The Ohio Supreme Court has ruled that a 2004 law imposing stricter rules on those suing for asbestos-related injuries can be applied to cases pending before the legislation was passed, a move that could frustrate thousands of people seeking claims.

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