Minnesota Asbestos Litigation

2008 - Newinski v. John Crane Co.: Dennis Newinski brought suit against John Crane Co., alleging that he had developed mesothelioma as a result of working with products manufactured by them that contained asbestos. Newinski worked for the Northern States Power Company for 35 years, from 1968 to 2000. He often handled and used asbestos gaskets and packing materials manufactured by the defendant in his work. Newinski was diagnosed with mesothelioma in 2007.
Verdict: plaintiff, $4.6 million

2001 - Joseph Akin, et al. v. Koch Industries, Inc., A.P.I., Inc. and Hickory Insulation: Akin and his wife brought suit against the defendants, alleging that he had been exposed to asbestos while working as an insulator in Minnesota, and had subsequently developed mesothelioma as a result of that exposure. His wife sued for loss of consort and attendant damages making the same allegations.
Verdict: plaintiff, $8 million

2005 - API Inc., v. One Beacon America Insurance Company: In an interesting twist, API Inc, an insurance contractor company that is a frequent defendant in Minnesota asbestos and mesothelioma lawsuits, took on the role of plaintiff in this case. API charged that One Beacon had failed to defend it from hundreds of lawsuits related to asbestos. During the 1980s, API was hit with over 700 lawsuits related to asbestos used. One Beacon America was the successor to General Accident Insurance, which had insured API from 1958 to 1966. One Beacon America refused to defend API against the lawsuits. API brought suit charging breach of contract and bad faith. A jury agreed and made one of the largest asbestos-related settlements in Minnesota history.
Verdict: Plaintiff, $52.5 million, including $27.5 million for breach of contract, $10 million for operating in bad faith and $15 million for breach of duty

Exposure to asbestos in the workplace can open the door for a personal injury lawsuit. Each state has different requirements that the plaintiff must use to prove their case, as well as a particular amount of time that they have to file suit.

Minnesota Mesothelioma Lawyer and Legal Information

With over 700 deaths due to mesothelioma from 1980 to 2000, Minnesota has one of the highest mesothelioma mortality rates in the country. It's not surprising, then, that it also ranks thirteenth in the nation for mesothelioma lawsuits. Minnesota has been the venue of several high-profile mesothelioma lawsuits, and has frequently been in the news over the past two years as the state deals with the fallout from a state health department study that revealed an obvious link between mesothelioma and the state's taconite miners

Vermont Asbestos

Asbestos products were used liberally in construction and in industrial functions prior to the mid 1980s. Structures built prior to that time will probably have some asbestos in them in the form of roofing or flooring, insulation or wallboard or caulking. Vermont has a lot of those structures, but does not have a large number of industrial sites that are known for asbestos exposure such as oil refineries and steel mills.

The two industries represented in Vermont that are high on the worker asbestos exposure list are paper mills and power plants. Those that were built prior to 1980 probably used asbestos insulation; people that worked in them may well have been exposed to asbestos on a regular basis. Vermont also has older structures such as Rutland Hospital and buildings at the University of Vermont that may once have contained asbestos. Employees that preceded asbestos cleanup in those facilities are also currently at risk for asbestos related health hazards.

Mesothelioma cancer is known to be caused by asbestos and is also known to have an extraordinarily long latency period. An individual can work around asbestos and not develop mesothelioma symptoms until twenty years later. The list below is a partial collection of job sites in Vermont that are known to have had employees exposed to asbestos.

If you were ever employed at one of these businesses, discuss the implications of asbestos exposure with your doctor and schedule regular checkups. If you have been diagnosed with an asbestos related disease, contact an experienced attorney who can make sure that you receive the compensation owed to you by former asbestos manufacturers.


BLODGETT SUPPLY COMPANY, INC. BURLINGTON VT
GENERAL ELECTRIC BURLINGTON VT
HIAWAITHA SCHOOL BURLINGTON VT
MARY FLETCHER HOSPITAL BURLINGTON VT
ST. JOHNSBURY TRUCKING TERMINAL BURLINGTON VT
UNIVERSITY OF VERMONT BURLINGTON VT
IBM ESSEX JUNCTION VT
INDUSTRIAL INSULATION, INC. ESSEX JUNCTION VT
GILMAN PAPER CO GILMAN VT
CHAMPLAIN VALLEY UNION HIGH SCHOOL HINESBURG VT
NATIONAL LIFE INSURANCE COMPANY MONTPELIER VT
NORTH COUNTRY UNION HIGH SCHOOL NEWPORT VT
OWENS-ILLINOIS, INC. NORTH TROY VT
RODDIS PLYWOOD CORP NORTH TROY VT
GREEN MOUNTAIN COLLEGE RUTLAND VT
RUTLAND HOSPITAL RUTLAND VT
AIR ROUTE SURVEILLANCE RADAR ST. ALBANS VT
KOFFEE & TEACHOUT ST. ALBANS VT
OWENS ILLINOIS PLYWOOD COMPANY TROY VT
FORT ETHAN ALLEN WINNOSKI VT

Deaths due to Asbestos Exposure in Vermont

Vermont has not had the asbestos-related death rate seen in some of the New England states to the south. A study that looked at deaths due to asbestos exposure during the period between 1979 and 2000 found that in Vermont, there were 29 deaths due to asbestosis. Deaths in Vermont due to mesothelioma cancer were between 46 and 77 over the same time period.

The federal government has been logging mesothelioma deaths since 1999. Their data shows that between 1999 and the end of 2004 there were 29 deaths in Vermont due to malignant mesothelioma. The asbestos may be gone, but the health dangers linger.

Vermont Asbestos Litigation

Until 1999, Vermont decided workers' compensation cases for asbestosis and mesothelioma under the Vermont Occupational Disease Act, which held that occupational diseases were only compensable under Vermont law if disablement due to the disease occurred within five years of the last exposure to asbestos. That law was repealed in 1999, when a statutory decision applied the discovery rule to cases of occupational disease. However, it has been applied in recent cases such as the one below.

2006 - Carter v. Fred's Plumbing & Heating, Inc: This 2006 decision on a matter before the Hearing Board of the Vermont Workers' Compensation Board illustrates some of the difficulties faced by those trying to file claims for compensation under Workers' Compensation rules. The plaintiff filed for workers' compensation benefits due to disablement by asbestosis, bringing a claim against Fred's Plumbing and Heating and against five insurance companies who insured the company at various points in time. The insurance companies filed for summary judgment based on the fact that the claim was time-barred by a limitation statute because the law that controlled the claim was the law in effect at the time of the plaintiff's last exposure to asbestos. That time was judged to be no later than 1981, and the law in effect at that time was the Vermont Occupational Disease Act. Under that law, in order to qualify for compensation an occupational disease must result "within five years of the last injurious exposure". The Workers' Compensation Board agreed, and the claim was dismissed with a summary judgment. The opinion was upheld on appeal.

That case also pointed out the importance of having the advice of an experienced Vermont mesothelioma lawyer who is knowledgeable about the various defendants and insurance companies who insured the defendants. Among the grounds considered in deciding summary dismissal was the question of which insurer was responsible for paying the claim. An experienced lawyer has the resources to research and learn which companies and insurers are the correct ones to be named in a claim.

Vermont Mesothelioma Lawyer and Legal Information

Vermont was the original home of asbestos mining in the United States, and for a short period of time supplied nearly all of the asbestos used in the country. For numerous reasons, however, the asbestos industry never really developed in the state. In large part because of that, Vermont has seen little in the way of asbestos litigation, though it does have a connection to asbestos reform. Vermont senator Patrick Leahy was one of the co-sponsors of the 2005 FAIR asbestos litigation reform bill.

One of the major current asbestos concerns in Vermont is the cleanup of Belvedere Mountain, location of the Vermont Asbestos Group's mine. The mine has been closed since 1993, and EPA studies at the site show asbestos contamination and raise a concern about the possibility of asbestos fibers becoming airborne and a danger to the community. The EPA is considering superfund status for the Belvedere site, and some estimate that cleanup will top $500 million "give or take $200 million".

Taken from the Cool Antarctica forum:

Q. I'm considering going on an Antarctic cruise, but I'm a bit wary that the reality won't be like it seems from pictures I've seen and hearing from people who spent years there. How realistic is two weeks for instance? I'd be interested in hearing form any one who has been on an Antarctic cruise whether it lived up to expectations or not.

A. Hello, I know you posted your question a long time ago, so you may well have visited the White Continent by now - if not, and you can afford it - go!

It is the experience of a lifetime.

2 weeks is never enough, but is a good introduction to the landscape/scenery/wildlife. I came back about 2 weeks ago and it surpassed all my hopes - none of the books you read, photos you see, prepare you for actually being there in the most spiritual, beautiful landscape in the world. You will no doubt go on a cruise ship - don't choose a big one, or you'll never get ashore - go with a small ship (less than 50 passengers) and make sure they are members of the IAATO (Antarctic tour operators association) as this will guarantee your trip does not adversely impact the environment there.

Ship size and the cruise

There are passenger ships of a variety of sizes that sail to Antarctica and the choice of ship can make a big difference to your journey and experiences.

First of all Antarctic cruises aren't like other more well known cruises to warmer climates with discos, and showbiz entertainment, though the larger the ship, the more likely there is to be entertainment provided.

What you will find are a number of very well informed and experienced cruise guides working on the ship who will give lectures on a regular basis about various aspects of Antarctic history and natural history. These will also often be around to socialize in the evenings along with some of the ships crew and captain.

There are rules laid down by the International Association of Antarctic Tour Operators (IAATO) covering such things as the size of cruise ship allowed to enter Antarctic waters and covering conduct at landing sites in Antarctica. This is a voluntary organization and is well respected, you should always make sure that the ship / tour company you go to Antarctica with is a member of IAATO.

One of the main rules that will impact on your visit is that only 100 passengers at any one time may be landed in any one place in Antarctica. If you are on a small ship of up to 100 passengers, then you get a chance to go ashore every time. If the ship is larger, then there will be less opportunity for landings. Although, surprisingly, there are number of people who go to Antarctica and never leave the ship - the choice obviously is yours.

Where do trips leave from?

Peninsula voyages generally depart from Ushuaia in Argentina, other South American ports are occasionally used. The great majority of trips leave from South America, those that leave from elsewhere tend to be longer and more expensive - considerably so.
Visits to the Peninsula region usually involve a round trip from Ushuaia. Those to Eastern Antarctica and the Ross Sea area often involve two different ports, e.g. Hobart (Aus) to Christchurch (NZ), Port Elizabeth (SA) to Hobart (Aus).

For trips to the Ross region and Eastern Antarctica, commonly used ports are: Hobart (Australia), Auckland and Lyttelton-Christchurch (New Zealand).

Departures rarely set out from from Cape Town and Port Elizabeth (South Africa) and Fremantle / Perth (Australia).

No documentation or visas are required to visit Antarctica, but if your cruise stops off at other countries en route, visas and documentation may be required for them

Tourism in Antarctica

There are no indigenous people on Antarctica. The population varies from fewer than 1,000 in winter to nearly 35,000 in summer: 5,000 scientists from 27 of the countries party to the Antarctic Treaty, plus 29,576 tourists last season - 2006/2007.

Antarctica surrounds the South Pole. The nearest landmass is South America, which is over 620 miles from the tip of the Antarctic Peninsula.

Surface area 14 million square miles (36 million square kilometres).

There is no indigenous government, management of the Antarctic is organised through the legal framework of the Antarctic Treaty of 1959. Forty-three nations are now party to this agreement, and seven of those - the UK, Norway, Chile, France, Australia, Argentina and New Zealand - have historic claims on parts of the continent as national territory. The 1959 Antarctic Treaty preserves the status quo of the continent by neither recognizing nor rejecting the claims of these countries and by not allowing expansion in any way on the continent.

Tourism in the Antarctic is mainly by around 20 vessels carrying 45 to 280 passengers each.

The ships are ice strengthened and sail primarily to the Antarctic Peninsula region sometimes also including South Georgia and the Falkland Islands (Islas Malvinas).

There have been occasional voyages to Antarctica by larger passenger vessels (up to 960 tourists), some of which conduct sightseeing cruises only without landings. Yacht travel is also very popular, and gives a smaller scale more intimate contact, though often without the luxuries and facilities of the larger Antarctica cruise ship.

Several expeditions take place outside the Peninsula region each season. Voyages have been made to the Weddell Sea, Ross Sea region and, on occasion, East Antarctica including islands of the Indian Ocean sector. These expeditions have included visits to emperor penguin colonies, historical huts, the Dry Valleys and other remote areas

Crest Tooth Whitening Strips

How does Crest Whitening strips Premium Plus work? Crest Whitestrips Premium Plus are thin, flexible strips that are coated with a tooth whitening gel containing peroxide and are uniquely designed to conform to the shape of your teeth. It works by keeping the whitening gel on your teeth for 30 minutes at a time, long enough to get at stain build-up below tooth enamel to visibly whiten your teeth.

Crest Frequently Asked Questions
Is Crest Whitestrips Premium Plus safe for my tooth enamel? Yes. Crest Whitestrips Premium Plus contains peroxide, the same enamel safe ingredient dentists use for tooth whitening. Extensive testing has shown the product to be safe when used as directed.

Will Crest Whitestrips Premium Plus affect my dental work? CREST WHITESTRIPS PREMIUM PLUS WILL ONLY WHITEN NATURAL TEETH. It will NOT whiten caps, crowns, veneers, fillings or dentures. Whitestrips Premium Plus should not harm most dental work. Do not use with dental braces. If you have dental work or staining from medication, ask your dentist to determine if whitening is appropriate.

What about tooth sensitivity? Some people may experience tooth sensivity when using whitening products - this is temporary and not harmful. lf significant tooth sensitivity develops, try using Crest Whltestrips Premium Plus only once per day rather than two times per day or stop for 2-3 days then resume once per day usage If problem persists, discontinue using Crest Whitestrips Premium Plus.

Sometimes I see white spots on my teeth immediately after I remove a strip. Will they go away? Yes, the whte spots are temporary. These spots are not harmful and will go away in a few hours.

Other important usage information If irritation such as redness, swelling, soreness of the gums or the mouth occurs, discontinue use and consult a dentist. Products containing peroxides are not recommended for use in children under 12 years of age. Use for periods of longer than 14 days only under the supervision of a dentist. Avoid direct contact of the gel with the gums and/or salivary flow. Do not swallow plastic strip or the gel. Do not get gel material in eyes. Wash hands with soap and water after applying the strips. Keep out of the reach of young children.

Crest WhiteStrips Teeth Whitening System

Clinical results now prove that Crest Whitestrips provides whiter teeth for 12 months.

This is exciting news! Beautiful, whiter teeth for 12 months - now that's something to smile about!

These flexible, virtually invisible strips only need to be worn for 30 minutes twice a day. Use Crest Whitestrips for 14 days and you'll have whiter teeth for 12 months.

Give them a try; reveal your visibly whiter smile.

HOW IT WORKS

Whiten Your Teeth - The Secret to a Whiter Smile Is in the Strip.

Crest Whitestrips® whitening power comes from a gel that contains the same enamel-safe ingredient dentists use for tooth whitening.

Brushing with whitening toothpaste only cleans away surface stains.

Crest Whitestrips and Crest Whitestrips Premium holds the whitening ingredient against your teeth long enough to get at stains beneath the surface. You'll have visibly whiter teeth in just 14 days with Crest Whitestrips.

Whiter teeth for 12 months. Easy and Effective.

DIRECTIONS

30 minutes, twice a day
Crest Whitestrips® are virtually invisible, so you can wear them almost any part of your day. Wear them while getting ready in the morning, talking on the phone or watching TV.

Upper Teeth: Do not brush immediately before applying strips. Open blue pouch marked "Upper" and remove strip. Find zigzag slit. Separate slit to expose edge of textured whitening strip. Slowly peel strip off clear backing. The gel side is placed against the teeth. Note: some border material will remain on the backing liner after the strip is removed. This material serves to protect the strip. Using a mirror, place strip on front teeth, aligning top of strip with your gum line. Press gently to ensure good contact with teeth. Fold the rest of the strip behind your teeth to keep it in place. Wear for 30 minutes and remove. Rinse, brush or wipe away any remaining gel. Wear 2 upper strips per day. Finish using all upper strips before whitening the lower teeth.

Lower Teeth: Repeat the process on your lower teeth. The lower strip has a different shape to better fit the lower teeth. Place strip on lower teeth, aligning the bottom of strip with your gum line. Fold the rest of the strip behind your teeth to keep it in place.

Whiter teeth for 12 months. Easy and Effective.

DIRECTIONS

30 minutes, twice a day
Crest Whitestrips® are virtually invisible, so you can wear them almost any part of your day. Wear them while getting ready in the morning, talking on the phone or watching TV.

Upper Teeth: Do not brush immediately before applying strips. Open blue pouch marked "Upper" and remove strip. Find zigzag slit. Separate slit to expose edge of textured whitening strip. Slowly peel strip off clear backing. The gel side is placed against the teeth. Note: some border material will remain on the backing liner after the strip is removed. This material serves to protect the strip. Using a mirror, place strip on front teeth, aligning top of strip with your gum line. Press gently to ensure good contact with teeth. Fold the rest of the strip behind your teeth to keep it in place. Wear for 30 minutes and remove. Rinse, brush or wipe away any remaining gel. Wear 2 upper strips per day. Finish using all upper strips before whitening the lower teeth.

Lower Teeth: Repeat the process on your lower teeth. The lower strip has a different shape to better fit the lower teeth. Place strip on lower teeth, aligning the bottom of strip with your gum line. Fold the rest of the strip behind your teeth to keep it in place.
Whiter teeth for 12 months. Easy and Effective.

INGREDIENTS

Purified Water, Glycerin, Hydrogen Peroxide, Carbopol 956, Sodium Hydroxide, Sodium Acid Pyrophosphate, Sodium Stannate

USAGE TIPS

Crest Whitestrips should be worn on your upper and lower teeth, twice a day, for 30 minutes. It will take 14 days to complete your Crest Whitestrips kit. Some people find it easier to start with their upper teeth and then do their lower teeth separately.
Crest Whitestrips are so easy to use, you can use them almost anytime, anywhere. You can wear them while you:
Shower / get ready in the morning
Check email / surf the web
Commute to work / in the car
Watch TV / read / talk on the phone
Eating, drinking, smoking or sleeping while wearing a strip is not recommended. Doing so could affect whitening results.
Avoid contact of gel with cloth, leather, or fabric.
Store in a cool place away from heat.
Sensitive teeth and gums
Some people may experience tooth sensitivity or gum irritation when using whitening products - this is temporary and not harmful.
If significant tooth sensitivity or gum discomfort develops, try using Crest Whitestrips only once per day ratherthan two times per day or stop for 2-3 days then resume once per day usage. If problem persists, discontinue using Crest Whitestrips.
Additional Information
Crest Whitestrips contain peroxide, the same enamel-safe ingredient dentists use for tooth whitening. Extensive testing has shown the product to be safe when used as directed.
Crest Whitestrips will only whiten natural teeth.
They will not whiten caps, crowns, veneers, fillings, or dentures.
Crest Whitestrips should not harm most dental work.
Do not use with dental braces.
If you have dental work or staining from medication, ask your dentist to determine if whitening is appropriate.

CAUTIONS

If irritation such as redness, swelling, soreness of the gums or the mouth occurs, discontinue use and consult a dentist.
Products containing peroxides are not recommended for use in children under 12 years of age.
Use for periods of longer than 14 days per arch only under the supervision of a dentist.
Avoid direct contact of the gel with the gums and/or salivary flow.
Do not swallow plastic strip or the gel.
Do not get gel material in eyes.
Keep out of the reach of young children.
Patients should consult their dentist to determine if whitening is appropriate. This is especially important for patients with many fillings, crowns and extremely dark stains such as medication staining. If you have dental work, Crest Whitestrips only whiten natural teeth. The strips will not whiten caps, crowns, veneers or fillings. (However, they will not harm dental work either.)
Everyone's teeth are stained for different reasons. Drinking coffee and tea, diet and tobacco use are a few reasons why teeth are not as white as we would like. For this reason, teeth whiten at different rates. Use Crest Whitestrips every 12-months or as needed to maintain whiteness.
Contents: Retail Package Contains: 56 Tooth Whitening Strips, 28 for Upper Teeth, 28 for Lower Teeth, and instructions.

United Airlines to help Aloha Airlines customers

The following questions and answers section provides additional information for customers scheduled to fly with Aloha Airlines:

What does a code share relationship between United and Aloha Airlines mean?
It means that we were allowed to market flights as our own even though they are actually operated by Aloha Airlines. Conversely, it allowed Aloha to have an Aloha flight number on flights which were actually operated by United. Therefore, customers ticketed on either airline have the potential to be affected.

How will United rebook customers originally scheduled to fly on Aloha Airlines?
For United ticketed customers, we will make our best effort to rebook you on an Unted flight between the U.S. Mainland and your Hawaiian destination. The same would also be true for flights departing Hawaii for the U.S. mainland. For inter-island travel, we will do or best to find you alternate arrangements on either Hawaiian Airlines or Go! Airlines.

However, all accommodations will be dependent on the availability of seats. If no acceptable arrangements can be made United Airlines will refund your ticket, according to the rules of the original fare you have paid.

How do I know which airline has issued my ticket? All airline tickets have a ticket number. The first three digits of the ticket number will identify who has issued the ticket.
Tickets beginning with 016 are issued by United Airlines.

Tickets beginning with 327 are issued by Aloha Airlines.

Back to top

How do I know if my flight is cancelled or will operate?
If you have a flight number that is between United 0001 and United 1699 it is operated by United and is not impacted.

If you have a flight number that is between United 3940 - 4299 it is operated by Aloha and is cancelled.

If you have a flight number that is shown as Aloha 1100 - Aloha 1299 these flights are operated by United and will continue to operate.

If your flight carries either an United or an Aloha Airlines flight number and is operated by Island Air, your flight will operate as normal since they are not affected by Aloha's discontinuation of service.

How will a United ticketed customer booked on an Aloha Airlines operated flight be rebooked?
United customers booked on Aloha Airlines operated flights will be rebooked for their same day of travel at no additional charge (subject to availability). In some cases we may re-book customers on another carrier, at no charge, if we cannot find space available on one of our flights.

How will Aloha Airlines ticketed customers booked on United operated flights be rebooked?
Customers are not affected as they are already confirmed on a United operated flight.

We will continue to accept all Aloha Airline issued tickets for United operated flights. Customers should check in as normal.

How will United customers booked on Aloha Airlines flights with Mileage Plus miles be rebooked?
United ticketed customers on Aloha Airlines using Mileage Plus miles will be rebooked on another flight either with United, Hawaiian or Go! (subject to availability). If acceptable arrangements can not be made, customers will be re-credited the miles to their account without a fee prior to the beginning of travel.

Please call one of our reservation offices for assistance. Within North America, you can reach us at 1-800-UNITED-1.

Outside North America, visit our worldwide contact center list for an office near you.
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Will United Airlines accept AlohaPass frequent flier reservations?
United will continue to honor ticketed reservations using AlohaPass miles that Aloha's frequent flier members have on United Airlines flights.

I have already begun my journey on an Aloha ticket and I have a return ticket on an Aloha flight that has been cancelled. What do I do?
You will need to work with your travel agency or credit card company for any instructions on a partial refund from Aloha Airlines.

United Airlines is offering a special fare for customers holding an Aloha Airlines ticket for travel between March 31, 2008 and April 30, 2008. This fare is available only for one-way travel between the U. S. Mainland and Hawaii. You must be able to provide proof of purchase of a Aloha Airlines ticket to qualify. Please call United Reservations at 1-800-UNITED1 for more information.

Will United customers be affected in other ways?
United customers may also be affected by the dissolution of the overall marketing partnership with Aloha Airlines. This would include the discontinuation of mileage accrual and redemption in the joint frequent flier programs

Pip Search Engine Promotion

Search Engine Optimization Defined
Search engine optimization (SEO) is the practice of guiding the development or redevelopment of a website so that it will naturally attract visitors by winning top ranking on the major search engines for selected keyword phrases.

Guide to Search Engine Optimization
In order to optimize your website, you need to ask yourself 3 questions:

1. How are people searching for my products and/or services?

2. Which sites are winning for those searches, and why?

3. Which searches can I win?

After you've identified a number of search phrases that are potentially winnable, you are ready to create a search engine optimization plan for your website.

First, review your website and determine whether you have significant content already developed that correlates closely with the keyword phrases you have identified. At a minimum, you need one page of well-written and useful content for each keyword family you have chosen. Each page should be entirely focused on exactly one keyword family. An excellent example is a page from an encyclopedia. For competitive keyword phrases, you will likely need to devote entire sections of your site to winning just one phrase.

Your Search Engine Optimization Plan
A complete guide to search engine optimization would be book-length, and would be out of date as soon as it was published, but here are several tips for building a website with search engine optimization in mind:

1. Every page on your site must have a unique HTML title tag, meta keywords tag, and meta description tag.

2. Follow W3C recommendations for HTML document structure. Begin the body copy of your page with your keyword phrase, and repeat it as needed as the theme of the page throughout your copy. Feature your keyword phrase prominently by including it in headers and making it bold or italics.

3. Use text navigation on your site, and use the keyword phrases you have selected as the links. If you cannot use text navigation, include a footer on every page using text links.

4. Build a text site map, and link to it from every page of your site.

5. Organize your navigation according to the importance of your keyword phrases. If you break your site into many pages, link to the most important pages from every page of your site, and link to the other pages from section header pages and the site map.

6. Establish your site by submitting to the major directories, The Open Directory and the Yahoo! Directory, then build your link popularity by submitting to web directories, search engines, and requesting links from related websites.

7. Be patient. A search engine optimization project can take quite some time to work.

For Google's suggestions on search engine optimization, see Google Information for Webmasters - Webmaster Guidelines.

Santa Barbara Jet Charter

Please allow me to introduce my company: Santa Barbara Executive Jet. We are a private jet charter company based in Santa Barbara, Ca. When we started out six years ago we had a Lear Jet 35A. Currently we operate a 2001 Lear Jet 45, 2001 King Air 350, and a 1991 Baron 58. We also have a Bombardier Continental Jet on order, which is slated for delivery to us in November, 2004. With a quality fleet like this, I think we can cover a wide range of needs for our clients.
Quality doesn’t stop at the door of our aircraft. All of our pilots get initial and annual recurrent training at Flight Safety International and Bombardier Training Center in full motion simulators. Our captain Douglas Gotterba has over 13,000 hours and operates the Lear Jet 45. Captain Rick Lewis has over 10,000 hours and operates our King Air 350. Douglas and Rick have been serving the local community for over 20 years.

SBEJ has been audited by Wyvern Aviation Consulting so that our clients can be assured they are using one of the best charter operators in the country. Our impeccable safety record and #1 service combined with our new fleet of aircraft make us a prime choice charter operator in the Southern California area.

Ohio Asbestos Litigation

Ohio is ranked fifth in the U.S. for mesothelioma cases filed. When the legislature enacted the Victim Fairness bill in 2004, there were over 40,000 suits pending in Ohio's largest county. Ohio juries often find for the plaintiff and return large judgments in mesothelioma cases, but these days it is more difficult for plaintiffs to bring a suit.

2000 - Lynne Marion et al v. A-Best Products Co.: Cuyahoga County jury awarded $4.5 million to family of man who died of mesothelioma due to exposure to asbestos in friction brake products.
Verdict: Plaintiff, $4.5 million

2003 - Blandford v. Garlock, Inc : A Cuyahoga County jury awarded $6.4 million to the family of an Ohio steelworker who developed mesothelioma after exposure to the company's asbestos containing products.
Verdict: Plaintiff $6.4 million

2001 - Robinson v. North American Refractories: Another Cuyahoga County suit, in which the jury awarded $3.5 million to a steelworker who developed mesothelioma in the course of his work
Verdict: Plaintif, $3.5 million

Ohio Statutes Clarifying Liability

In addition, Ohio has also passed statutes that limit those who can be sued in three different ways.

Premises Owners in cases where the exposure to asbestos happened before January 1, 1972, the plaintiff must prove that a premises owner knew or should have known that asbestos levels in the plaintiff's immediate breathing zone regularly exceeded safe levels. For exposures after that date, the plaintiff must prove that the owner of the premises intentionally violated an established safety standard leading to the exposure.

Piercing the Corporate Veil applies to situations where a corporation or individual is sued because they hold stock in another entity that is being sued for exposing the plaintiff to asbestos. Under the Ohio statute, a plaintiff must meet specific criteria before being allowed to pierce the corporate veil.

Limited Liability of Successors limits the amount of damages that can be recovered from companies that bought companies that exposed the plaintiff to asbestos to an amount proportionate to the fair market value of the acquired company, stock or assets.

asbestos attorney ohio

A plaintiff bringing suit in Ohio must have a medical diagnosis that demonstrates physical impairment under criteria established by the American Medical Association. Proponents claim that this provision frees up valuable resources to be applied to those who actually need them - those who are actually ill because of asbestos. At the same time, it preserves the right of those who have been affected by asbestos but are not physically ill to sue if they later develop symptoms.

Ohio Mesothelioma

Ohio was one of the first states to enact legislative reforms aimed at reducing the number of asbestos suits in the state court system. In 2004, the Ohio legislature passed HB 292- The Asbestos Victims Fairness Act. That bill requires that those filing suit prove physical impairment. Those who don't meet specific medical criteria are barred from filing suit, but may file suit if symptoms develop later.
The Ohio reforms are further reaching than just requiring proof of physical impairment before allowing suit. The bill also affects who may be sued with provisions about piercing the corporate veil, premises liability and protection for successor companies. In essence, the Ohio asbestos reform bill protects many of the defendants traditionally sued in asbestos cases while requiring that plaintiffs prove that they have been actually affected by asbestos before they bring suit.

The reforms enacted in Ohio paved the way for other states to enact similar laws. To date, those states include Texas, Florida and Georgia

Tampa Criminal Defense Attorney

The Sammis Law Firm is a full service criminal defense firm located in downtown Tampa, Hillsborough County, Florida. Contact an experienced Tampa criminal attorney at the Sammis Law Firm, P.A. to discuss your misdemeanor or felony criminal charges by calling 813-250-0500 today. Obtaining the best result requires aggressive and experienced legal representation at every stage of the criminal case from the pre-file investigation, emergency bond reduction hearing, arraignment, disposition hearings, pre-trial conferences, evidentiary motion hearings, through a jury trial. Whether you are charged with Driving Under the Influence (DUI), Driving While License Suspended or Revoked, Habitual Traffic Offender, Reckless Driving, Domestic Violence, Aggravated Assault with a Firearm, Theft, Fraud, Shoplifting, Violation of Probation (VOP) or Drug Offenses (from Simple Possession of Marijuana to Drug Trafficking), an experienced Tampa criminal lawyer at the Sammis Law Firm can aggressively defend you against the criminal charge.

Many of our clients have no prior criminal record and never imagined that they would be on the wrong side of the law. We understand the collateral consequences of a criminal arrest and prosecution can be devastating, especially for someone with no other criminal record. Only by aggressively fighting the charges against you can you avoid many of these consequences. We provide assistance to our clients with driver license administrative hearings, asset and vehicle forfeiture issues, injunctions for protection and restraining orders, petitions for early termination of probation, false arrest and malicious prosecution claims and clearing a criminal record through the seal and expunge process. Contact us now to discuss what you might need to do today to protect yourself, your family and your career from the criminal accusation. Hire an experienced and aggressive Tampa criminal defense attorney at the Sammis Law Firm to listen to all of your concerns, thoroughly investigate the facts of the case and prepare a strategy best suited to defend you against the criminal charges.

Whether you have been wrongly accused or the State of Florida has insufficient evidence, the best result is getting all charges dropped by the State Attorney's Office or dismissed by the trial court. We work with seasoned investigators and the most highly qualified expert witnesses, while still maintaining very reasonable fees with payment plans available when needed. Hiring an experienced Tampa criminal defense attorney who will use every resource available for your defense is key to obtaining the best result.

Our website provides a wealth of information on criminal offenses in Florida, the possible punishments, possible collateral consequences and legal defenses available under Florida law. We use the most cutting edge legal research techniques to pursue a scholarly approach to finding all viable issues that can be aggressively litigated through motions to suppress evidence and motions to dismiss criminal charges.

We represent clients charged with all criminal offenses in State Court (including DUI and serious driving and drug offenses) throughout the Tampa Bay area including Hillsborough County, Polk County, Pasco County, Pinellas County, Manatee County and the surrounding areas of central Florida.

Pre-Arrest Investigations

If you have been contacted by a law enforcement officer, contact us immediately. Although any statement that you make to law enforcement may be misconstrued, and ultimately used against you, your side of the story can best be told through your Florida criminal defense attorney. We strive to convince law enforcement that an arrest is not warranted. In the event law enforcement does intend to make an arrest, your attorney can usually negotiate your surrender under terms that may speed up your release, contact the prosecutor to discuss lowering the bond amount and handle other important details that will minimize the embarrassment, stress and expense that normally accompany an arrest.

Effective Pre-File Negotiations

If you have been arrested on a felony charge, but not yet formally charged by the State Attorney's Office in Florida, we work quickly to present all mitigating factors and exculpatory evidence to the State Attorney's Office in an attempt to convince the prosecutor not to file charges, or to file only greatly reduced charges. The State Attorney's Office in Florida typically makes a filing decision within 21 days of your arrest, so act quickly to preserve all avenues of attack.

When you cannot afford to lose your case, contact the Sammis Law Firm, P.A. for a free immediate consultation over the phone or in the office. We can begin your defense today.

Source:http://www.criminaldefenseattorneytampa.com/

Rhode Island Asbestos Litigation

Rhode Island requires that plaintiffs meet a high standard of product identification, proving that they were actually exposed to products manufactured by or distributed by the defendants. A look at recent Rhode Island court decisions illustrates these principles.

3/2008 - LaPointe v. 3M Company et al: Homasote, a defendant in the case, moved for summary judgment, alleging that the defendant had not met the threshold obligation of product identification. LaPointe stated in affidavit that he was uncertain whether sheetrock he had worked with was a Homasote product. The court ruled against the defendant, permitting the case to go forward, concluding with the statement "this Court reiterates that the questions of whether the Plaintiff was ever exposed to asbestos by working near the Defendant's product or whether such exposure was the cause of Plaintiff's injury are questions for the jury to determine."

mesothelioma attorney rhode island

Rhode Island Mesothelioma Lawyer and Legal Information
Rhode Island is ranked 39 in the nation for mesothelioma cases, despite its relatively high ranking in the nation for deaths from mesothelioma. Until very recently, it was the only one of the 50 states that had not acknowledged or formally recognized a doctrine that is often used to bar lawsuits brought in jurisdictions other than the plaintiff's home jurisdiction.

In a 2005 decision, a Rhode Island Superior Court denied the petition of 39 defendants in various asbestos-related cases to dismiss the suits for reason of ?forum non conveniens'. The principle of forum non conveniens is used in 46 states to dismiss cases that have no significant connection to the jurisdiction in which they are brought. Until very recently, Rhode Island did not recognize forum non conveniens. The 39 defendants appealed the Superior Court's decision, and in an opinion published May 9, 2008 the Rhode Island Supreme Court stated that:

"no litigation crisis exists" at present (in Rhode Island), that the court was not "mired in asbestos litigation," and that there had been no deluge of asbestos cases over the last two decades. To the contrary, the court found that the asbestos docket had been neither unmanageable nor unwieldy. The trial justice reasoned that it was of "paramount importance" that the parties have their cases heard as promptly as possible and that asbestos-related litigation defied containment by boundaries. (Scallion et al v. A.W. Chesterton)

Despite this, the Supreme Court reversed the finding of the lower court, with some very telling commentary. In part, the opinion written by Justice Suttell for the court reads:

Nevertheless, we must also be cognizant of the strains such litigation places on Rhode Island's judicial resources. Courts across the country have experienced a burgeoning of products-liability and negligence litigation, much of which, as the trial justice noted, transcends geographical boundaries. Our courts in Rhode Island must stand open to provide remedies to those who have been injured and to treat all litigants fairly. Our courts, however, need not resolve disputes of all persons who choose to file suit in Rhode Island.

Thus, as of May 9, 2008, the Rhode Island Supreme Court reversed over 200 years of judicial history and for the first time formally acknowledged the doctrine of forum non conveniens, giving defendants a ready defense to request dismissal in the state's courts.

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How Does Asbestos Cause Peritoneal Mesothelioma?

There are two main theories regarding how asbestos exposure leads to the development of peritoneal mesothelioma:

Asbestos fibers are ingested, and these fibers work their way from digestive organs into the peritoneal membrane.
Asbestos fibers are inhaled, and travel to the peritoneal membrane via the lymphatic system.
Regardless of how asbestos fibers actually enter the peritoneal layers, once they do enter the membrane, the body experiences difficulty in expelling them. The fibers become trapped in the peritoneal membrane, and over a period of two or more decades, cause certain changes in the mesothelial cells of the peritoneum.

The exact way in which asbestos fibers cause changes in these mesothelial cells is uncertain. One theory is that asbestos fibers cause long-term inflammation and irritation that eventually causes mesothelial cells to become cancerous. When cells become cancerous, they lose the ability to regulate their own division and growth. Cancerous mesothelial cells divide and grow without restraint, and this uncontrolled cell growth causes thickening of the peritoneum, and the build-up of fluid in the peritoneal layers. Overtime, as cancerous cells continue to divide, tumors form.
With an assorted array of treatment options available to combat mesothelioma, it is important to understand your options and we offer a comprehensive packet with information about treatment and top doctors. To receive your packet, please fill out this form .

Treatment for Peritoneal Mesothelioma

Though treating peritoneal mesothelioma can be difficult since the cancer has typically progressed to later stages of development, doctors typically recommend treatment to patients to combat the cancer and aid in pain relief. Common treatments used for patients with mesothelioma include surgery, chemotherapy and radiation . Chemotherapy medications and radiation therapy target and kill cancerous cells that rapidly divide.

While no known cure for peritoneal mesothelioma exists, patients may elect to undergo a combination of treatments or participate in clinical trials to alleviate pain and increase the quality of life. Clinical trials are studies that qualifying patients may participate to test up-and-coming medications and treatments. All potential treatment options and medications must go through clinical trials before they are deemed safe and effective.

Intraperitoneal chemotherapy is just one effective form of peritoneal mesothelioma treatment.
Some peritoneal mesothelioma patients may opt for intraperitoneal chemotherapy, where medications are injected directly into the peritoneum immediately following surgery. In some cases, patients may first go through radiation therapy to shrink tumors before undergoing surgery.

Many patients, however, are not good candidates for surgery since mesothelioma has often spread too extensively or because the patient’s general health is too poor to cope with the stress of surgery. These patients may elect to participate in palliative treatment options that do not attempt to cure a patient, but work to relieve symptoms and improve the quality of life for peritoneal mesothelioma patients.

Peritoneal Mesothelioma Diagnosis

A peritoneal mesothelioma diagnosis cannot be made on the basis of symptoms alone. The process begins with a thorough examination of a patient’s medical history and physical condition, followed by sophisticated diagnostic testing such as imaging and fluid and tissue tests.

Imaging tests such as x-rays or CT scans are used to detect any abnormalities in the body and a biopsy is usually performed to confirm that the cancer involved is indeed mesothelioma. A biopsy is a minor surgical procedure that involves the removal of fluid or tissue from the peritoneum.
After the biopsy, the fluid and tissue is tested in a laboratory for the presence of mesothelioma cells. If the biopsy returned reveals that a patient has peritoneal mesothelioma, the doctor, together with the patient, will detail a treatment plan

Symptoms of Peritoneal Mesothelioma

A patient with peritoneal mesothelioma may not demonstrate symptoms of the cancer for 20 to 50 years after initial asbestos exposure since it often takes years for mesothelioma to manifest. In the case of peritoneal mesothelioma, asbestos fibers travel into the peritoneal layers where they cause irritation and inflammation and the development of cancerous cells which divide and grow uncontrollably. The cells cause thickening of the peritoneum and fluid build-up in the peritoneal layers. As the cancerous cells continue to divide overtime, tumors start to form. Most peritoneal mesothelioma symptoms are caused by this membrane thickening, fluid build-up, and eventual tumor development, all of which put pressure on internal organs

Peritoneal mesothelioma symptoms include:

Abdominal pain or swelling
Changes in bowel habits (such as diarrhea or constipation)
Development of lumps under the skin on the abdomen
Night sweats or fever
Unexplained weight loss
Nausea or vomiting
Fatigue
Anemia

Peritoneal Mesothelioma

Mesothelioma is a rare, aggressive cancer caused by asbestos exposure. Of the 2,000 to 3,000 cases of mesothelioma diagnosed in the United States annually, 10 to 20 percent of the patients are diagnosed with peritoneal mesothelioma. Peritoneal mesothelioma develops in the abdomen, in the mesothelial cells that form a membranous layer called the peritoneum
The peritoneum is a membranous layer that is made up of two 'sub-layers' called the parietal and visceral layers. The parietal layer covers the abdominal cavity, while the visceral layer surrounds abdominal organs. Together these two layers provide support and protection for abdominal organs and the abdominal cavity as a whole.

Peritoneal mesothelioma, like all types of mesothelioma, is caused by asbestos exposure. Though it can take many years for a patient to demonstrate symptoms of peritoneal mesothelioma, the cancer develops when the asbestos fibers become lodged in the spaces between the mesothelial cells.

A peritoneal mesothelioma diagnosis can leave patients and their loved ones confused and questioning what to do next. We offer a complimentary packet for peritoneal mesothelioma patients containing information about their specific diagnosis, treatment options and top doctors. To receive this packet overnight, click here .

Pleural Mesothelioma Cancer

Pleural mesothelioma cancer represents about 75 percent of all mesothelioma cases. This disease is caused by the inhalation of asbestos fibers, which then settle in the lungs. These asbestos fibers become imbedded in the lining of the lung (the pleura). Over time, they cause chronic inflammation that eventually leads to growth of cancerous tumors or, in some cases, asbestosis.

Pleural mesothelioma cancer normally appears as multiple tumor masses affecting the parietal surface (outside; further from the lung) and visceral surface (inside; closer to the lung) of the pleura. Typically, the parietal surface has greater involvement than the visceral. There is a slightly higher incidence of mesothelioma in the right lung , apparently due to the fact that the right lung is larger and has a greater amount of pleural surface area. Also, the lower lungs typically show more tumor masses than the upper lung. This is thought to be due to gravitational factors influencing how the asbestos fibers settle in the lungs after they have been inhaled.

Large growths in the pleura are normally noted in patients upon diagnosis. As the diseases progresses, these growths lead to a complete obliteration of the lung cavity. The tumors can spread from the lung pleura to other organs, including the heart and abdomen. Mesothelioma can also invade the lymph nodes and circulatory system.

Tumors unrelated to pleural mesothelioma also grow in the pleura. These tumors start in other parts of the body and metastasize to the pleura. The most common form of non-pleural mesothelioma cancer that occurs is lung cancer, representing about 36 percent of the cancer occurring in the pleura. The next most common forms are breast cancer (25 percent), ovarian cancer (5 percent) and gastric cancer (2 percent). Lymphoma also accounts for a small portion of cancers that metastasize to the pleura

Pleural Mesothelioma: Mesothelioma of the Pleura

Pleural mesothelioma is a disease that affects the lining of the lungs, or lung pleura. Sometimes doctors refer to this disease as mesothelioma of the pleura. It is a common misconception that mesothelioma is a type of primary lung cancer; it is not. Mesothelioma is a cancer of the serous membranes. These membranes enclose a number of organs throughout the midsection of the body, including the lungs. The most common type of mesothelioma, pleural mesothelioma, affects the serous membranes of the lungs.
Mesothelioma can also affect the serous membranes surrounding the abdomen, called peritoneal mesothelioma, and the membranes surrounding the heart, or pericardial mesothelioma. When mesothelioma spreads to the lungs from the serous linings of the lungs, abdomen or heart, it is considered secondary lung cancer. Also, pleural mesothelioma is sometimes referred to as an asbestos lung cancer. Technically, cancers that do not originate in the lungs are not considered lung cancer; thus, terms such as secondary lung cancer and asbestos lung cancer (pleural mesothelioma) are misleading. Asbestosis is a type of asbestos lung disease that does originate in the lungs and is often confused with mesothelioma.

How Does Asbestos Cause Pleural Mesothelioma?

In cases of pleural mesothelioma, asbestos exposure occurs via inhalation of asbestos fibers. Once these fibers have entered the lungs, they work their way to the pleural membrane, and the body experiences great difficulty in expelling the fibers. Over a long period of time - typically two decades or more - asbestos fibers cause changes in these pleural cells, which may cause scarring of the lungs and, eventually, the formation of tumors.

When pleural cells become cancerous, they are no longer regulated by the mechanisms that control division of normal healthy cells. They begin to divide continuously, and this causes thickening of pleural membranes. As a result, lung capacity is reduced, and fluid begins to build up between pleural layers

Treatment for Pleural Mesothelioma

The on-going development of new drugs and detection techniques is improving the outlook for patients with pleural mesothelioma. Since pleural mesothelioma is the most common form of the cancer, more research and knowledge about this type of mesothelioma is present to utilize when detailing a treatment plan.

In general, pleural mesothelioma patients have three options: surgery, chemotherapy and radiation therapy. Typically, patients will receive a combination of two or more of these types of treatment.

Understanding available treatment options is often very important to patients and their loved ones. We offer a complimentary informational packet detailing treatment options for pleural mesothelioma patients. Click here to receive your packet overnight or call 1-800-ASBESTOS to speak with a patient and family advocate available at no charge to answer questions and offer guidance.

Early detection of pleural mesothelioma can improve a patient's mesothelioma prognosis considerably, and these patients have more extensive treatment options. If the disease is diagnosed early enough, surgery to remove localized tumors, followed by chemotherapy or radiation therapy to kill any remaining cancer cells can be an effective treatment. Curative surgery candidates must be in a good general state of health, and their cancer must not have spread beyond localized sections of the lungs.

When mesothelioma is diagnosed before the cancer has greatly progressed, a patient is typically in the first stages of mesothelioma. Doctors typically address the seriousness of cancer in terms of stages ranging from one to four, with the level of the cancer’s progression increasing with each stage. Patients diagnosed with pleural mesothelioma in stage one or two generally have greater treatment options and a better prognosis.

According to some current studies, approximately 10 percent of all pleural mesothelioma patients will survive for three to five years following diagnosis, and about 5 percent will survive five years or more.

Pleural mesothelioma patients who are not diagnosed early enough for curative treatment have fewer treatment options, mostly limited to palliative treatments, designed to relieve pain and discomfort to improve a patient's quality of life, rather than their prognosis. Palliative treatments include removal of built-up fluid from the pleural spaces, and surgical removal of tumors to relieve pressure on the lungs

Symptoms of Pleural Mesothelioma

Once trapped in the body, asbestos fibers cause cancerous cells to divide abnormally, resulting in the thickening of the pleural membrane layers and mesothelial cells, causing build-up of fluid (called pleural effusion). The fluid begins to put pressure on the lungs and the respiratory system in general, preventing normal breathing. Symptoms of pleural mesothelioma are largely caused by these developments and may include the following:

Persistent dry or raspy cough
Coughing up blood (hemoptysis)
Difficulty in swallowing (dysphagia)
Shortness of breath that occurs even when at rest (dyspnea)
Persistent pain in the chest or rib area, or painful breathing
Development of lumps under the skin on the chest
Night sweats or fever
Unexplained weight loss
Fatigue

Pleural Mesothelioma Diagnosis

As with other types of mesothelioma, pleural mesothelioma is difficult to diagnose since symptoms do not typically arise for some time after initial asbestos exposure occurs. Additionally, since the symptoms of pleural mesothelioma are typical of many illnesses, in the early stages of the cancer the symptoms are often mistaken for less threatening diseases such as influenza and pneumonia.

A pleural mesothelioma diagnosis is made partly on the basis of symptoms but additional diagnostic tests are needed to confirm the presence of cancer. Following a medical history review and physical examination, patients must typically undergo imaging tests, such as x-rays or CT scans, to confirm the location of cancer. A patient must also usually endure fluid and tissue tests, also known as biopsies, to confirm the type of cancer involved.

Pleural Mesothelioma

Pleural mesothelioma is the most common type of mesothelioma, a rare cancer that develops in the mesothelial cells that make up the mesothelium, a membrane that lines many of the body’s organs and cavities. In the case of pleural mesothelioma, the cancer develops in the lining of the lungs, called the pleura or pleural membrane.

Malignant Pleural Mesothelioma Succeptablility by Country.
The pleura is comprised of two layers which provide support and protection for the lungs and chest cavity. The outer layer, or the parietal layer, lines the entire chest cavity and the diaphragm. The inner layer, or visceral layer, covers the lungs. Pleural mesothelioma typically develops in one layer, but can metastasize, or spread, to the other layer.
Like all mesothelioma cancers, pleural mesothelioma is caused by asbestos exposure and develops when the toxic asbestos fibers become trapped in the spaces between the mesothelial cells.

Asbestos.com offers pleural mesothelioma patients and their loved ones a comprehensive packet including information about various treatment options and top doctors to help those diagnosed understand their condition and applicable treatment options available. To receive this complimentary packet, please click here or call 1-800-ASBESTOS.

Asbestos-Related Litigation

A number of significant asbestos cases have been decided by the U.S. Supreme Court in Washington D.C.

Norfolk & Western v. Ayers: Among the most recent of these was a 2003 ruling by the Supreme Court in a West Virginia case (Norfolk & Western v. Ayers) that six railroad workers suffering from asbestosis were allowed to recover ?pain and suffering' damages due to the mental anguish created by the fear of developing cancer or mesothelioma by their current diagnoses. In the same case, the Supreme Court decided that Norfolk & Western could be held responsible for the entire amount of the judgment even though the negligence of other employers and parties not named in the suit may have jointly contributed to the disability.

Amchem v. Windsor: The landmark 1997 Supreme Court decision upheld a lower court's decision overturning a nationwide class action settlement that would have established a commission to pay past and future asbestos-related claims against twenty different defendants. That settlement would have denied the right of future claimants to bring suit against any of the named defendants. The Supreme Court held that the 'class' formed was not a legitimate class as it was too divergent, and the settlement was contrary to the interests of many of those represented.

Environmental and Occupational Safety Regulations

The District of Columbia enacted legislation in 1998 requiring certification and registration for contractors and professionals who deal in asbestos abatement. Violations are taken very seriously, and will lead to fines, penalties and possibly even jail time or probation. Environmental asbestos concerns are handled by the District Department of the Environment. DDOE penalties for violation of air quality standards can be as high as $10,000 a day per violation for failure to comply with administrative directions.

In one of the most infamous incidents of the past decade, 10 men who work in the tunnels underneath the Capitol building revealed that they were told back in 1998 about extremely high levels of asbestos in the tunnels in which they work. Though the government knew about the conditions back in 1998, the men were not actually provided with necessary safety equipment until 2006, and they are still waiting for the promised asbestos abatement and removal actions. Nine of the ten workers already show compromised lung function that is characteristic of asbestosis and other related asbestos damage. In addition, all of the men express concerns about having carried asbestos fibers home to their families. A Washington D.C. mesothelioma lawyer is currently preparing a lawsuit on their behalf which could promise to be one of the most influential asbestos lawsuits in D.C. history.

District of Columbia Mesothelioma Lawyer and Legal Information

Washington, D.C., the nation's capital, has been the venue for a number of groundbreaking mesothelioma cases, largely because it is home to the United States Supreme Court. There have been asbestos cases decided in the Washington D.C. district court as well, though they are not as well-publicized. The District of Columbia decides awards based on pure contributory negligence and common law joint and several liability. This is both good and bad news for possible plaintiffs, and anyone with a possible asbestos suit in the District of Columbia should discuss their case with an experienced District of Columbia mesothelioma lawyer to decide on the most favorable course of action for their case.

About Mesothelioma

Mesothelioma is a rare cancer in the general population. However, in individuals that were exposed to asbestos, it is not as rare. That’s because the only known, established cause of mesothelioma is asbestos. There are experts that have speculated on other causes. There are incidences of mesothelioma with no known asbestos exposure. However, that does not mean that there was no exposure. The right questions have to be asked. The person asking the question has to be familiar with the uses and applications of the asbestos products. There are many examples where inadequate occupational histories were taken and potential exposures were not investigated.

Mesothelioma is not a lung cancer. It is not caused by smoking. It is a cancer of the mesothelial cells. The asbestos fibers are breathed in, travel through the lung and become lodged in the pleura, the thin, Saran Wrap-type membrane that lines and encases the lung. The pleura produces a special lubricating fluid that facilitates the ability of the lungs to move inside the chest during breathing. The process of irritation from the infiltration of the asbestos fibers creates changes in the cells which causes the mesothelioma. This is known as pleural mesothelioma. Less common is peritoneal mesothelioma, which is a cancer of the membrane that encompasses the lining of the abdomen.

In a typical case, an individual with mesothelioma will experience chest pain (usually caused by a build-up of fluid in the pleural space called an effusion) and shortness of breath. Since many doctors, even pulmonologists, may not have expertise in the area of asbestos-related diseases, these symptoms are often considered, at first, to be attributable to other medical problems. A biopsy of the pleural tissue or fluid may reveal the cancer of the mesothelial cells and a proper diagnosis can be established. A history of the individual’s occupational exposure will in most instances be taken. The patient may or may not recall the precise nature of his exposure to asbestos. Since there is no “safe” level of exposure to asbestos. even brief, low level exposures may be enough to cause mesothelioma.

Mesothelioma is an aggressive cancer that strikes over 3000 individuals per year. The incidence of mesothelioma is actually increasing. That is because of the long latency period associated with this asbestos-caused cancer, i.e. the time between the exposure to asbestos and the onset of the disease, is typically at least 10 years and as many as 60 years after exposure. That means that a worker in a factory or shipyard or otherwise exposed in the 1940’s or 1950’s may not experience any symptoms of mesothelioma until this year. Click here for the occupations and activities that placed people at risk for exposure to asbestos.

For the workers who contract mesothelioma and their families, the course of this asbestos-caused cancer is devastating. If you don’t know if you have mesothelioma, and want to identify a doctor specializing in asbestos-related injuries in New York State or in other locations, click here. If you have been diagnosed with mesothelioma, and want to explore mesothelioma treatment options, please click here.

There is presently no known cure for mesothelioma. As the disease progresses, the cancerous cells harden the pleura and spread. As time passes, breathing, sleeping and eating become more difficult. It becomes increasingly more challenging for the victim to engage in normal activities and enjoy life.

A number of treatments may be available to help contain the spread of the disease and reduce the pain associated with it. Chemotherapy, radiation and radical surgery to remove the lung and/or pleura are among the options that will be explored by the treating physician.

This disease was preventable. Many of the corporations that manufactured and profited from the sale of asbestos-containing products were aware of the hazards of asbestos. They were aware or could have been aware as early as the 1920’s. Alternative fibers were available in the 1920’s that could have been used instead of asbestos. But asbestos was cheap, and available, and was a good filler and binder. Notwithstanding the deadly hazards of this fiber, corporations chose to rip asbestos out of the earth and recklessly use it in products from the 1920’s through the 1970’s and 1980’s, until most of these products were banned in the United States and abroad. The manufacturers did not warn workers exposed to the asbestos in their products until, at the earliest, the mid-1960’s and the warnings were terribly inadequate. The result is that many Americans have unnecessarily and tragically contracted asbestos-related diseases such as mesothelioma, lung cancer, other cancers and asbestosis, a scarring of the lung or pleural tissue.

The large settlements and verdicts associated with mesothelioma cases are not accidental. Jurors who have the opportunity to review the internal documents of these manufacturers and sellers of these products are outraged by the actual knowledge of these corporations and access to knowledge about the hazards of asbestos.

Utah Asbestos Litigation

The Utah courts have recently made some interesting decisions that affect how asbestos cases are handled in Utah, including decisions regarding medical criteria for establishing impairment and punitive damages. Jury verdicts in Utah cases are generally lower than those seen in jurisdictions that have high asbestos trial traffic.

2007 - Carbaugh v. Asbestos Corporation et al: The Supreme Court of the State of Utah heard an appeal from plaintiffs whose case was dismissed on a summary judgment because the doctor who was engaged as an expert witness was not licensed to practice medicine in Utah. The Supreme Court reversed the ruling and allowed the case to go forward, stating that lower court had erred when it determined that the medical expert had practiced medicine without a license in Utah.

1993 - Hansen v. Mountain Fuel Supply Co.: Five workers were exposed to asbestos while working at Mountain Fuel. They filed suit alleging worry and anxiety over future cancer entitled them to damages for negligent infliction of emotional distress. The case was dismissed by a trial court, but reversed upon appeal by the Utah Supreme Court, which stated that individuals bringing an NIED claim must show evidence that their emotional distress was severe along with meeting 8 different criteria in order to seek a settlement against a defendant for possible future medical costs.

Determination of Liability

Utah courts follow a modified comparative liability - 50% rule in determining whether to award damages in a case involving asbestos liability. Under the 50% modification, a plaintiff can only recover damages if they are judged to be 49% or less responsible in causing their own injuries. If the plaintiff is determined to be 50% or greater responsible for their own injuries, they recover no damages. In cases where the plaintiff is judged to be partly at fault but less than 50% at fault in their own injuries, any damages determined by the jury are reduced proportionate to the percentage of fault. In other words, in a case where the plaintiff is determined to be 30% at fault and the damages are judged to amount to $100,000, the plaintiff can recover $70,000.

The courts in Utah follow a pure several liability approach in apportioning damages in cases with multiple defendants. Under a pure several liability approach, each defendant is assigned a portion of the fault in causing the plaintiff's injury, and is only responsible for the portion of the damages that corresponds to their percentage of the fault. For instance, in a case where damages of $100,000 are awarded, and company A is 25% responsible while company B is 75% responsible, company A will be responsible for $25,000 of the judgment and company B for $75,000.

Utah allows punitive damages under common law principles.

Utah Mesothelioma Lawyer and Legal Information

Utah Senator Orrin Hatch has been a proponent of asbestos litigation reform for years. The bill co-sponsored by Hatch in 2003 was widely criticized for short-changing victims of asbestos exposure to benefit major corporations who were responsible for the exposure. The bill would have established a fund to pay out benefits to those who were affected by asbestos on a limited schedule of payments. The trust would be funded by contributions from many of the companies that have been targeted as defendants in asbestos and mesothelioma lawsuits.

Hatch's home state, Utah, is not currently facing an asbestos litigation crisis. In fact, there are currently no asbestos personal injury or product liability suits in the Utah trial courts, though there have been suits in the past. This is despite the fact that Utah is home to a site that processed vermiculite from the asbestos-contaminated W.R. Grace mine in Libby, Montana. In 2004, the EPA warned that asbestos contamination in the area surrounding the Utah site could possibly put nearby neighbors and passers by at risk of asbestos exposure. Those exposures may engender lawsuits or class action suits in the future.

Mesothelioma And Asbestos

Mesothelioma And Asbestos Information & Lawyers In Utah
Anyone looking to claim compensation for asbestos related cancer in the Utah area will need to hire the services of an experienced and specialized Utah mesothelioma lawyer or attorney. Asbestos related cancer, known as mesothelioma, can affect the heart, lungs, or abdominal region, and due to its long latency period, this form of cancer can take decades to develop. Once it is developed, it can reduce the lifespan of the victim to just a few months. There is currently no cure available for mesothelioma.

Many different industries in the Utah area used asbestos in a variety of applications in the past. This was a material that was cost effective, had a high level of heat and fire resistance, and was very versatile. Many people in the Utah area worked with asbestos and asbestos products in these various industries over the years, and some may have handled and exposed themselves to asbestos for many years and at very high levels.

In the 1980s, it became widely known that asbestos was a very dangerous substance that could result in a wide range of health related problems, including scarring of the lungs and respiratory problems. It was also discovered that exposure to airborne asbestos dust and fibers over a long term or at very high levels could result in a form of cancer known as mesothelioma. For the many people who had already spent many years working with asbestos with no protection against this exposure, this news came too late.

Anyone who has developed mesothelioma as a result of asbestos exposure in Utah may be entitled to claim compensation and should seek the assistance of an experienced Utah mesothelioma lawyer or attorney. If you have lost a loved one to this cancer, you may also be able to file a claim, and you should speak to a specialized Utah mesothelioma lawyer or attorney. It is important to contact a Utah mesothelioma lawyer or attorney early on so that you don’t exceed the statutes of limitation in place in Utah

Source:http://www.lawcore.comesothelioma-andm/-asbestos/utah/

Nevada Mesothelioma Lawyer

Nevada, despite having a high number of asbestos exposure sites, has been the venue of very few high-profile cases involving asbestos-related diseases like mesothelioma. There are many reasons for this, including a low cap on punitive damages. In addition, many of the claims against certain Nevada companies are handled by the Western Asbestos Trust, set up to handle claims against three companies.

In some cases, plaintiffs who were injured in Nevada have chosen to file suit in other jurisdictions. This was the case for a Nevada man who was exposed to asbestos on various job sites throughout Nevada and northern California. The courts awarded him a judgment of $3.5 million against three companies. A fourth company named in the suit was judged in default as an inactive corporation. Under Nevada law, an inactive corporation is still liable for actions arising from its active years, so the court entered a judgment of $2.6 million against the court which must be paid by the insurer that covered it for legal actions during its active years.

Determination of Liability
Nevada state law uses a modified comparative liability - 50% rule for determining negligence. Under this modified comparative liability system, a plaintiff who is partially at fault for his or her own injuries can still recover damages as long as their fault in causing the injury does not exceed 50%. In a case where a plaintiff is judged to be at fault but less than 50% at fault any damages awarded are reduced by the percentage of fault carried by the plaintiff. In other words, if a jury determines that a plaintiff is 25% at fault in his or her own injuries, and that the amount due for the damages is $100,000, the plaintiff award for compensation will be $75,000.

Under Nevada state law, cases with multiple defendants are decided following a modified joint and several liability approach. In most cases, the defendants are subject only to several liability, where each defendant is only liable for damages in proportion to their share of the fault. However, under certain conditions, defendants may be subject to joint and several liability, where each defendant can be held wholly liable for the entire judgment. Among the conditions that call the joint and several liability rule is any case that involves toxic substances such as asbestos.

Nevada law also limits punitive damages levied on defendants. First, the plaintiff must present clear and convincing evidence that the defendant is guilty of oppression, fraud or malice, either express or implied. In addition, the amount of punitive damages is capped at three times the compensatory damages if the damages are greater than $100,000, or $300,000 if the compensation is less than $100,000. This cap does not apply in product liability cases, but only an experienced Nevada mesothelioma lawyer can decide if your case qualifies as a product liability or other type of personal injury lawsuit

Nevada Asbestos Litigation
One important and high-profile case involved a Nevada man who had worked for Nevada Power of Las Vegas between 1957 and 1964. During this time, the man worked at several of the company's power stations, as a plant operator. The plaintiff was involved in the supervision of plant shutdowns, in which repairs and maintenance of boilers was a common duty. The boilers contained asbestos, and the case was settled at a value of more than $2 million.

2007 - Ham v. four corporations: Franklin Ham brought suit against four Nevada and northern California defendants, alleging that he had been exposed to asbestos constantly in his job as a union pipefitter at various job sites in northern California and Nevada. Despite the fact that one of the companies was inactive, the jury entered a judgment in favor of the plaintiff against all defendants.
Verdict: Plaintiff, total of $6.1 million

mesothelioma attorney nevada

Asbestos in Nevada

In its frontier period, Nevada was known for its boom-and-bust mining towns that grew up overnight around silver strikes and rumors of gold veins in the northern mountains of the state. There has never been an asbestos deposit found however and the state has never had an asbestos industry per se. What it has had is the collection of enormous hotels and casinos that have sprung up in Las Vegas over the last sixty years. Many of the earlier structures no doubt were insulated with asbestos. Many of them also had their own power plants in the earlier days in Las Vegas; today the state has an inordinate number of power plants that service Las Vegas’ insatiable needs.

There are a couple of military installations in Nevada; those facilities are always suspect for asbestos because they are self contained in many instances, with power generation facilities. Asbestos was used to insulate older barracks and could be found in the maintenance facilities for both vehicles and aircraft.

There aren’t a lot of Nevadans that worked on those early hotels, but those that did may still be in danger of an asbestos-related health problem. The medical danger of asbestos comes from inhaled asbestos fibers that lodge in the lung or in the lining of the lung, or collect in other areas of the body’s abdominal and chest cavities. There is a remarkably long period of latency between exposure to asbestos and symptoms of resultant diseases. Malignant mesothelioma is a fatal, incurable cancer that may surface twenty years or more after asbestos exposure. Asbestosis, while not always fatal, is a scarring of lung tissue by the asbestos fibers that causes reduction of lung capacity and a persistent cough. It too is incurable.

If you or a relative has been on a construction, remodeling or maintenance crew at any of the locations listed below, a discussion with the family doctor about the potential damage of asbestos exposure is in order. If you are suffering from an asbestos related disease, get in touch with one of our experienced attorneys to get an analysis at no charge of the compensation that you are owed by the asbestos companies.

STAUFFER CHEMICAL PLANT HENDERSON NV
TITANIUM CHEMICAL CO HENDERSON NV
INDIAN SPRINGS AIR FORCE BASE INDIAN SPRINGS NV
CLARK COUNTY POWER HOUSE LAS VEGAS NV
CLARK STATION POWERHOUSE LAS VEGAS NV
INTERNATIONAL HOTEL LAS VEGAS NV
LAS VEGAS VAN & TRANSFER SIDING LAS VEGAS NV
MGM HOTEL LAS VEGAS NV
NELLIS AIR FORCE BASE LAS VEGAS NV
NORTH Las Vegas SHOPPING CENTER LAS VEGAS NV
SAHARA HOTEL LAS VEGAS NV
SOUTHERN NEVADA PUBLIC SERVICES LAS VEGAS NV
UNIVERSITY OF NEVADA LAS VEGAS M
LAUGHLIN AIR FORCE BASE - NEVADA POWERPLANT LAUGHLIN NV
SOUTHERN CALIFORNIA EDISON - MOHAVE STATION LAUGHLIN NV
POWER PLANT LOFTON NV
NEVADA POWER COMPANY - REID GARDNER STATION MOAPA NV
BELL TELEPHONE BLDG - RENO FEED AND SEED SPUR RENO NV
CONVENTION CENTER - RENO FEED AND SEED SPUR RENO NV
PROCTER HUG HIGH SCHOOL RENO NV
RENO FEED AND SEED SPUR RENO NV
SIERRA PACIFIC POWER CO RENO NV
SIERRA PACIFIC POWER COMPANY RENO NV
STATE PRINTING OFFICE - RENO FEED AND SEED SPUR RENO NV
WELLS FARGO DOCK RENO NV
WELLS FARGO DOCK - BELL TELEPHONE RENO NV
FORELAND REFINING TONOPAH NV
VALMY POWER PLANT VALMY NV
SIERRA PACIFIC POWER CO - WABUSHA NV
SIERRA PACIFIC POWER CO YERINGTON NV

Asbestos Fatalities in Nevada

Between 1979 and the year 2000, Nevada had up to 198 residents who succumbed to either asbestosis or mesothelioma cancer. There is no accurate figure because some deaths that were reported as lung cancer were probably cases of lung cancer that was secondary to mesothelioma cancer, which can cause lung tumors when it is in its latter stages.

In 1999 the federal government began to keep track of mesothelioma deaths on an annual basis. In Nevada between 1999 and the end of 2004 there were 99 deaths recorded from mesothelioma. Experts believe that the annual mesothelioma cancer death rate will not begin to recede for several more years, even though asbestos products have been off the market since the end of the 1980s.

Cancer Treatment in Nevada

Nevada Cancer Institute

Elko Office
2596 Idaho Street
Elko, NV 89801
Phone (775) 738-4673
Fax (775) 753-4677

Fallon Office
2125 W. Williams Avenue
Fallon, NV 89406
Phone (775) 423-7060
Fax (775) 423-3610

Sparks Office
1301 N. McCarran Blvd., Suite 101
Sparks, NV 89431
Phone (775) 356-8800
Fax (775) 356-8808

Las Vegas Office
One Breakthrough Way
Las Vegas, NV 89135-3010
Phone (702) 822-LIFE
Fax (702) 944-2379

USC/Norris Comprehensive Cancer Center
University of Southern California
1441 Eastlake Avenue
Los Angeles, California 90089
Tel: (323) 865-0816
Fax: (323) 865-0102

UCSF Helen Diller Family Comprehensive Cancer Center
University of California San Francisco
2340 Sutter Street, Box 0128
San Francisco, California 94115-0128
Tel: (415) 502-1710
Fax: (415) 502-1712

Source:http://www.asbestosnews.com/asbestos-areas/nevada.html