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

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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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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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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A six-member jury in Superior Court in Bergen County, New Jersey, ruled on Feb. 26 to award the family of Mark Buttitta a settlement of $30.3 million. The judgment is one of the largest ever in asbestos litigation in the state. Buttitta died of mesothelioma just before Christmas 2002, at age 50, after being diagnosed in 2001. Mesothelioma is lung cancer attributed to asbestos exposure. Mark Buttitta is survived by his wife and three daughters.

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An Associated Press report Nov. 2 announced Dana Corp. has agreed to pay a total of $2 million to more than 7,000 personal injury claimants to settle asbestos lawsuits. The company, an auto-parts supplier, produced gaskets containing asbestos. A Nov. 15 hearing was set to review the proposed settlement.

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