Asbestos can cause both lung cancer and mesothelioma, which is characterized as a malignant growth in the mesothelium. Mesothelioma can be divided into three types, depending on the location of the tumor. It can occur in the pleural cavity (pleural mesothelioma), abdomen (peritoneal mesothelioma) or the membrane surrounding the heart (pericardial mesothelioma.) In addition to mesothelioma, asbestos has been linked to the development of several carcinomas including small cell carcinoma, bronchogenic carcinoma, and large cell carcinoma. Additional types of carcinomas associated with asbestos exposure include adenocarcinoma, non-small cell carcinoma, oat cell carcinoma and squamous cell carcinoma.
Asbestos is the primary cause of mesothelioma and a contributing factor in various types of carcinoma. Therefore, if you or a loved one has been diagnosed with any of these diseases, there is a strong chance asbestos led to its development, especially if you have a history of asbestos exposure.
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EDITH BECKER V BARON BROTHERS - NJ
In October 1984, Albert Becker was diagnosed as suffering from mesothelioma, a rare form of incurable cancer that affects the pleural membrane, the layer of cells surrounding the lungs and chest cavity. Albert and his wife, Edith, filed a strict-liability, toxic-tort lawsuit in November 1985, alleging that the various miners, manufacturers, and sellers of certain asbestos products had caused Albert's personal injuries and damages because of Albert's exposure to those products. Albert died of mesothelioma during the course of this litigation and Edith thereafter added a wrongful-death claim to the complaint.
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AP GREEN REFACTORIES OWENS CORNING FIBERGLASS CORP - NJ
In separate appeals, which we have consolidated, defendants Owens-Corning Fiberglas Corporation (OCF) and Owens-Illinois, Inc. (OI) seek reversal of Law Division judgments, following a trial by jury, awarding plaintiffs Charles Kurak (plaintiff) and his wife, Priscilla Kurak, damages in this personal injury, products liability action.
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OWENS-ILLINOIS V UNITED INSURANCE COMPANY - NJ
Between 1948 and 1958 Owens-Illinois, Inc. (O-I) manufactured and distributed Kaylo, a thermal insulation product containing about fifteen percent asbestos. Between 1948 and 1963, O-I was self-insured, choosing to bear the risk of any product liability loss itself. From 1963 to 1977, O-I was insured under excess indemnity insurance policies issued by Aetna Casualty and Surety Co. (Aetna). In 1975, Owens Insurance Limited (OIL) was established as a captive insurance company to provide O-I with reinsurance and loss prevention services. OIL was a subsidiary of O-I and was managed by American Risk Management.
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SULLIVAN & others vs. CHIEF JUSTICE FOR ADMINISTRATION AND MANAGEMENT OF THE TRIAL COURT - MA
The thrust of the plaintiffs' complaint is that, as a direct result of the CJAM's conduct, they have suffered significant exposure to *17 asbestos, a highly toxic substance. On April 18, 2006, the plaintiffs filed their first amended complaint (complaint) in the Supreme Judicial Court for Suffolk County seeking declaratory and equitable relief, or, in the alternative, petitioning the Supreme Judicial Court to exercise its powers of general superintendence under G. L. c. 211, § 3. Additionally, the plaintiffs' complaint alleges claims for nuisance, assault and battery, and violations of environmental laws.
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Porter Hayden Company - NJ
Plaintiff, Kazimierz Lapka, was employed by the Essex Chemical Corporation in Sayreville from 1967 to 1984. He worked as a chemical operator and hot-melt operator, both positions requiring him to mix a liquid with pigment and asbestos powder in the manufacture of paneling glue. During the course of his employment, Lapka was exposed to finished and unfinished asbestos products, dust, particles, fibers, and other hazardous substances.
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Owens-Illinois Inc - NJ
Plaintiff Anthony Olivo worked as a steamfitter/welder from 1947 until he retired in 1984. He was hired by several independent contractors to work at various sites in New Jersey. One such site was Exxon Mobil’s refinery in Paulsboro, New Jersey. During the course of his career, Anthony worked around asbestos-containing materials, including pipe covering and gaskets.
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OWENS-CORNING FIBERGLASS CORPORATION - NJ
Plaintiff brought this action to recover damages for the illness and death of her husband Frank Thalman, resulting from a malignant mesothelioma, a rare and fatal cancer of the lining of the lungs caused by exposure to asbestos. Plaintiff sued thirty-one manufacturers of asbestos-containing products, but proceeded to trial only against Owens-Corning Fiberglas (Owens).
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Bessemer Processing Co Inc - NJ
Decedent, Walter James, was employed by Bessemer Processing Company, Inc. (Bessemer) for twenty-six years. Bessemer, a wholly-owned subsidiary of Kingsland Drum and Barrel, was engaged in the cleaning and reconditioning of used and empty fifty-five gallon drums for further use by the petroleum industry and certain other chemical manufacturers. Kingsland sent to Bessemer drums that had residue that was more sticky and viscose, requiring incineration, blasting and/or recontouring.
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ANTHONY OLIVO v EXXON MOBIL CORPORATION - NJ
This appeal is from a summary judgment dismissing a survival and wrongful death action filed by plaintiff Anthony Olivo on his own behalf and on behalf of his deceased wife, Eleanor Olivo ("decedent"), against thirty-two named defendants that manufactured, supplied or installed asbestos products, or owned premises where asbestos products were used.
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GREGORY FAYER VS KEENE CORPORATION - NJ
From approximately 1969, when plaintiff Gregory Fayer was eighteen years old, until some time after 1976, he worked at jobs where the air was heavy with microscopic asbestos fibers from insulation materials that contained asbestos. Inhaling the asbestos fibers injured his lungs. He sued seventeen of the companies which manufactured and sold products containing the asbestos to which he was exposed.
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PUBLIC SERVICE ELECTRIC and GAS COMPANY - NJ
Petitioner Arthur Brock appeals from an order entered in the Division of Workers' Compensation denying his motion for certain discovery documents and dismissing his claim petition on the ground that he failed to prove his employer, respondent Public Service Electric & Gas Company (PSE&G) had knowledge of his asbestosis condition in the context of N.J.S.A. 34:15-33. Brock appeals arguing that additional discovery would have established facts sufficient to show that PSE&G had knowledge of his condition
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PORT AUTHORITY OF NEW YORK and NEW JERSEY - NJ
In this FELASee footnote 1 case, the jury found that defendant Port Authority Trans-Hudson Corporation (PATH)'s negligence and plaintiff Vasilios Kapsis' cigarette smoking were both proximate causes of his asbestosis and of his laryngeal cancer. The jury determined that Mr. Kapsis' total damages were $3,000,000 for pain and suffering and $732,000 for lost wages
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LAC d AMIANTE du QUEBEC - NJ
Plaintiff commenced this action against Lac d'Amiante du Quebec, Ltee (Lac d'Amiante), Rapid American Corporation (Rapid American) and The St. Paul Travelers Companies, Inc. (Aetna). Lac d'Amiante and Rapid American mined, manufactured and supplied asbestos products to plaintiff's employer, Owens Corning Fiberglas Corporation (Owens Corning).
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FRANCISCO VARO VARO et al v OWENS-ILLINOIS INC - NJ
Plaintiffs are fifteen lifelong Spanish nationals and residents, each of whom brought suit in New Jersey asserting product liability and breach of warranty claims arising from injuries allegedly suffered by exposure to asbestos while working aboard United States naval warships docked at either the jointly owned U.S.-Spanish military installation in Rota, Spain, or neighboring private shipyards in Cadiz
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WALTER MILOS V EXXON CO USA - NJ
Walter Milos worked for Exxon Corporation, USA (Exxon) from 1937 until his retirement in 1978. During that time, Milos was exposed to dust, fumes, chemicals and asbestos. In April 1985, seven years after his retirement, Milos filed a workers' compensation claim petition for disability from asbestos exposure.
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STATE OF NEW JERSEY DIVISION OF BUILDINGS AND CONSTRUCTION - NJ
After competitive bidding, the Division of Building and Construction (DBC) See footnote 1 entered into a contract with plaintiff in May 1996 for removal of asbestos on the first through fourth floors of the Labor Building in Trenton. The amount of the contract was $1.6 million, and the project was required to be completed in 460 days.
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RAPID-AMERICAN CORPORATION - NJ
In September 1993, Josephene began this suit for damages following the death of her husband Jesse from lung cancer. She joined only one defendant, Rapid. In 1998, Rapid filed a motion for summary judgment. It argued that her suit was barred under the terms of a release executed by Josephene and Jesse in 1990 in conjunction with the settlement of their claim for damages for Jesse's asbestosis.
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RCA - GENERAL ELECTRIC CORP - NJ
The facts are largely undisputed. In 1958, petitioner Henry Walsh began working for respondent RCA/General Electric Corp. (RCA/GE) as a maintenance mechanic and electrician. During his employment, petitioner was exposed to a myriad of chemicals and substances, including asbestos.
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JONES V OWENS-CORNING FIBERGLAS CORPORATION - NJ
Plaintiff Anna M. Jones, Individually and as Administratrix Ad Prosequendum of the Estate of Clayton C. Jones, appeals the dismissal of her complaint seeking damages attributable to the death of her husband as a result of colon cancer allegedly caused by exposure to asbestos.
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Aguirre v Long Is Rail Rd Co - NY
Defendant Long Island Railroad Company (the LIRR) moves, pursuant to CPLR 4404, for (1) an order granting judgment in its favor notwithstanding the jury verdict and dismissing the complaint against it on the ground that the plaintiffs failed to prove, at trial, a prima facie case that their alleged exposure to toxic substances, including asbestos, while employed by the LIRR caused them to develop chronic obstructive pulmonary disorder
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LAGRONE V AADG INC et al - DE
Mr. Lagrone regularly would cut into the doors to install windows, vents or custom door handles. He alleges that he was exposed to asbestos, a component part of some fire-resistant and sound-resistant doors, when he would perform these modifications. He furth er alleges th at this exposure was a proximate cause of his mesothelioma.
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GEORGIA-PACIFIC CORPORATION - MD
After concluding that Lisa Pransky contracted mesothelioma from her exposure to an asbestos-containing joint com pound manufacture d and d istributed by petition er, Georgia-Pacific Corporation, a jury in the Circuit Court for Montgomery County awarded Ms. Pransky and her husband damages of $9,188,000.
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GLENN MILLER v FORD MOTOR COMPANY - MI
Plaintiffs filed suit in Texas against defendant, alleging that the decedent contracted mesothelioma from washing the work clothes of her stepfather who worked for independent contractors who were hired by defendant to reline the interiors of blast furnaces with materials that contained asbestos. A jury found in Michigan Supreme Court
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Lamphere v Consolidated Rail Corp - NA
On February 28, 1998, Fred Lamphere instituted this lawsuit against Conrail (See footnote 2) alleging that during the course of his employment with the railroad he worked around products containing asbestos which caused him to develop mesothelioma, an asbestos- induced cancer. Trial commenced on September 22, 1998, and lasted almost three weeks.
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Hamilton v Asbestos Corp - CA
In this case we determine primarily whether a special statute of limitations for injury or illness caused by exposure to asbestos ( Code Civ. Proc., § 340.2) bars an action for a certain asbestos-related disease brought by a worker who retired before suffering a disability as defined by the statute. The Court of Appeal held the action was barred because the plaintiff had brought an earlier action against the same defendant for a different disease arising from the same asbestos exposure.
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THE CELOTEX CORPORATION V JEAN NANCE - FL
The court in Locke stated that under Virginia law the statute of limitations begins to run from the date of injury, or damage, rather than the date of the last exposure to asbestos. Injury or damage would have to be proved by medical evidence, but the court stated that injury would likely occur when the disease (mesothelioma) first manifested itself or it was diagnosed, whichever occurred earlier. The court specifically declined to adopt a "discovery" rule, under which the statute of limitations
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ROBBINS V WAKE COUNTY BOARD OF EDUCATION - NC
In 1988, pursuant to the Asbestos Hazard Emergency Response Act, a survey was performed at the Devereaux Street facility. The result of the survey revealed the building contained substantial amounts of asbestos, including in the ceiling plaster, wall plaster, floor tile, pipe insulation in the boiler room and print shop, vibration dampers of the heating system, and numerous other areas. The building contained a significant amount of asbestos that was damaged and in friable condition.
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Hoskins v Business Mens Assurance - MO
In the early 1960s, a fire retardant consisting of 60 percent asbestos fibers was applied to the structural steel of a building owned by Business Men's Assurance (BMA). Forest Hoskins began working as an operating engineer in the building about 15 years later and continued working there until 1999, when he was diagnosed with demoplastic mesothelioma, a form of cancer associated with asbestos exposure.
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Robertson V EI DuPONT de NEMOURS and COMPANY - VA
Lena Robertson, widow of Charles Robertson, appeals the denial of her claim for temporary total benefits, Code § 65.2-500, and the award of permanent partial benefits for Stage I asbestosis based on Mr. Robertson's average weekly wage when he last worked, twenty-six years earlier, Code § 65.2-503(B)(17)(a). For the following reasons, we affirm.
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EX REL PILKINGTON NORTH AMERICA v INDUSTRIAL COMMISSION OF OHIO - OH
In 2003, Stein was diagnosed with mesothelioma, and in 2005, his occupational-disease claim was allowed against the self-insured risk under the “last-injurious-exposure principle.” Because Pilkington was the successor to LOF’s self-insured claims, Pilkington was named the amenable employer.
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Burns International Services Corporation v Flores - TX
Nearly ten years ago, we observed that asbestos litigation had reached maturity. In re Ethyl Corp., 975 S.W.2d 606, 610 (Tex. 1998). Even mature claims evolve, however, and courts have continued to struggle with the appropriate parameters for lawsuits alleging asbestos-related injuries.[1] While science has confirmed the threat posed by asbestos, we have not had the occasion to decide whether a person’s exposure to “some” respirable fibers is sufficient to show that a product containing asbestos was a substantial factor in causing asbestosis
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Bunch V Dow Chemical Company - CO
Decedent worked at the Rocky Flats Nuclear Weapons Plant from 1957 until 1973, when he was laid off. At the time of the layoff, Rocky Flats was managed by Dow Chemical. Decedent was a sheet metal worker and experienced heavy occupational exposure to asbestos on the job. He was not exposed to asbestos in any later employment.
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Tester V American Standard Inc - MN
Appellant Thomas Tester worked as a pipe-coverer for 30 years. During this time, he worked with, and was exposed to, asbestos. As a result of this exposure, he contracted mesothelioma, a terminal cancer. Tester brought a products liability action against various asbestos manufacturers and suppliers. Most settled or were voluntarily dismissed, but remained on the special verdict form.
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Sopha V Owens-Corning Fiberglas Corporation - WI
In March 1987, Robert Sopha and his wife Margaret filed a complaint in the Circuit Court for Milwaukee County seeking damages for injuries to Robert’s lungs allegedly caused by exposure to asbestos. The action was dismissed “on the merits and with prejudice.”2 ¶3 The plaintiffs commenced this action in March 1997, alleging that Robert Sopha had been diagnosed with mesothelioma,a malignant condition allegedly caused by exposure to asbestos.
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PEEK V SKW - CLINTON PACIFIC ASSURANCE COMPANY - AK
Joe Peek worked as a pipefitter and plumber for almost 45 years in California, New Mexico, Arizona, Nevada, Idaho, and Alaska. Throughout his career he was exposed to asbestos in the work place. His last three employers were all located in Alaska: Fluor Alaska, from 1975 to 1977; SKW/Clinton, from August 1977 to January 1978; and Litwin Corporation, from July 1980 through December 1980. In April 1986, Peek was hospitalized with shortness of breath and chest pain.
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FOSSEN V MIDAMERICAN ENERGY COMPANY - IA
Roger Van Fossen claims that while working on or near the Port Neal generating units he was exposed to various asbestos-containing products, and that he carried asbestos dust home on his work clothes. He alleges that his wife contracted peritoneal mesothelioma, an incurable and fatal form of lung cancer, as a result of washing his work clothes.
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PARRISH V OWENS-CORNING FIBERGLAS CORP - KY
Plaintiff/appellant, James Coyle, began working for Louisville Gas & Electric ("LG&E") in 1969. Coyle primarily worked outside as a rigger's assistant. However, during periods of inclement weather, Coyle worked as an assistant to the insulators at LG&E. Coyle claimed he was exposed to asbestos containing insulation products during these times.
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GORMAN-RUPP COMPANY V BOBBY G HALL - MS
Two hundred and seventy-four (274) companies and corporate defendants were named in the complaint, as well as, John Does 1-100 (all unidentified manufacturers, suppliers, distributors and installers of asbestos-containing products) and 101-200 (all unidentified associations and organizations which conspired with the manufacturers, suppliers, distributors and installers of asbestos-containing products). Gorman, a pump manufacturer, was one of the named defendants, and its answer to the complaint was filed on March 13, 2003.
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ORR V STATE OF MONTANA - MT
The Plaintiffs/Appellants (hereinafter “the Miners”) include an on-site carpenter, seven former miners from Libby, Montana, and the wife of a former miner, all of whom have been diagnosed with asbestos disease. The Miners and their families have sued the State of Montana for negligence claiming that the State knew of the asbestos danger associated with working in the Libby vermiculite mine
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Biesterfeld and Langseth v Asbestos Corporation of America - ND
In September of 1987, Baron commenced this action against the defendant manufacturers, miners, processors, importers, converters, and/or retailers of asbestos products. The action was based upon the alternate theories of negligence, strict liability, breach of warranty, and fraudulent concealment. On March 24, 1988, a stipulation was entered into releasing Combustion Engineering, Inc.
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ZINC CORPORATION OF AMERICA and ACE AMERICAN INSURANCE COMPANY - OK
Claimant's husband, Louis Reeder, began working for National Zinc Company (National Zinc) in 1960. During the 1960s and until 1976, he worked in the furnace area. During this time, he wore aprons, shoe fittings and gloves made with asbestos materials. In 1976, National Zinc ceased operating the furnace. After National Zinc shut down the furnace, Louis began working in the maintenance department.
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WANDA LYNCH et al v CF INDUSTRIES INC - TN
This action began as one seeking workers’ compensation benefits for mesothelioma. Six months after the complaint was filed, Mr. Lynch died and the complaint was amended appropriately. The defense centered, inter alia, on the issue of the cause of death since an autopsy revealed that Mr. Lynch died of congestive heart failure. Much expert testimony was presented, either in open court or by deposition, including the testimony of Dr. Stanton C. Kessler, a board-certified pathologist.
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CARBAUGH V Asbestos Corporation Limited Et Al - UT
Unlicensed to practice medicine in Utah, Dr. Alvin Schonfeld set up short-term medical clinics in various hostelries in Salt Lake City, Utah, for the purpose of examining persons who suspected that they suffered from asbestos-related diseases. Dr. Schonfeld confirmed the suspicions of forty-seven individuals, whom he diagnosed with asbestos-related diseases.
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MAVROUDIS v PITTSBURGH-CORNING CORP - WA
Owens-Corning Fiberglas Corporation (OCF) appeals the judgment in an asbestos-related product liability and negligence action that was entered following the jury's findings that OCF provided a product that was not reasonably safe in that adequate warnings of the dangerous aspects of the product were not given, that OCF negligently failed to warn of these dangers, and that OCF thereby proximately caused the plaintiff's decedent, Michael M. Mavroudis, Jr., to contract mesothelioma.
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Covington v WR Grace-Conn Inc - WY
In August of 1994, Covington was diagnosed with having a form of cancer known as mesothelioma.1 He alleged that, during his employment, he was exposed to asbestos insulation and that his malignant mesothelioma was proximately caused by his exposure to the asbestos. Covington contended that a Zonolite insulation product, which was manufactured by W.R. Grace-Conn., Inc., had been applied to flare stacks, piping, and other processing equipment for insulation and fireproofing purposes.
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PHILLIP R CHAPIN V A & L PARTS INC - MI
This case arises out of plaintiff Phillip R. Chapin's diagnosis with mesothelioma at the age of 60, after having spent 45 years working as an automobile brake mechanic. Part of his job involved grinding brake linings that contained chrysotile asbestos. At issue is whether plaintiffs' expert presented scientifically reliable, and therefore legally admissible, evidence drawing a causal connection between mesothelioma and inhalation of brake-lining dust.
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THERESE A JAQUA V CANADIAN NATIONAL RAILROAD INC - MI
In this case, the employee released his employer from liability for asbestos exposure and asbestosis, which was a condition he had at the time of the release, but he also released his employer for liability for cancer, a condition he knew he was at risk of developing in the future.
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LOVALL GILLIAM V HI TEMP PRODUCTS - MI
Hi-Temp sold asbestos products. Many individuals have claimed that their exposure to Hi-Temp's products caused asbestos-related diseases. They have sued Hi-Temp frequently and continuously since the mid-1980s. In 1992, Hi-Temp ceased active business operations. Its sole shareholder resolved on October 8, 1993, that Hi-Temp be dissolved and its assets distributed.
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WILLIAM A ALSTON V CHRYSLER CORP - MI
The magistrate found that plaintiff was disabled by a work-related dust disease resulting from his exposure to asbestos. The magistrate did not expressly state the type of dust disease from which plaintiff suffered. However, the magistrate stated in her findings that she accepted the diagnoses and conclusions of Dr. Michael Kelly and Dr. Clyde Wu. The magistrate noted that Dr. Kelly diagnosed plaintiff with emphysema,
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JOSEPH V MCDONOUGHS -dependents- CASE - MA
Joseph McDonough began working for the Boston Edison Company in 1961 as a mechanic, primarily in its Massachusetts Avenue garage. He retired from that position in December, 1991, accepting a lump sum pension payment. In April, 1996, he was diagnosed with adenocarcinoma and asbestosis. He passed away the following month.
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AW CHESTERTON COMPANY v MASSACHUSETTS INSURERS INSOLVENCY FUND - MA
This case (here on direct appellate review) concerns the liability of the Massachusetts Insurers Insolvency Fund (Fund) on excess indemnity policies issued by Midland Insurance Company (Midland) to A.W. Chesterton Company (Chesterton) covering asbestos related liability claims involving Chesterton products.
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