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A Wisconsin appeals court has ruled that a woman who lost her husband to mesothelioma in 2004 is within her rights to sue his former employer. The man, Walter Tatera, worked in a machine shop, where he ground brake linings to be installed in automobiles. His widow claims the manufacturer failed to warn her husband that the parts contained asbestos and could pose a health hazard.

When inhaled, asbestos fibers can become lodged in the body and cause serious health problems, such as asbestosis, a severe scarring of the lungs, and mesothelioma, a deadly cancer that affects the lining of the lungs and, sometimes, the stomach and/or heart.

The mesothelioma lawsuit was filed by Vicki Tatera of Greenfield, and was reinstated on Tuesday by the District 1 Court of Appeals. The defendant is FMC Corp. The case will now go to trial.

Source: Chicago Tribune

According to a recent report in the Insurance Journal, a former Anheuser-Busch employee will have the opportunity to reopen his claim against the company for an asbestos-related lung disease. On May 4, the New Hampshire Supreme Court reversed a decision by the New Hampshire Compensation Appeals Board (CAB), which had earlier ruled the man had waited too long to file a complaint.

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This site recently reported on the case of Harold St. John, whose family was prevented from burying their loved one because of a legal request for an autopsy. The family is engaged in a lawsuit against several auto parts manufacturers, claiming St. John was exposed to asbestos while working with the products as an auto mechanic. St. John recently died of mesothelioma, a cancer that is caused by asbestos.

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Attorneys representing the defendants in a mesothelioma death case prevented a New Jersey family from burying husband and father Harold St. John, according to a story in the New Jersey Star-Ledger. On the day of the scheduled burial, a judge ordered the funeral home to hold the body and return it to the coroner’s office until a decision is made whether or not an autopsy will be allowed. The matter is now in Superior Court in New Brunswick, N.J.

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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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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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Judge Donald Molloy has set a status hearing for all parties involved in the W.R. Grace criminal case in Missoula, Montana, Oct. 24. The criminal charges were initially filed in 2005, and alleges W.R. Grace knowingly endangered the lives of mine workers and other Libby, Montana, residents. The company is charged with charged with violating the Clean Air Act by releasing asbestos-contaminated vermiculite from its mine there. Asbestos disease devastated the town of Libby, affecting miners who worked in the now-closed vermiculite mine.

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Monday the U.S. Supreme Court rejected the appeals of W.R. Grace & Co. and six of its top executives, who are charged with violating the Clean Air Act by releasing asbestos-contaminated vermiculite from a mine in Libby, Montana, according to a story today in the Missoulian. The decision comes two years after the initial criminal filing against the company, which has been delayed pending the filing of numerous legal motions.

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A New Jersey jury awarded a Linden woman $7.5 million verdict against ExxonMobile Corp., saying she contracted peritoneal mesothelioma as a result of handling her husband’s clothing. John Anderson was employed at a refinery that was owned by ExxonMobile at the time, and his wife Bonnie had secondary exposure to his “take home” asbestos fibers for years, according to a report in NJBIZ magazine.

ExxonMobile was found responsible for the mesothelioma cancer last year. The trial to determine damages began approximately two weeks ago, resulting in the $7.5 million verdict in favor of Mrs. Anderson. According to the report, ExxonMobile plans to appeal the verdict.