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New Jersey Contractor Given Probation for Violating Clean Air Act’s Asbestos Work Practice Standards

A New Jersey contractor has been sentenced to three years probation after being charged with conspiracy and six counts of violating the Clean Air Act’s asbestos work practice standards while he worked at an old central New Jersey paper mill. His actions potentially put others at risk for mesothelioma and other illnesses.

Vele Bozinoski, 61, of Elmwood Park, New Jersey, removed several hundred feet of asbestos-containing insulation from the Garden State Paper Mill in February 2007, but failed to complete required steps before beginning his work. Regulations required Bozinoski to inspect the insulation for the presence of asbestos before removing it and wetting it to prevent asbestos fibers from floating through the air. He was charged with “conspiring with others not to follow federal regulations requiring him to inspect the facility for asbestos and to notify the Environmental Protection Agency before removing the insulation,” according to Mesothelioma.com. More New Jersey Contractor Given Probation for Violating Clean Air Act’s Asbestos Work Practice Standards

Ferry Involved in Crash Recently Underwent Major Renovations

A commuter ferry involved in a crash Wednesday in Lower Manhattan recently underwent major renovations and had its high-speed, four-engine system replaced with a new propeller system that made the craft lighter and more fuel-efficient.

Changes to the Seastreak Wall Street were laid out in the August 2012 issue of the online shipping magazine Marinelog. The changes were considered suitable for the boat’s operating costs, ferry schedule, and age of the original system, which was installed in 2003, when it first launched. Investigators are looking into the crash at Pier 11 in Lower Manhattan, which took place around 8:45 a.m. Toxicology tests were also performed on the ship’s operators. Scores of people were injured in the crash, two of them critically, The Los Angeles Times reported. More Ferry Involved in Crash Recently Underwent Major Renovations

Chinese Drywall Company Appeals Decisions Ruling for Liability

While Chinese drywall manufacturer Taishan Gypsum argued that the United States has no jurisdiction over it and its products, judges in state and federal courts rule that it does.

Some 7,000 – 10,000 homes have been allegedly damaged due to defective drywall manufactured in China, and homeowners have been hard-pressed to collect any damages because of the complexity of suing foreign companies. Recently, however, two courts have ruled that at least one major Chinese drywall company, Taishan Gypsum, is liable for its products, The New York Times reports. More Chinese Drywall Company Appeals Decisions Ruling for Liability

Parker Waichman LLP Partner Appointed to MI Windows and Door Litigation Steering Committee

The national law firm of Parker Waichman LLP is pleased to announce that firm partner Jordan L. Chaikin has been appointed to the Homeowner Plaintiffs’ Steering Committee in MI Windows and Doors, Inc., product liability litigation currently underway in U.S. District Court District of South Carolina under the Honorable David C. Norton.

The lawsuits allege that various windows manufactured by the defendant MI Windows and Doors contain at least one defect that results in the loss of the seal at the bottom of the windows, which allowed water to enter the structures of plaintiffs and putative class members. More Parker Waichman LLP Partner Appointed to MI Windows and Door Litigation Steering Committee

Virginian Homeowners Reach $13 million Chinese Drywall Settlement

Yesterday, attorneys announced that a $13 million settlement was reached between about 200 Virginia homeowners and some of the companies that imported and sold Chinese drywall. The settlement comes too late for some, who have already left, lost, or sold their homes after nearly 40 months of litigation.

An attorney for the homeowners said the $13 million is not enough to compensate the families and it is his hope that more companies come forward to settle, so the amount of money for the homeowners increases. A New Orleans federal judge will rule on the settlement in July. More Virginian Homeowners Reach $13 million Chinese Drywall Settlement

Plavix Makers Hit with Lawsuit filed by 64 Plaintiffs

Lead plaintiff John Alvarez and 63 other plaintiffs who claim they or their loved ones were harmed by Plavix have filed a lawsuit in St. Clair County Court, Illinois against drug manufacturers Bristol-Myers Squibb Company and Sanofi Aventis.

According to the lawsuit, the plaintiffs suffered heart attacks and strokes after taking Plavix. The lawsuit says the defendants marketed the drug as able to “give a person even greater cardiovascular benefits than a much less expensive, daily aspirin while being safer and easier on a person’s stomach than aspirin.” The complaint also says that “Despite the growing body of scientific knowledge that the four-dollar Plavix pill was not much better than four-cent-a-day aspirin, Defendants kept promoting it to the public and to physicians, using hyperbole and outright falsification in the process.” More Plavix Makers Hit with Lawsuit filed by 64 Plaintiffs

Owens Corning Lawsuit Continues Through Bankruptcy

Owens Corning entered into bankruptcy proceedings in 2000, during which, all claims against the company filed before 2006 were ‘extinguished’. Prior to the bankruptcy, the company was liable for millions of dollars in lawsuits related to asbestos.

In 2009, Owens Corning was sued by two customers, Kevin West and Patricia Wright, whose roofs leaked allegedly due to split shingles. The court ruled the claims arose when the plaintiffs discovered the defects in the shingles, and were hence valid under Avellino v. Frenville. More Owens Corning Lawsuit Continues Through Bankruptcy

MI Windows and Doors Lawsuits Consolidated in MDL

The U.S. Judicial Panel on Multidistrict Litigation has ordered all federally filed lawsuits against MI Windows and Doors, Inc. be consolidated in multidistrict litigation and transferred to the U.S. District Court for the District of South Carolina under the Honorable Chief Judge David C. Norton.

MI Windows and Doors had opposed the centralization of the lawsuits arguing that it would not appropriate, however the national law firm of Parker Waichman LLP moved to have the lawsuits transferred to South Carolina on behalf of their client Craig Hildebrand. Jordan Chaikan, Partner at Parker Waichman LLP said, “We are pleased with the JPML’s decision to consolidate and transfer the case to the District of South Carolina before the Honorable Chief Judge David C. Norton. The skill and experience Judge David C. Norton brings to this case will steer this litigation on a prudent course.” More MI Windows and Doors Lawsuits Consolidated in MDL

Lawsuits Filed Over Stainless Steel Flexible Gas Line Fires

Dozens of lawsuits have been filed over CSST, a plastic-coated, flexible, gas line made of corrugated stainless steel tubing and lightning-related gas leaks and fires. CSST was developed to prevent breaks during earthquakes in Japan, however the tubing is being used often in the United States in new home developments.

Fire officials are concerned that electrical charges from nearby lightning strikes can travel along the tubing and cause punctures that are igniting fires and causing gas leaks. More Lawsuits Filed Over Stainless Steel Flexible Gas Line Fires

Knauf Plasterboard agrees to $800M settlement with 4,500 homeowners for toxic Chinese drywall

The manufacturer of toxic Chinese drywall has agreed to pay $800 million to settle thousands of claims from homeowners who say the defective building material has caused extensive property damage and health side effects.

According to a Bloomberg report, Knauf Plasterboard Tianjin Co. agreed to the terms of a settlement with approximately 4.500 homeowners who had the company’s toxic drywall installed in their home.

Chinese drywall became a popular, inexpensive alternative to domestically-produced wallboard during the housing boom earlier this decade. It was used throughout states where new homes were built in the thousands and Knauf already faces more than 12,000 damage claims from homeowners with the plaster board installed in their homes. Because the toxic drywall uses inferior products and wasn’t manufactured properly it led to myriad problems for homeowners and the contractors who built the homes. More Knauf Plasterboard agrees to $800M settlement with 4,500 homeowners for toxic Chinese drywall