Wednesday, October 11, 2006
Article in today's Los Angeles Times -- Firm Must Pay Asbestos Costs, by Sam Howe Verhovek:
The Supreme Court on Tuesday let stand lower court rulings that require W.R. Grace & Co.
to pay a $54.5-million federal bill for asbestos cleanup in a Montana mining town described
by federal regulators as one of the nation's most contaminated Superfund sites.
The court rejected Grace's appeal of a decision in favor of the Environmental Protection
Agency, which sued Grace five years ago to recover the cleanup costs at a vermiculite
mine in the town of Libby.
The government is also pursuing a criminal case involving several former executives or
managers of the mining company for allegedly concealing health risks at the mine.
The New York Times article, High Court Won't Consider Asbestos Case, from the Associated Press, quotes the Ninth Circuit opinion:
''The situation confronting the EPA in Libby is truly extraordinary,'' the appeals court wrote
in its opinion in December. ''We cannot escape the fact that people are sick and dying as
a result of this continuing exposure.''
Sunday, September 3, 2006
Experts Excluded In Asbestos Case, After Defendants DaimlerChrysler And Volkswagen Win Bid For Frye Hearing
Article from Mealey's Publications -- Experts Excluded In Asbestos Case, After Defendants DaimlerChrysler And Volkswagen Win Bid For Frye Hearing:
Two plaintiffs’ experts in asbestos friction products litigation did not rely on
generally accepted methods in concluding that every exposure to asbestos products
is a proximate cause of asbestos-related disease, a judge said Aug. 17 in excluding
the testimony (Re: Toxic Substances Cases>AD 03-319, Pa. Comm. Pls., Allegheny Co.).
Defendants DaimlerChrysler Corp. and Volkswagen of America filed a motion for a
Frye hearing. Allegheny County Common Pleas Judge Robert J. Colville ordered a
handful of representative cases to be selected for purposes of the hearing. Drs. David
Laman and John Maddox submitted non-case-specific expert reports.