Category Archives: Asbestos

Asbestos, Railroads and The US Supreme Court

Railroad workers install deadly asbestos fiber.

Today’s post comes to us from my colleague Jon Gelman of New Jersey.

For decades railroad equipment, including engines, were heavily insulated with asbestos fiber, a known carcinogen and causally related to mesothelioma, a rare and fatal cancer. Many lawsuits have been filed by victims and their families to recover benefits against the suppliers, manufacturers and distributors of asbestos fiber. In November, The US Supreme Court heard oral argument to determine whether state laws were preempted under Federal law and that state laws were not applicable in judging the lawsuits.

The initial claims for asbestos related diseases were filed as workers’ compensation claims in the United States. Soon it was revealed that the suppliers, distributors and health research (trade) organizations were concealing information to the workers as to the deadly dangers of asbestos fiber. As asbestos related disease, including mesothelioma, became epidemic, tens of thousands of civil claims were filed. Continue reading

Why is the US Still in the Asbestos Business?

This is another post by frequent contributor Jon L. Gelman who practices law in New Jersey. The post speaks for itself – shockingly the US has still not banned asbestos. We haven’t mined it here since 2002, but we import it from Canada. The fact of the matter is that, as Jon points out “the US imports 99% of the asbestos it consumes from Canada.” In 2010 that was over 1,000 metric tons.

The US still has not banned asbestos. The recently released US Geological Survey just published the latest statistics reporting that 1,040 metric tons of asbestos, a known carcinogen and the cause of mesothelioma, Continue reading