Trial Watch: Judge denies Change of Venue motion for W.R. Grace trial
by LibbyMT.com
February 18, 2009
On Tuesday (Feb. 17), two days before jury selection, attorneys for W.R. Grace filed a motion asking to have the trial moved out of Missoula because "inflammatory pretrial publicity" would make it impossible to find an impartial jury in western Montana. This is the second time the defense has asked for a change of venue for the trial. Judge Malloy denied a similar motion in September, 2005. He again denied the motion Wednesday, noting that the request could be renewed in the event that a fair and impartial jury could not be seated.
Related Links:
Malloy denies change of venue for Grace trial (By Dennis Bragg, KPAX, www.montananewsstation.com)
Of course everyone wants defendants to get a fair trial, but would moving this trial to a different town really allow for finding a pool of potential jurors that isn’t aware of this case, or of asbestos-related sickness problems? In this age of global instant news, how far away would the trial have to be moved to find jurors who haven't heard asbestos stories in the news? Eastern Montana? Next door to Wyoming? Across the country to Florida? We decided to do a quick Google News (http://news.google.com) survey of this past week to get a sample of what kind of asbestos-related stories are out in the national news that may be touching the lives of the average citizen. Below is the result of that quick scan and what we found for stories in the news just today searching on "asbestos".
St. Louis, Missouri: 2/18/09, MSNBC, "St. Louis asbestos case considered in US court " A federal judge is considering whether to sanction the city of St. Louis for violating clean air laws when it demolished subdivision homes to make way for a new airport runway. The attorney for residents argued the city of St. Louis put its own economic interests over the health of residents…
Madison, Wisconsin: 2/18/09, The Madison/St. Claire Record, Railroad worker claims asbestos-related disease A former Illinois Central Railroad Company employee has filed suit against the company, alleging he has contracted an asbestos-related disease because of his work for the railroad. The man worked for the railroad from 1946 until 1951 as a machinist apprentice and machinist, according to the complaint filed Feb. 13, 2009. Throughout his work in, on and around locomotive boilers, he was exposed to asbestos dust or fibers, the suit states. Because of his exposure, he claims he has contracted an asbestos-related disease, has suffered great pain, extreme nervousness and mental anguish and believes his illness is permanent in nature. He has also incurred medical costs, has sustained a loss of earnings, has experienced a diminished ability to render services, society, affection, counseling and support to his family and has experienced a shortened life expectancy, according to the complaint. He has also been impaired of his enjoyment of life, has a fear of contracting mesothelioma or another asbestos-caused disease and has an increased risk of developing one of these diseases, the suit states. Illinois Central Railroad Company was negligent by failing to warn the man of the true nature and hazardous effects of asbestos-containing products, according to the complaint, and was negligent by failing to provide him with safe and proper ventilation systems and by requiring employees to work with ultra-hazardous products. The man is seeking a judgment in excess of $50,000, plus costs and other relief the court deems appropriate.
Morrisville, Pennsylvania, 2/18/09, Bucks Local NewsAsbestos found at Morrisville middle, high school Students who attend the Morrisville Middle/Senior High School were sent home for a day because officials thought asbestos had been exposed in the building when an electrical contractor accidentally drilled through a tile which contained low levels of asbestos. Students were sent home because there could be airborne asbestos. An environmental abatement company isolated and cleaned hallways and vacuumed an adjacent worksite. Students returned to school the next day.
Victorville, California: 2/18/09, Victorville Daily Press, Asbestos, lead hold up Dr Pepper construction A lawsuit over discovery of asbestos and lead at the site of Dr Pepper Snapple Group’s bottling plant has held up construction. The suit claims Victorville didn’t adequately address state environmental requirements in cleaning the site after asbestos tiles and lead shot were found.
Gulfport, Mississippi: 2/18/09, SunHerald.com, City haul: Remove asbestos
Restoration of the Gulfport historic City Hall has been delayed due to the discovery of asbestos in the building. Removing the asbestos will cost about $42,000. Two of the councilwomen said they want to have all the asbestos taken out of the building, not just the areas that will be disturbed, to avoid the city being sued one day over any remaining asbestos.
Los Angeles, California: 2/18/09, PRNewswire, Cutting-Edge Asbestos Litigation Issues on Tap at Los Angeles Asbestos Conference A who's who of asbestos litigators will assemble for a 3-day conference March 9-11, 2009, in Los Angeles at the Beverly Hills Four Seasons Hotel to discuss emerging asbestos litigation trends and review what transpired in 2008. Topics to be discussed include cutting-edge emerging asbestos litigation issues such as Household Asbestos Exposures and the potential Liability of Raw Asbestos Fiber Suppliers. Recent household exposure verdicts and rulings as well as the science of these cases will be discussed. A frank discussion about potential defendants in raw asbestos fiber cases and the basis for liability is widely anticipated by attendees at this year's conference. The keynote speaker will be Erin Brokovich. Other subjects to be covered in the Emerging Trends in Asbestos Litigation conference include: a 2008 verdict and case valuation review; mesothelioma treatment update; heavy machinery asbestos exposure actions; premises liability actions; global asbestos claims issues; insurance coverage issues; working with the new asbestos trust framework and the role of bankruptcy trusts.
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