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August 18, 2015

JENNIFER MORALES - CORRUPT ASBESTOS TRUST LAWYER - TYRANNIST (Updated 8/20/2015)

UPDATE -
On 8/18/15, Jennifer Morales requested this post be taken down. I believe her words were "...needless to say, the post should be taken down..."

RESPONSE- 8/19/15 - "Needless to say" the damage caused by Ms. Morales in her position as "lawyer" of asbestos bankruptcy trust to my clients, my office, and victims of asbestos diseases far exceeds any "inflammation" by the accurate post below. Morales, although having no authority to do so, has "suspended" and prohibited thousands of claims with Trusts she oversees and in the process harming hundreds of asbestos victims rights. Morales has then attempted to 'justify' her unethical conduct by citing inapplicable rules and codes. If there is anything in the post below that she finds inaccurate, I will gladly remove it. Simply put - she has been running these Trusts through Tyranny.

"Don't become a lawyer - they are all corrupt."

We all heard it prior to entering law school. I thought they were wrong. I've now learned in my 24 years as an attorney - at least in asbestos bankruptcy trust litigation - they were right.

The list of Corrupt Asbestos Bankruptcy Trust Attorneys and Fiduciaries is extensive. In my experience - these are the "worst of the worst" - individuals who can't follow simple rules, engage in collusion, bad faith dealings and misconduct. Collectively, a group of liars and perjurers, not just to lawyers and victims of asbestos diseases - but often the Court.

Each Attorney or Fiduciary on this list is extremely well compensated almost solely from Trust funds set aside for victims of asbestos diseases. And each has utilized bad faith dealings, collusion, and adverse relationships to harm the asbestos victims and misappropriate funds (through bad faith billing) from the beneficiaries they are paid to protect.

With $30,000,000,000 in Trust funds for victims from all over the United States - isn't this a matter of public interest? How could someone not notice? They will. It's just a matter of time
CORRUPT LAWYER IN THIS POSTING -
1. Jennifer Morales (www.kmklaw.com)Morales - Corrupt Lawyer.jpeg
Notable Career Accomplishments: Very little. - From her own firm bio - It does appear as if she won an award at the YMCA one time.

Trusts Morales "oversees" through Fraud:
1. Celotex Trust
2. Raytech Trust
3. Armstrong Trusts
4. Many Others - Delaware Trusts
Notable Corruption and Fraud by Morales:
1. A liar and perjurer to Mandelbrot, claimants, claimant's attorneys and the Court (by failing in her oath to act as a Fiduciary)
2. Suspends victims claims (represented by Mandelbrot) arbitrarily while paying fraudulent claims to corrupt lawyers (bias)
3. Acts unauthorized as if the Trusts were funded for her (misappropriation of funds through fraudulent billing). See Court Transcript depicting unauthorized conduct:Manville Transcript - 7-16-2015 - key portions highlighted.pdf
4. Harasses lawyers (Mandelbrot) in order to use Trusts as her personal piggy bank and justify her unethical acts
5. Misrepresents facts related to Mandelbrot to justify her corrupt actions, including defaming Mandelbrot related to claim filing.
6. Attempted extortion to harm claimants attorneys (after improperly suspending claims, sought $150,000 from me just so she could perform an audit - when I refused, more unauthorized conduct followed
Other Notes:
1. Works closely with corrupt Trust lawyer Marla Eskin (www.camlev.com) to carry out corruption. Eskin is just as bad, if not worse than Morales.
2. Rude-repugnant generally - Seems to think she is an 'elitist' with no respect for lawyers and victms
3. Can't follow simple rules in Trust Distribution Procedures (by suspending Mandelbrot claims) which she's paid to follow
4. An embarrassment to all female lawyers by utilizing her position to commit fraud. Morales seemingly 'broke the glass ceiling' with her status as a "partner" at Law Firm. However, her utilization of this role to carry out unethical conduct and enable ongoing corruption is embarrassing. And not doubt the Trustees of the Trusts she oversees found a perfect enabler in Ms. Morales.

Recent Lies by Morales - (from her own letter dated August 18, 2015)
We take this opportunity to remind you that it was Mandelbrot who prevented the Trusts
from conducting a full audit of the claims he previously submitted (and then withdrew) by
refusing to indemnify the Trusts for the costs of the audit. As has been repeatedly explained to
Mandelbrot and his various counsel, including your law firm, the Trusts' beneficiaries should not
have to bear the costs of an audit brought about by Mandelbrot's own actions.

The Truth:
Mandelbrot has always been willing to undergo an audit. Morales tried to extort $150,000 from Mandelbrot prior to the audit.Mandelbrot refused to pay. Mandelbrot has never 'prevented' an audit and has always welcomed audits. This exemplifies another Morales lie (to Trustees, lawyers and the Court).

August 17, 2015

PETALUMA LAWYER STEPHEN HEALY SUED - Malpractice, Fraud, Breach of Contract


Petaluma lawyer Stephen Healy has been sued by the Mandelbrot Law Firm.
Filed Complaint - Mandelbrot v. Healy.pdf

"The Complaint provides a good description of the misconduct of Stephen Healy," said attorney Michael Mandelbrot. "He's one of the most despicable attorneys I've ever come across. Healy lied about his background, experience and abilities and when I fired him in October 2014, he tried to literally steal my office which I took 20 years to build." continued Mandelbrot. "Healy also stole my database and a significant amount of money. This is why we have a Court system -- to take care of lying and cheating unethical attorneys like Healy. I expect the Justice system to take care of him."Filed Complaint - Mandelbrot v. Healy.pdf

Apparently, this isn't the first time Healy has committed misconduct.
Nevada Court Order - Healy Abandonment.pdf

Cancellation of Legal Services Agreement.pdf

August 10, 2015

Asbestos Trust Corrupt Lawyer - Kathleen Campbell Davis (Campbell & Levine, LLC)

Corrupt Asbestos Trust Lawyer - Kathleen Campbell Davis (Campbell and Levine)

Plaintiff lawyers and victims of asbestos diseases - Watch out for Kathleen Campbell Davis!

Dishonest. Someone who can't follow simple rules.Someone who harms the beneficiaries she is paid to protect. Shady. Conspires in bad faith. An embarrassment to female attorneys. Let me introduce you to Kathleen Campbell Davis.
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"Literally despicable is the best way I can describe Kathleen Campbell Davis" said experienced asbestos plaintiff's attorney Michael Mandelbrot. "In my years of dealing with her, Campbell Davis has done everything possible to harm the individuals she is paid to protect, collude with other lawyers and law Firms and displayed a complete inability to follow simple rules." continued Mandelbrot.

So who is Karen Campbell Davis? Apparently, the only real legal job she's ever held is the one for her current Firm Campell and Levine (http://www.camlev.com/) where she has worked since 2002. At some point, apparently due to reaching billable hour goals, Campbell Davis was 'named' a partner at the Firm. Currently, Campbell Davis - as an attorney - represents "Asbestos Trusts" set up pursuant to Chapter 11 of U.S. Bankruptcy Code designed to compensate thousands of victims diseases. This is tremendous position of "power" as there is "billions" of dollars in these Asbestos Trusts for victims of asbestos diseases. Specific Asbestos Trusts where Campbell Davis is the attorney include but are not limited to include the General Motors Asbestos Trust (Motor Liquidation Trust) and the C.E. Thurston Trust. Campbell Davis, according the website, also won an award at some point in her career in "feminist legal theory."

Why is Campbell Davis so bad as a lawyer? "I just wish she could follow simple Trust rules. She clearly can't," said Mandelbrot. "And by colluding with other lawyers, she literally harms the victims of asbestos diseases she is paid to protect. For the past year, in bad faith, she has violated the Trust Rules she is paid millions to uphold and literally suspended my claims." said Mandelbrot. "Finally, when the Chief Bankruptcy Judge in New York (Hon. Cecelia G. Morris - Southern District) indicated that this conduct was wholly unauthorized, Campbell did nothing. Not only was the suspension in bad faith, but the continuation of it borders on criminal conduct and is definitely unethical. But that doesn't stop Campbell Davis."Manville Transcript - 7-16-2015 - key portions highlighted.pdf

Apparently, extortion isn't beyond Campbell Davis either. "After she suspended my claims while concurrently billing the trust thousands of dollars, she then tried to extort claims from office." said Mandelbrot. "Campbell Davis literally told me the only way the General Motors Trust would review claims for my office is if I transferred them to another attorney. She was using her 'position of power' to extort claims and clients from my office. Clearly, despicable conduct by any lawyer." said Mandelbrot. "It's time this corrupt and despicable lawyer has been exposed."

Let's just hope the State Bar, Department of Justice, or her clients act soon. And for those feminists out there - can this person possibly be a role model?

July 20, 2015

Mandelbrot Law Firm Publishes Comprehensive List of Asbestos Products

The Asbestos Factbook - 1944.pdf

Sure - many know that insulation materials contained asbestos. But did you know automobile floorboards contained asbestos? How about movie curtains? Christmas Tree flock? Baking Sheets? Yes to all of them.

"The Asbestos Fact Book published in 1944 is one of best lists of asbestos products I've seen and a great article for anyone who wants to learn about asbestos" said noted asbestos lawyer Michael J. Mandelbrot. "We now know these products cause mesothelioma, lung cancer and other disabling diseases and many companies have hid information on their utilization of asbestos. But this list of uses in the Asbestos Factbook came out before the public learned on the dangers and is one of the most comprehensive list I've seen."

Another comprehensive list has been added as well:
Asbestos Bankruptcy Product List.pdf

For information about mesothelioma, lung cancer and asbestosis visit .

For a free legal evaluation if you've been diagnosed with an asbestos disease call Michael J. Mandelbrot at 1-800-970-3878 (DUST)

July 20, 2015

Mandelbrot Law Firm Publishes Comprehensive List of Asbestos Products

The Asbestos Factbook - 1944.pdf

Sure - many know that insulation materials contained asbestos. But did you know automobile floorboards contained asbestos? How about movie curtains? Christmas Tree flock? Baking Sheets? Yes to all of them.

"The Asbestos Fact Book published in 1944 is one of best lists of asbestos products I've seen and a great article for anyone who wants to learn about asbestos" said noted asbestos lawyer Michael J. Mandelbrot. "We now know these products cause mesothelioma, lung cancer and other disabling diseases and many companies have hid information on their utilization of asbestos. But this list of uses in the Asbestos Factbook came out before the public learned on the dangers and is one of the most comprehensive list I've seen."
The Asbestos Factbook - 1944.pdf

For information about mesothelioma, lung cancer and asbestosis visit .

For a free legal evaluation if you've been diagnosed with an asbestos disease call Michael J. Mandelbrot at 1-800-970-3878 (DUST)
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July 20, 2015

Mandelbrot Law Firm Publishes Comprehensive List of Asbestos Products

The Asbestos Factbook - 1944.pdf

Sure - many know that insulation materials contained asbestos. But did you know automobile floorboards contained asbestos? How about movie curtains? Christmas Tree flock? Baking Sheets? Yes to all of them.

"The Asbestos Fact Book published in 1944 is one of best lists of asbestos products I've seen and a great article for anyone who wants to learn about asbestos" said noted asbestos lawyer Michael J. Mandelbrot. "We now know these products cause mesothelioma, lung cancer and other disabling diseases and many companies have hid information on their utilization of asbestos. But this list of uses in the Asbestos Factbook came out before the public learned on the dangers and is one of the most comprehensive list I've seen."

For information about mesothelioma, lung cancer and asbestosis visit .

For a free legal evaluation if you've been diagnosed with an asbestos disease call Michael J. Mandelbrot at 1-800-970-3878 (DUST)

July 14, 2015

Manville Trustee Fraud/Favortism Exposed in Lawyers Objection

July 14, 2015

MANVILLE TRUSTEE FRAUD/FAVORITISM EXPOSED IN MANDELBROT OBJECTION

Manville - Response to Reply.pdf
Final Objection - Manville.pdf

On July 13, 2014, the Mandelbrot Law Firm filed an Objection Reply to the Trustees Accounting which displays extensive fraud and favoritism at the Manville Trust -- and potentially criminal conduct as well.

"The Trustees, Fiduciaries (Steven Kazan), and the General Counsel Jared Garelick have concealed Manville Trust fraud for years and are using me as their scapegoat. The concealment of fraud under Chapter 11 rules sure seems like Trustee criminal conduct to me, " said Mandelbrot. Exhibit D - Dept. of Justice Trustee Handbook - select portions.pdf
"Alan Brayton (www.braytonlaw.com) filed claims with the Manville Trust which were described as fictional and fraud and the Trustees and Counsel Garelick conceal the information. My office, which has provided information which led to the arrest and felony conviction of an individual (John Lynch) filing false Manville claims, is the most reliable in the Country, has never filed an unreliable claims and we are suspended from filing claims? Clearly there is collusion, bad faith, favoritism and fraud taking place." said Mandelbrot.
A Hearing is set for July 16, 2015 - at 10:00 A.M- United States Bankruptcy Court, Southern District of New York, Alexander Hamilton Custom House, One Bowling Green, New York, New York 10004-1408 before Cecelia G. Morris, United States Bankruptcy Judge.
Mandelbrot concluded, "I sure hope Judge Morris can 'see through' the Trustee and Garelick's lies to the Court and puts a stop to the bad faith that has been taking place at this Trust for nearly a decade."

For more information about the Mandelbrot Law Firm - please call (415) 895-5175 or contact www.mesothelioma.pro.

July 2, 2015

Fraud - Objection Filed to Manville Trust 2014 Trustees Account

Final Objection - Manville.pdf

On July 1, 2015, the Mandelbrot Law Firm (Novato, California) filed an Objection to the Manville Trust 2014 Trustees Accounting alleging fraud, misappropriation of funds, bad faith and favoritism by and under the direction of the Trustees and General Counsel for the Manville Trust Jared Garelick.
Mandelbrot has also alleged a misappropriation of funds by "high priced" counsel Jason Rubinstein (Freidman, Kaplan - NY) who was only hired by the Trust after Mandelbrot began raising issues of misconduct.

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Continue reading "Fraud - Objection Filed to Manville Trust 2014 Trustees Account" »

June 5, 2015

Fraudulent Asbestos Bankruptcy Trust Claim results in 9 Month Jail Sentence

Despite Conviction - Trustee Collusion, Bad Faith and Misconduct Continues to Harm Trust Beneficiaries
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John Lynch IV- former employee of the Western Asbestos, J.T. Thorpe, Inc., and Thorpe Insulation Trusts pled Guilty this week to Felony Grand Theft and will face a sentence of up to 3 Years in State Prison in California for the 'successful' filing of a false Manville Asbestos Trust Claim (Sonoma County Case #SCR662265).

This "false" claim was solely discovered and reported to authorities by Plaintiff's asbestos attorney Michael Mandelbrot, Esq. (California) and the Mandelbrot Law Firm while investigating and auditing Lynch improprieties at the Mandelbrot office (for which Lynch was also criminally charged in Marin County). Sentencing is scheduled for June 1, 2015 for the false Manville Trust claim. This is the first time in the United States an individual has faced criminal prosecution for a fraudulent asbestos bankruptcy trust claim.

Continue reading "Fraudulent Asbestos Bankruptcy Trust Claim results in 9 Month Jail Sentence" »

October 9, 2012

Exposure to Asbestos: When are we at risk of being in contact with it?

Asbestos can ruin the lives of people who become sick with one of the many Asbestos- related diseases. Most people are exposed to asbestos while at work, which unfortunately, is where we spend most of our time. Being a great insulator, asbestos is often used as insulation in buildings and remains in many buildings today because it is more dangerous to take it out. Taking it out would cause the small asbestos fibers to become airborne which could then cause more harm than good. Now that asbestos is known to make people fatally ill with diseases such as Mesothelioma, Lung Cancer, and Asbestosis, help is available to compensate victims of asbestos disease.

In a current news article from the United Kingdom's Ponteford and Castlford Express, a 67 year old woman was exposed to asbestos and diagnosed with Mesothelioma from her five years of working as a Tailoress in a factory. Mesothelioma is a rare cancer that is almost always caused by exposure to asbestos. Although the woman, named June Preston, worked in the factory for a short five years, it was plenty of time to come into contact with the tiny asbestos fibers that lodge into the lungs. Sadly, in March of this year, June passed away due to her exposure to asbestos. Her husband is currently seeking compensation for her death.

Asbestos is found in many factories and is extremely common in certain materials used in construction or similar jobs. It is said that in most big cities, you can find the small asbestos fibers in the lungs of the people who live there. Not all of those people will become sick, but those who have had enough exposure may. There are many jobs, job sites, and professions that can make your risks of contracting an asbestos related disease much higher than others such as:

Shipbuilding
Sheet metal worker
Power plants
Construction- they use products that contain asbestos
Manufacturers of asbestos products
Pipefitters, steamfitters, boilermakers, refractory workers
The Textile Industry- asbestos may be woven into the fabrics
Auto-Repair shops- asbestos was used in brake pads
Military/Navy veterans- exposed to asbestos products

If you or someone else you know has become ill with Asbestosis, Lung Cancer, or Mesothelioma and has worked at one or several of the sites listed above, you may have a possible asbestos related claim.

October 3, 2012

Asbestos Compensation for Victims

Exposure to asbestos can cause various forms of diseases from asbestosis to various forms of cancer including mesothelioma. Exposure to asbestos often occurred in construction trades or industrial sites such as shipyards, refineries, power plants, manufacturing plants, foundries, paper mills, military bases and ships. Additionally, many wives were exposed through their husband's occupational exposure to asbestos through dust brought home on their work clothes and performing cleaning and laundry in the family home.

Asbestos diseases have a long latency period between exposure and diagnosis. In many cases, the latency period can be up to 40 or 50 years. Many asbestos workers from the 1940's through the 1980's are just now showing signs of illness and are being diagnosed.

Asbestos manufacturers knew the dangers of asbestos as early as the 1920's but actively conspired to keep their knowledge of the hazards of asbestos secret. The dangers of asbestos were uncovered in the late 1970's after the government stepped in. Many asbestos manufacturers, suppliers and distributors are now willingly negotiating settlements for asbestos victims or voluntarily filing for bankruptcy protection to avoid further lawsuits and instead compensate victims through an Asbestos Bankruptcy Trust.

Today, there are more than 50 active Asbestos Bankruptcy Trusts established with many more to follow.

If you have been diagnosed with an asbestos related disease you need to act quickly to make sure you take care of your medical needs while meeting your financial obligations from any treatment you receive. Compensation from asbestos manufacturers is one way to ease your financial concerns over your cost of treatment and securing your family's future.

You should contact an asbestos attorney as soon as possible for the following reasons:

1. Mesothelioma is still considered a relatively rare cancer and it is important to receive a second opinion to properly consider your treatment options. Mesothelioma specialists are rare and it may be necessary to travel for these opinions and/or treatments. An asbestos attorney can advise you.

2. Asbestos diseases are subject to the Statute of Limitations, varying by State. In most cases, the Statute of Limitations begins on the date of your first indication of an asbestos disease and expires between one and five years from this date. If you wish to file an asbestos lawsuit or seek compensation from Asbestos Bankruptcy Trusts, it is important you seek legal assistance immediately.

3. Much of an Asbestos Lawsuit or Asbestos Bankruptcy claims are based on what you can recall and details of your work history. If you became too ill or pass away before claims are filed, it would make your case much more difficult to establish how, when, where and to what products you may have been exposed.

For more information on obtaining compensation from the Asbestos Industry, contact an Asbestos Attorney today.

March 5, 2012

California Mesothelioma Attorney Warns of Hidden Health Threat to Home Remodelers: Asbestos

In these tough economic times, many home owners, when faced with the decision of making home repairs, or home remodels, are choosing to conduct the work themselves, rather than spend the money on a contractor. However, unfortunately, many individuals are unaware of the dangerous toxin that can be found in many homes constructed before 1980: asbestos. California Mesothelioma Attorney Michael Mandelbrot, is concerned that most home owners don't appreciate the danger posed by the mineral.

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"Asbestos exposure cause severe and fatal health conditions, such as mesothelioma, lung cancer, and asbestosis. Even small exposures contribute to causation of these diseases. These conditions nearly always do not manifest themselves until 15 to 30 years after exposure, providing the consumer with a false sense of security, that the work they performed was safe."

The mineral fiber asbestos was discovered more than 2000 years ago. It's name was provided by the Ancient Greeks, who marveled that the fiber could not be extinguished by flame. But even the Greeks noted that the fiber caused lung problems in the slaves who were tasked to weaving it into cloth.

Asbestos use became popular in the 1800's, and the start of the Industrial Revolution as insulator for high temperature equipment. Given society's struggles with other health ailments caused by crowding large populations into urban environments during this time period, it is thought that the ailments cause by asbestos were often misdiagnosed as other more common maladies, such as pneumonia.

The first diagnosis of asbestosis, a chronic thickening of the lungs making it difficult to breathe, is widely believe to first have been made in 1924. In the 1930's, scientific epidemiology clearly started defining asbestos as a threat to public health.
However, asbestos continued to be used in the United States, to large extent in naval military applications, and in construction materials, into the late 20th century. Moreover, despite the anger of many families who have lost loved ones, asbestos use in not banned in the United States today, but rather is regulated, and curbed by the industry exposure to lawsuits brought by those suffering from asbestos related diseases, including pleural mesothelioma, a cancer widely accepted an incurable.

Home remodeler should be aware that asbestos can often be found in the following materials:

Insulating blankets or paper, that wrap steam pipes, boilers, and heating ducting.

Vinyl floor tiles, sheet flooring, or the adhesives used to apply flooring materials. Removing these asbestos containing tiles, asbestos sheet flooring, or scraping and sanding old adhesive material, can cause the release of asbestos fiber into the air.

Sound proofing or decorative material sprayed on walls and roofs, such a textures of popcorn ceilings.

Drywall materials, including joint compounds and drywall compounds.

Roofing shingles, and home siding.

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If you are undertaking a home remodeling project, if you are concerned that there may be asbestos containing materials in your home, don't panic. The best thing to do is...

Continue reading "California Mesothelioma Attorney Warns of Hidden Health Threat to Home Remodelers: Asbestos" »

February 23, 2012

International Mesothelioma Victims File Lawsuits Seeking Same Rights as California Residents For Exposure to Asbestos on Navy Vessels

For decades, Veterans of the United States Navy, and shipyard workers in California, have been able to receive compensation in the legal system for mesothelioma, lung cancer, and other asbestos related diseases, stemming from exposure to asbestos that took place aboard U.S. Navy vessels in shipyards over the course of the 20th century. For example, in California, the Asbestos Legal Center is an example of a law firm that has been assisting plaintiffs gain compensation for mesothelioma. Now, the families of shipyard workers in Malta, claiming discrimination because international mesothelioma victims have been barred from gaining compensation for the same exposures, have filed a class action lawsuit in District Court in New York.

The legal case hinges on whether the Johns Mansville trust, that emerged from bankruptcy in 1988, has been wrongly applying a non-standard compensation designation to international mesothelioma victims, by failing to recognize when a shipyard worker stepped onto a U.S. Navy ship, they were stepping onto sovereign United States soil.

According to the National Cancer Institute, Malignant Mesothelioma is a cancer that forms in the mesothelial lining of the lungs, chest, or abdomen. A major risk factor in the development of mesothelioma is inhaling or swallowing asbestos fibers. Symptoms of mesothelioma include pain focused under a person's rib, and shortness of breath. In come cases symptom include a person having lost weight without an apparent explanation. People often believe they may be suffering from pneumonia, or another chest condition, as the onset of mesothelioma may include fluid build up around the lungs, causing the person to cough.

Veterans of the military represent one third of the mesothelioma cases diagnosed in the United States every year. Navy sailors and shipyard workers were often exposed to asbestos located in the boiler and mechanical rooms of Navy vessels, asbestos that insulated the piping that ran throughout the vessel, and asbestos that was located in the internal components of machines, engines, and valves onboard.


Disturbing, the risk for developing mesothelioma is not limited to the shipyard worker, but also extends to the asbestos workers family members. Every year the children and spouses of people who worked with asbestos containing materials are diagnosed with mesothelioma caused by the asbestos fibers that were brought into the family home and vehicle on the clothes of worker. The children and spouses of are also entitled to compensation in the current legal system.

The families of the Maltese shipyard workers claim that their deceased loved ones died as a result of the same exposures, that occurred on vessels docked at the HM Dockyards in Malta. The current action follows a 2010 judgment by the U.S. Court of Appeals, in favor of a plaintiff similarly situated to the Maltese Shipyard workers.

The case may have broader implications, beyond the Johns Mansville trust, as there are numerous other Asbestos Personal Injury Settlment trusts that pay billions of dollars each year to victims of mesothelioma, lung cancer, and other asbestos related diseases. If the Court opens the gates to international claimants who have been victimized by the asbestos industry, future Asbestos Personal Injury Settlement Trusts may need to be set up in consideration of a much larger victim pool needing compensation.

Continue reading "International Mesothelioma Victims File Lawsuits Seeking Same Rights as California Residents For Exposure to Asbestos on Navy Vessels " »

February 20, 2012

BAKERSFIELD CONTAMINATION EXAMPLE OF WIDESPREAD AND AT TIMES UNDOCUMENTED USE OF ASBESTOS IN CALIFORNIA CONTRIBUTING TO MESOTHELIOMA RISK

In an effort to frustrate the legal claims of patients suffering from mesothelioma, an incurable cancer caused by asbestos, and their families, often times defendants in asbestos related lawsuits attempt to claim that there is no record of asbestos being used at their industrial facility. The tactic is employed when a defendant tries to assert that any records documenting the use of asbestos at the site were destroyed decades ago and long time employees have no knowledge related to the use of the fiber. Thus without any documentary evidence of asbestos use at the site, the defendant asserts the plaintiff cannot prove that the defendant's negligence caused the plaintiff's mesothelioma. The corporate lack of knowledge strategy can be very effective in an asbestos case, as the latency period between asbestos exposure and occurrence of mesothelioma can be decades.
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But recent events near Bakersfield, California, highlight perhaps one of the best arrows in the plaintiff's quiver, who is seeking to pierce the corporate lack of knowledge defense strategy: the site inspection.

When structures and facilities are still in existence, where an individual claims to have been exposed to asbestos in the past, having an expert inspect the site can lead to the discovery of exact locations, and the types of asbestos fiber present at the facility.

Inspections for asbestos containing materials can even lead to the identification of asbestos used at locations where for whatever reason, it was unknown to current employees that asbestos was present at the facility. Two such examples of this circumstance occurred recently within the last few weeks in the Bakersfield area.

Last week, during a routine facility maintenance inspection, asbestos containing materials were discovered at Ira J. Chrisman Wind Gas Pumping Plant. Officials alerted the press, as the asbestos containing materials unfortunately were discovered after being disturbed at the water handling facility.

When asbestos fibers are disturbed, and become free in the air, they become a dangerous public health threat. Experts indicate if you can see asbestos dust, you are more than likely breathing a dose of asbestos that is considered unsafe by Environmental Protection Agency standards, and can be cancer causing.

The release of asbestos fibers the Chrisman plant followed the identification of asbestos containing materials at the John R. Teernick Wheeler Pumping Plant in Bakersfield. Inspectors went to the Chrisman plant as a result of finding the asbestos containing materials at the Wheeler plant.

Now investigators are planning a much more thorough inspection at both facilities to determine the extent of the contamination, and to construct a plan as to how to remove the deadly fiber.

The examples of the Chrisman and Wheeler plant highlight the importance of performing site inspections in an asbestos related lawsuit, when a client suffering from mesothelioma is certain that they used an asbestos containing product at a site, even when the defendant claims that have no records or knowledge of such facts. Further, there may be circumstances when a client is uncertain whether or not the material they used at a facility contained asbestos, but the physical description of the material makes it reasonable for a site inspection to occur, so the material can be sampled and tested.

If you are a person suffering from mesothelioma, or an asbestos related disease, you should not be discouraged from seeking justice for your injuries in the legal system, because you fear the individual or entity at fault for your exposure to asbestos will claim otherwise. There are many ways that skilled plaintiff's attorneys will be able to obtain the evidence you need to prove your claim.

Continue reading "BAKERSFIELD CONTAMINATION EXAMPLE OF WIDESPREAD AND AT TIMES UNDOCUMENTED USE OF ASBESTOS IN CALIFORNIA CONTRIBUTING TO MESOTHELIOMA RISK" »

February 15, 2012

California Mesothelioma Attorney Warns of Public Health Threat Posed By Asbestos Found in Buildings of Los Angeles Area College Campus

College students in the Los Angeles, California area this year, are now being asked to keep track of more than just their studies as they attend classes at California State University Northridge. They are also being expected to know how to identify and avoid toxic asbestos containing materials recently located on campus, which could cause their death many years after they have graduated. A report released in January by the California State University Northridge environmental health & safety department indicates that there are still eighteen buildings on campus contaminated with asbestos-containing construction materials. The report was released in satisfaction of the University's requirement to notify the public annually of locations of asbestos under the California Health and Safety Code.
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The California State Legislature adopted the public notification requirement in the California Health and Safety Code in response to the public health threat posed by asbestos. Every year thousands of people are diagnosed in the United States with mesothelioma, an incurable cancer caused by exposure to asbestos fibers released from asbestos containing insulation and construction products. A majority of these products were manufactured, sold, and distributed prior to the 1980's, however asbestos use is still not banned in the United States. In fact, in 2010, the use of asbestos in the United States increased, as compared to 2009 figures. Disturbingly, mesothelioma and other asbestos related diseases do not appear in patients until decades after the victims inhaled the asbestos fibers.

Alarmingly though, despite the fact that University California State Northridge has identified locations of the asbestos containing materials, in proximity to its student body, it currently has no plans to abate the asbestos and remove it. Rather, California State University Northridge is taking the position that as long as the asbestos is not disturbed or removed in an improper manner, it does not pose a hazard to the student population.

The University is advising the teachers and students to try to avoid drilling or punching holes, affixing objects to ceilings or walls, in locations identified in the report where asbestos is present.

According to California Mesothelioma Attorney, Mike Mandelbrot, of the Asbestos Legal Center in San Francisco, that's not realistic, and not enough.

"California State Northridge is playing Russian Roulette with the innocent lives of their students.", said Mr. Mandelbrot. "The University knows full well it cannot control whether any person who enters those contaminated building might disturb the asbestos containing materials and expose others who are present. Moreover, another earthquake certainly could dislodge the material. The health risk to the public far outweighs the cost of removing the asbestos containing materials. The University should start removing the material without delay."

According to California State University Northridge staff, after the Northridge earthquake of 1994, asbestos was identified and removed from some of the buildings on campus during the renovation projects.

The current study identified the asbestos containing materials during building inspections wherein material samples were collected. Later a laboratory analysis of the material were performed meeting testing standards set by the National Institute for Occupational Safety & Health and Environmental Protection Agency.

Specifically, the asbestos containing material found on campus included floor and ceiling tiles, thermal pipe insulation, weather stripping, putty, and asbestos containing pipes commonly referred to as transite.

Continue reading " California Mesothelioma Attorney Warns of Public Health Threat Posed By Asbestos Found in Buildings of Los Angeles Area College Campus" »