_ap_ufes{"success":true,"siteUrl":"friableasbestos.com","urls":{"Home":"http://friableasbestos.com","Category":"http://friableasbestos.com/category/current-asbestos-news/","Archive":"http://friableasbestos.com/2015/04/","Post":"http://friableasbestos.com/asbestos-firms-ready-to-fight-silvers-slanted-legal-system/","Page":"http://friableasbestos.com/effect-asbestos-mesothelioma/","Nav_menu_item":"http://friableasbestos.com/69/"}}_ap_ufee

July 17, 2018

Asbestos NHS costs law overruled

BBC News – Asbestos NHS costs laws overruled by Supreme Court

AM Mick Antoniw says he is ‘absolutely gutted’ by the rejection of the bill


Related Stories

Firms in Wales whose staff are treated for asbestos-related illnesses will not be ordered to reimburse the NHS.

The Supreme Court agreed with insurers who claimed an assembly law passed in 2013 was outside its competence.

The court said Welsh ministers had no right to impose charges to fund the NHS, and insurers should not be given extra liabilities for asbestos exposure which long predated the bill.

The Association of British Insurers (ABI) welcomed the judgement.

“The Welsh Bill would have seen increased insurance premiums for Welsh businesses but no extra compensation for mesothelioma sufferers,” said a spokesperson.

“The insurance industry remains committed to doing all it can to help the victims of this terrible disease and would be happy to work constructively with the Welsh Government on this issue, as it does on other public policy.”

‘Clarity’ call

Pontypridd AM Mick Antoniw, who first proposed the bill, said he was “gutted” at the ruling, having predicted the measure could have raised £1m a year for the NHS in Wales.

The bill had been referred to the Supreme Court by the Welsh government’s Counsel General Theodore Huckle following objections from the insurance industry.

Lung scan showing cancerThe law could have raised £1m a year for the health service, Mr Antoniw claimed

The Welsh government said it would give “careful consideration to this judgment”.

Presiding Officer Dame Rosemary Butler called for “greater clarity” so everyone understood what laws the assembly could pass.

The Supreme Court has previously ruled in favour of the assembly on changes to local government by-laws and the re-establishment of the Agricultural Wages Board which had been abolished by the UK government.

More on This Story

Related Stories

The BBC is not responsible for the content of external Internet sites

  • The strange experiment on UK’s 720ft airship


  • Who could replace Jon Stewart on The Daily Show?


  • How murder in US sparked global anger


  • How to stop trolls stealing your online identity Newsbeat


  • The Indian buffalo that gets visitors from all over the world






View article:  

Asbestos NHS costs law overruled

Secrecy Crumbling As Judge Gives Ford, Insurers Access To Asbestos Files

The wall of secrecy plaintiff attorneys have erected around asbestos claims has begun to crumble, as a judge in North Carolina granted Ford Motor Ford Motor Co.’s request to see forms filed in a prominent bankruptcy case as a way to ferret out suspected fraud and double-dipping.

In an order today, Judge George R. Hodges rejected efforts by plaintiff attorneys to keep the documents in the Garlock Sealing Products bankruptcy sealed, saying the so-called Rule 2019 filings are “public records available for examination.” Ford was joined by Volkswagen, Honeywell, Crane, and AIG and two other insurers in seeking the records, which those companies say may show that people who sued them for asbestos exposure made conflicting claims about how they were exposed when seeking money from the bankruptcy trusts.

The order represents a breakthrough for solvent companies that complain they are the victims of a one-two strategy where plaintiff lawyers craft lawsuits accusing them of causing their clients’ asbestos disease, then make completely different claims to trusts set up by companies that were driven into bankruptcy over asbestos liability. As more and more companies enter bankruptcy, plaintiff lawyers have targeted companies like Ford and Volkswagen with questionable allegations that previously wouldn’t have carried much weight in court, or been worth much in settlement negotiations.

Plaintiff lawyers target car manufacturers because they sold vehicles with brake pads containing asbestos. Epidemiological studies have failed to show that car mechanics have higher levels of mesothelioma, the cancer most closely associated with asbestos exposure, so Ford has an interest in showing that plaintiffs suing it for such cancers have claimed exposure to more dangerous substances elsewhere.

Insurers also want access to the records to pursue subrogation claims against people who collected settlements for asbestos-related disease while also tapping insurance policies to pay the medical costs associated with it.

English: Ford Mustang GT (racing GT car). Speeding to the courthouse for asbestos records? (Photo credit: Wikipedia)

In his order, Hodges granted Ford and the other companies access to the claims plaintiffs made against Garlock, including names and the last four digits of the plaintiffs’ social security numbers. He denied access to the retention agreements with their lawyers, which may show questionable fee-splitting arrangements but also could be covered by the attorney-client privilege.

The ruling is a defeat for plaintiff lawyers who argued that the filings with bankruptcy trusts weren’t public documents or contained confidential information.

Normally 2019 filings are public like any other judicial record, but asbestos lawyers in the early 2000s convinced judges to seal their filings for a variety of reasons. Chief among them: The records might reveal confidential “commercial information,” such as fee arrangements, that would hurt their business. Not only would potential clients be able to play one law firm off against another for lower fees, but the records might reveal fee-splitting arrangements that violate ethics rules in most states. Lawyers are not supposed to get fees for referring clients unless they do significant legal work on the case, but the practice is common in the industry where lawyers draw in clients with TV and Internet ads and then hand them off to firms that focus on litigation and settlement.

The lawyers also said the filings contained confidential medical information, but that argument is undermined by the fact they freely supplied the information for years before seeking to seal 2019 records, and plaintiffs must make all the same information public when they sue. Manufacturers and insurers got additional help last month after the Fourth Circuit Court of Appeals, which will consider any appeals in the Garlock case, ordered records in a federal consumer safety investigation unsealed.

Not many people asked for 2019 files until Garlock was driven into bankruptcy in 2010 by the escalating demands of asbestos plaintiff lawyers. The company had been settling asbestos claims for small amounts for years because its products contained a type of asbestos believed to be 1/1000th as dangerous as the long-fiber amphibole asbestos in insulation, and it was sealed in plastic. A plaintiff who took such a case to trial would have a hard time establishing the legal level of proof to win any damages. The Sixth Circuit Court of Appeals threw out a $500,000 jury verdict against Garlock on this basis in 2011, saying that to blame a pipefitter’s mesothelioma on Garlock gaskets would “be akin to saying that one who pours a bucket of water into the ocean has substantially contributed to the ocean’s volume.”

By gaining access to Garlock’s files, companies like Ford will have more ammunition to mount similar defenses against asbestos claims. Garlock also has records of claims filed with trusts established by other bankrupt companies but people close to the case told me there will likely be more litigation over whether they are public records available for examination.

Garlock’s bankruptcy involves most of the major asbestos law firms and probably contains a significant percentage of the active asbestos plaintiffs in the U.S. The documents therefore could provide a valuable database for defendant companies to match up plaintiffs against their claims in multiple venues.

View article:  

Secrecy Crumbling As Judge Gives Ford, Insurers Access To Asbestos Files

Chain-Smoking Congresswoman's Asbestos Suit Shows New Trend

Beschreibung: Konventionelles Rntgenbild des ...

Uh-oh. (Photo credit: Wikipedia)

If anybody should understand what caused her lung cancer, it’s New York Congresswoman Carolyn McCarthy. The 69-year-old Democrat spent 30 years as a nurse before being elected to the U.S. Congress, and reportedly was a heavy smoker for more than 40 years.

Yet McCarthy is suing more than 70 asbestos companies to pay for her cancer, saying she was actually sickened by asbestos fibers carried home on the clothes of father and brothers, who worked on navy ships and in utilities.

McCarthy’s suit has drawn well-deserved criticism, both for the implausibility of her claims and because her lawyers are the politically connected firm of Weitz & Luxenberg, which employs the speaker of the New York General Assembly, Sheldon Silver. Odds are most of the companies she’s suing will settle for that reason alone.

But McCarthy also illustrates a potentially disturbing new trend for both corporate defendants and the true victims of asbestos-related disease. Having exhausted the pool of mesothelioma claimants, plaintiff lawyers are turning to lung cancer again, reviving a strategy that fell into disuse after courts started removing cases not directly claiming asbestos disease from the docket. They’re filing thousands of cases on behalf of smokers who claim that stray asbestos fibers, not cigarettes, made them sick.

If the strategy works, plaintiff lawyers will succeed in draining bankruptcy trusts set up for the benefit of asbestos victims, leaving less money for people with mesothelioma and asbestosis, which are both directly linked to asbestos exposure. It may even set up a conflict between lawyers who pay millions of dollars for TV and Internet advertising to get the 2,500 or so patients diagnosed with mesothelioma each year, and higher-volume law firms representing lung cancer plaintiffs.

Lung-cancer claims in Madison County, Ill. and Delaware, two of the most active venues for asbestos litigation, have more than doubled since 2010, to more than 600 a year in each court system, according to a new article in Mealey’s Asbestos Bankruptcy Report. Southern California courts are also seeing an upturn. And an analysis of claims in the Philadelphia Court of Common Please found that 75% of the claimants suing over asbestos-related lung cancer revealed a smoking history, with three-quarters of them smoking at least a pack a day for an average of 39 years.

The report, by Peter Kelso and Marc Scarcella of Bates White Economic Consulting and Joseph Cagnoli, a partner with the defense firm of Segal McCambridge Singer & Mahoney, says lung-cancer claims have fluctuated up and down over the years, not because of changes in the rate of cancer — new diagnoses run around 200,000 a year in the U.S. and are declining steadily — but due to “changing economic incentives for plaintiff law firms.”

Lawyers made billions of dollars in the 1980s and 1990s by setting up mobile X-ray screening sites at union halls and other locations with concentrations of industrial workers, l0oking for claimants with lung scarring or other signs of asbestos-related disease. Because lung cancer is clearly caused by smoking, workers with cancer and a history of smoking were considered to have lower-value cases than n0n-smoking workers with asbestosis.

Using a time-honored strategy, lawyers bundled those weak and strong cases together, leveraging larger overall settlements than if the cases were presented separately. The most valuable cases have always involved mesothelioma, a cancer of the chest lining that is closely linked to asbestos exposure (although it clearly has other causes; the death rate has been rising in recent years despite a steep decline in industrial asbestos use since the 1970s.). In one example cited by the authors, G-I Holdings G-I Holdings settled 160,000 cases in the 1990s in groups of 250 or more, paying out two-thirds of the money to non-mesothelioma claimants.

So-called n0n-malignant cases plunged a decade ago after courts around the country stopped allowing them on their active dockets, thus removing them from the pool of cases lawyers could bundle for settlement. Non-malignant claims fell from 90% of claims and 50% of payments to 2% of settled cases. Mesothelioma grabbed the vast majority of the money from court settlements.

Since lawyers spent an estimated $500-$1,000 per plaintiff for mass screenings, the authors say, the decline of non-malignant claims made it less economically viable to perform mass screenings. One side effect was fewer lung-cancer claims.

But at the same time, many asbestos manufacturers declared bankruptcy and set up trusts, typically under the control of plaintiff lawyers, to pay out claims. Those trusts, now with more than $30 billion in assets, often provide “expedited review” that allows plaintiffs to collect small awards — $4,000 to as little as $250 — with minimal paperwork and no requirement to disclose smoking history.

The authors say the trusts have paid out $1.2 billion in lung-cancer claims since 2009, and estimate that each claimant might hit 20-30 trusts for payment, meaning as much as $106,000 for a case of lung cancer likely caused by smoking. That provides enough fee income for lawyers to start mass screenings again, the authors say. Out of 1,000 workers screened, lawyers could be expected to turn up 40 cancer claims worth about $3 million in fees after expenses, compared with perhaps 10 cases of asbestosis.

Without judicial mechanisms to more carefully vet these cases, they write, “there is nothing preventing plaintiff law firms from bringing mass quantities of meritless lung cancer cases against asbestos defendants.”

Originally from – 

Chain-Smoking Congresswoman's Asbestos Suit Shows New Trend

Chain-Smoking Congresswoman's Asbestos Suit Shows New Trend

Beschreibung: Konventionelles Rntgenbild des ...

Uh-oh. (Photo credit: Wikipedia)

If anybody should understand what caused her lung cancer, it’s New York Congresswoman Carolyn McCarthy. The 69-year-old Democrat spent 30 years as a nurse before being elected to the U.S. Congress, and reportedly was a heavy smoker for more than 40 years.

Yet McCarthy is seeking money from more than 70 asbestos companies, saying she was actually sickened by asbestos fibers carried home on the clothes of father and brothers, who worked on navy ships and in utilities.

McCarthy’s suit has drawn well-deserved criticism, both for the implausibility of her claims and because her lawyers are the politically connected firm of Weitz & Luxenberg, which employs the speaker of the New York General Assembly, Sheldon Silver. Odds are most of the companies she’s suing will settle for that reason alone.

But McCarthy also illustrates a potentially disturbing new trend for both corporate defendants and the true victims of asbestos-related disease. Having exhausted the pool of mesothelioma claimants, plaintiff lawyers are turning to lung cancer again, reviving a strategy that fell into disuse after courts started removing cases not directly claiming asbestos disease from the docket. They’re filing thousands of cases on behalf of smokers who claim that stray asbestos fibers, not cigarettes, made them sick.

If the strategy works, plaintiff lawyers will succeed in draining bankruptcy trusts set up for the benefit of asbestos victims, leaving less money for people with mesothelioma and asbestosis, which are both directly linked to asbestos exposure. It may even set up a conflict between lawyers who pay millions of dollars for TV and Internet advertising to get the 2,500 or so patients diagnosed with mesothelioma each year, and higher-volume law firms representing lung cancer plaintiffs.

Lung-cancer claims in Madison County, Ill. and Delaware, two of the most active venues for asbestos litigation, have more than doubled since 2010, to more than 600 a year in each court system, according to a new article in Mealey’s Asbestos Bankruptcy Report. Southern California courts are also seeing an upturn. And an analysis of claims in the Philadelphia Court of Common Pleas found that 75% of the claimants suing over asbestos-related lung cancer revealed a smoking history, with three-quarters of them smoking at least a pack a day for an average of 39 years.

The report, by Peter Kelso and Marc Scarcella of Bates White Economic Consulting and Joseph Cagnoli, a partner with the defense firm of Segal McCambridge Singer & Mahoney, says lung-cancer claims have fluctuated up and down over the years, not because of changes in the rate of cancer — new diagnoses run around 200,000 a year in the U.S. and are declining steadily — but due to “changing economic incentives for plaintiff law firms.”

Lawyers made billions of dollars in the 1980s and 1990s by setting up mobile X-ray screening sites at union halls and other locations with concentrations of industrial workers, l0oking for claimants with lung scarring or other signs of asbestos-related disease. Because lung cancer is clearly caused by smoking, workers with cancer and a history of smoking were considered to have lower-value cases than n0n-smoking workers with asbestosis.

Using a time-honored strategy, lawyers bundled those weak and strong cases together, leveraging larger overall settlements than if the cases were presented separately. The most valuable cases have always involved mesothelioma, a cancer of the chest lining that is closely linked to asbestos exposure (although it clearly has other causes; the death rate has been rising in recent years despite a steep decline in industrial asbestos use since the 1970s.). In one example cited by the authors, G-I Holdings G-I Holdings settled 160,000 cases in the 1990s in groups of 250 or more, paying out two-thirds of the money to non-mesothelioma claimants.

So-called n0n-malignant cases plunged a decade ago after courts around the country stopped allowing them on their active dockets, thus removing them from the pool of cases lawyers could bundle for settlement. Non-malignant claims fell from 90% of claims and 50% of payments to 2% of settled cases. Mesothelioma grabbed the vast majority of the money from court settlements.

Since lawyers spent an estimated $500-$1,000 per plaintiff for mass screenings, the authors say, the decline of non-malignant claims made it less economically viable to perform mass screenings. One side effect was fewer lung-cancer claims.

But at the same time, many asbestos manufacturers declared bankruptcy and set up trusts, typically under the control of plaintiff lawyers, to pay out claims. Those trusts, now with more than $30 billion in assets, often provide “expedited review” that allows plaintiffs to collect small awards — $4,000 to as little as $250 — with minimal paperwork and no requirement to disclose smoking history.

The authors say the trusts have paid out $1.2 billion in lung-cancer claims since 2009, and estimate that each claimant might hit 20-30 trusts for payment, meaning as much as $106,000 for a case of lung cancer likely caused by smoking. That provides enough fee income for lawyers to start mass screenings again, the authors say. Out of 1,000 workers screened, lawyers could be expected to turn up 40 cancer claims worth about $3 million in fees after expenses, compared with perhaps 10 cases of asbestosis.

Without judicial mechanisms to more carefully vet these cases, they write, “there is nothing preventing plaintiff law firms from bringing mass quantities of meritless lung cancer cases against asbestos defendants.”

Link to original – 

Chain-Smoking Congresswoman's Asbestos Suit Shows New Trend

House votes to increase asbestos claim disclosures

WASHINGTON (AP) — The House on Wednesday voted to tighten disclosure requirements from asbestos trusts set up more than 20 years ago to help pay billions of dollars in injury claims.

By 221-199, the House approved a measure requiring asbestos trusts that pay damages to current and future asbestos victims to publish detailed quarterly reports with bankruptcy courts. The information must include names of new claimants and how much money the trust has paid out, under the legislation.

House Republicans say the bill — backed by the business community and the Chamber of Commerce — would provide oversight to asbestos trusts and ensure funds are available for future victims.

Most House Democrats opposed the measure, citing privacy concerns. The bill is likely to die in the House. The Democratic controlled Senate has no plans to take up the bill and the White House on Tuesday said President Barack Obama would veto it.

Asbestos, a building material linked with cancer and other health problems, has been the subject of lawsuits awarding billions of dollars in damages. As health concerns became clearer, and the number of lawsuits swelled, companies forced into bankruptcy because of asbestos litigation transferred their assets and liabilities to trusts established to pay current and future asbestos victims.

At least 100 companies have gone into bankruptcy at least in part from liabilities tied to asbestos, according to a 2011 Government Accountability Office report. There are 60 asbestos trusts, with about $37 billion in assets, according to the GAO report.

Republicans say those trusts are ripe for fraud because of scant disclosure requirements.

Rep. Blake Farenthold, R-Texas, who wrote the bill, said more oversight is needed to prevent people from filing claims with multiple trusts, or fraudulent claims. Trusts are in danger of running out of money if nothing’s done, he said.

“We’ve got to protect this for future generations,” Farenthold said. “We simply ask that we know who is getting what out of these trusts.”

Democrats said the bill would subject asbestos victims to new privacy concerns because their name and the last four digits of their Social Security numbers would be public under the law.

“Every crook in the world with Internet access could use this information,” said Rep. Hank Johnson, D-Ga.

View post:  

House votes to increase asbestos claim disclosures

School asbestos sites top 125,000

To use this website, cookies must be enabled in your browser. To enable cookies, follow the instructions for your browser below.

Enabling Cookies in Internet Explorer 7, 8 & 9

  1. Open the Internet Browser
  2. Click Tools> Internet Options>Privacy>Advanced
  3. Check Override automatic cookie handling
  4. For First-party Cookies and Third-party Cookies click Accept
  5. Click OK and OK

Enabling Cookies in Firefox

  1. Open the Firefox browser
  2. Click Tools>Options>Privacy
  3. Check Accept cookies from sites
  4. Check Accept third party cookies
  5. Select Keep until: they expire
  6. Click OK

Enabling Cookies in Google Chrome

  1. Open the Google Chrome browser
  2. Click Tools icon>Options>Under the Hood>Content Settings
  3. Check Allow local data to be set
  4. Uncheck Block third-party cookies from being set
  5. Uncheck Clear cookies
  6. Close all

Enabling Cookies in Mobile Safari (iPhone, iPad)

  1. Go to the Home screen by pressing the Home button or by unlocking your phone/iPad
  2. Select the Settings icon.
  3. Select Safari from the settings menu.
  4. Select ‘accept cookies’ from the safari menu.
  5. Select ‘from visited’ from the accept cookies menu.
  6. Press the home button to return the the iPhone home screen.
  7. Select the Safari icon to return to Safari.
  8. Before the cookie settings change will take effect, Safari must restart. To restart Safari press and hold the Home button (for around five seconds) until the iPhone/iPad display goes blank and the home screen appears.
  9. Select the Safari icon to return to Safari.

Original source:  

School asbestos sites top 125,000

Avoid Quick-Buck Mesothelioma Lawyers Says Lung Cancer Asbestos Victims Center

asbestos lawyersThe Lung Cancer Asbestos Victims Center is now urging US Navy Veterans who have been diagnosed with mesothelioma, or any type of asbestos exposure lung cancer to contact them at 866-714-6466 for the names, and contacts for the nation’s leading mesothelioma, or asbestos exposure law firms, because these extremely skilled professionals get much better financial compensation results for their clients, than a cable TV mesothelioma marketing law firm, or a disingenuous Internet web site offering quick money for a mesothelioma claim.

// ]]>

The Lung Cancer Asbestos Victims Center says, “According to the US Centers for Disease Control US Navy Veterans make up about one third of the 3000 citizens, who will be diagnosed with mesothelioma this year. Unfortunately, there are no statistics that we can find with respect to lung cancer victims who were exposed to asbestos while serving in the US Navy, but we have to assume it is a big number.

If a US Navy Veteran has been diagnosed with mesothelioma, or asbestos exposure lung cancer we do not want them to fall for a cable TV mesothelioma marketing law firm, or an untruthful Internet web site suggesting quick cash for a mesothelioma claim, or other asbestos illnesses, because we are tired of seeing victims of mesothelioma, or asbestos exposure lung cancer being misled, and more often than not shortchanged. If you call us we will be honest with the victim, and or their family members.” If a diagnosed victim of mesothelioma, or a victim of any type of lung cancer had long term exposure to asbestos in their workplace the Lung Cancer Asbestos Victims Center will direct the victim, or family members to the most skilled, and capable mesothelioma, or asbestos exposure law firms in the nation, because these extremely experienced specialists really do get the best possible financial compensation settlements for their clients. For more information diagnosed victims of mesothelioma, lung cancer victims, or their family members are urged to call the Lung Cancer Asbestos Victims Center at 866-714-6466.

According to the Veterans Administration the states with the largest number of US Navy Veterans include California, Florida, Texas, New York , Washington, Virginia, Maine, Ohio, Pennsylvania, Illinois, Hawaii, New Jersey, Massachusetts, Rhode Island, North Carolina, Georgia, Louisiana, Missouri, Michigan, Maryland, Indiana, Wisconsin, Minnesota, New Mexico, Colorado, Montana, Nevada, North Dakota, Wyoming, Idaho, Oregon, and Alaska. http://LungCancerAsbestosVictimsCenter.Com

TheLung Cancer Asbestos Victims Center says, “Aside from the US Navy, other high risk workplaces for asbestos exposure include shipyards, power plants, manufacturing factories, chemical plants, oil refineries, mines, smelters, aerospace manufacturing facilities, demolition construction work sites, railroads, automotive manufacturing facilities, or auto brake shops. With mesothelioma, or lung cancer caused by asbestos exposure the cancer may not show up until decades after the exposure. As long as the victim, or their family members can prove the exposure to asbestos, we will do everything possible to help them get what might be significant financial compensation.” For more information please call the Lung Cancer Asbestos Victims Center anytime at 866-714-6466. http://LungCancerAsbestosVictimsCenter.Com

Last 5 posts by LawFuel Editors

This post has already been read 863 times!

From:

Avoid Quick-Buck Mesothelioma Lawyers Says Lung Cancer Asbestos Victims Center

Grace Announces Adjustment to Asbestos-Related Liability

COLUMBIA, Md.–(BUSINESS WIRE)–

W. R. Grace & Co. (GRA) announced today that it will adjust its
recorded asbestos-related liability to $2,065 million from the previous
amount of $1,700 million. Grace will report a $365 million non-cash,
pre-tax charge in its fourth quarter 2012 earnings. This non-cash charge
will have no impact on Adjusted EBIT or Adjusted EPS.

As discussed in the company’s November 9, 2012 teleconference with
analysts, an adjustment to the recorded amount is now necessary to
reflect the increased estimates of the settlement values of the warrant
and deferred payment obligation payable to the asbestos personal injury
trust under Grace’s plan of reorganization.

The company currently estimates the warrant’s value to be $490 million,
the maximum value under the company’s cash settlement agreement with the
asbestos trust. The cash settlement agreement was approved by the
bankruptcy court on December 17, 2012.

The company currently estimates the deferred payment obligation’s value
to be $547 million. The increase in the estimated value of the deferred
payment obligation reflects the company’s improved borrowing costs and
the expected timing of its bankruptcy emergence.

The non-cash charge of $365 million is lower than the range of $375
million to $475 million that the company had estimated in its November 9
teleconference.

The ultimate cost of settling the asbestos-related liability will be
based on the value of the consideration transferred to the asbestos
trusts at emergence and may vary from the current estimate.

The company will release fourth quarter 2012 earnings before market open
on February 6 and will conduct a conference call with analysts and
investors at 11:00 a.m. EST the same day. Conference call dial-in
instructions can be found at the Investor Information page
on the company’s web site at www.grace.com.

About Grace

Grace is a leading global supplier of catalysts; engineered and
packaging materials; and, specialty construction chemicals and building
materials. The company’s three industry-leading business segments—Grace
Catalysts Technologies, Grace Materials Technologies and Grace
Construction Products—provide innovative products, technologies and
services that enhance the quality of life. Grace employs approximately
6,000 people in over 40 countries and had 2011 net sales of $3.2
billion. More information about Grace is available at www.grace.com.

This announcement contains forward-looking statements, that is,
information related to future, not past, events. Such statements
generally include the words “believes,” “plans,” “intends,” “targets,”
“will,” “expects,” “suggests,” “anticipates,” “outlook,” “continues” or
similar expressions. Forward-looking statements include, without
limitation, all statements regarding Grace’s Chapter 11 case; expected
financial positions; results of operations; cash flows; financing plans;
business strategy; budgets; capital and other expenditures; competitive
positions; growth opportunities for existing products; benefits from new
technology and cost reduction initiatives, plans and objectives; and
markets for securities. For these statements, Grace claims the
protection of the safe harbor for forward-looking statements contained
in the Private Securities Litigation Reform Act of 1995. Like other
businesses, Grace is subject to risks and uncertainties that could cause
its actual results to differ materially from its projections or that
could cause other forward-looking statements to prove incorrect. Factors
that could cause actual results to materially differ from those
contained in the forward-looking statements include, without limitation:
developments affecting Grace’s bankruptcy, proposed plan of
reorganization and settlements with certain creditors, the cost and
availability of raw materials (including rare earth) and energy,
developments affecting Grace’s underfunded and unfunded pension
obligations, risks related to foreign operations, especially in emerging
regions, acquisitions and divestitures of assets and gains and losses
from dispositions or impairments, the effectiveness of its research and
development and growth investments, its legal and environmental
proceedings, costs of compliance with environmental regulation and those
factors set forth in Grace’s most recent Annual Report on Form 10-K,
quarterly report on Form 10-Q and current reports on Form 8-K, which
have been filed with the Securities and Exchange Commission and are
readily available on the Internet at
www.sec.gov.
Reported results should not be considered as an indication of future
performance. Readers are cautioned not to place undue reliance on
Grace’s projections and forward-looking statements, which speak only as
of the date thereof. Grace undertakes no obligation to publicly release
any revision to the projections and forward-looking statements contained
in this announcement, or to update them to reflect events or
circumstances occurring after the date of this announcement.

Contact:

W. R. Grace & Co.


Media Relations

Rich Badmington, +1 410-531-4370


rich.badmington@grace.com

or


Investor Relations

Mark Sutherland, +1 410-531-4590


mark.sutherland@grace.com

Original article – 

Grace Announces Adjustment to Asbestos-Related Liability

Asbestos school demolition advice

Uses of Asbestos

BBC News – Cwmcarn school asbestos: demolition suggested by contractor

Sixth formers were back in lessons in one of the school’s newer buildings


Related Stories

A specialist contractor has advised Caerphilly council to consider demolishing a school closed last week because of asbestos, it has emerged.

The 900-pupil Cwmcarn High School shut last Friday after workmen spotted the potentially hazardous material.

It partially reopened on Friday with sixthformers reporting to the performing arts centre in the morning.

Year 11 pupils return on Monday and Year 10 pupils on Tuesday. Lessons for other pupils resume on 5 November.

The locations for the remaining pupils’ lessons are still to be confirmed.

Caerphilly council has defended its actions in closing the school immediately on receipt of a structural report last Friday which identified asbestos.



The report recommended an immediate notice of prohibited access, although the risk to students and staff from fibres of damaged asbestos was said to be low.

The council has also revealed that the specialist contractors who wrote the report also advised it to “look at the abatement/demolition of Cwmcarn High School, due to the implicated costs of continuing to operate without further risk of exposure”.

The council estimates it would cost millions to remove the asbestos, but says it is considering all options.

The authority will hold a series of meetings with parents next week to provide a further update situation, including arrangements for pupils returning next month after the half-term break.

Officials and the school’s governing body are investigating a range of options for the children’s return to lessons, but it is not clear what the arrangements are.


Start Quote

They haven’t really addressed the problem – there’s still lots of questions to be answered”

End QuoteSally YamamotoParent

A statement on Friday from the school’s governing body and Caerphilly council said more than 100 sixthformers had attended lessons in the performing arts block in the morning.

It said: “Year 11 will return on Monday 22nd October and should report to the Performing Arts block at 8.30am.

“Year 10 pupils will be able to return to lessons at Cwmcarn High School on Tuesday 23rd October and should report to the Performing Arts block at 8.30am.

A special meeting of the council will take place on 23 October to discuss the issues.

The local authority has also provided guidance about the health issues relating to asbestos.

It said breathing it in may take some fibres into the lungs and breathing out will remove some, but a few fibres may be left in the lungs and, over time, as more fibres gather, this will increase the possibility that they may cause harm.

Cwmcarn High SchoolThe school shutdown without warning last Friday after asbestos was found in a structural survey

For these reasons, short term exposure to asbestos is not considered to be harmful, but there may be harmful effects of very long term exposure, the council said.

Parent Sally Yamamoto, whose daughter Nadia attends the school, said: “They haven’t really addressed the problem – there’s still lots of questions to be answered.

“But it’s not the school, it’s the local authority after all,” she added.

“The school have been really good at trying to get work out … I think they’ve really done their best.

“I think the LEA [local education authority] have some questions to answer.”

Education Minister Leighton Andrews announced on Tuesday that all schools in Wales must deliver reports on their asbestos levels by next week.

‘Massive issues’

He described the situation at Cwmcarn “difficult” and said councils had clear legal duties to do annual surveys.

Cwmcarn High SchoolMore than 900 pupils missed classes after Cwmcarn High School shut

The NASUWT teaching union said it was glad the matter was being taken seriously.

But it warned of “massive issues” about raising funds to remove the material at a time of education cuts.

Mr Andrews said Public Health Wales was providing a health-based risk assessment, and Caerphilly council was looking at a number of options to accommodate pupils as a priority.

NASUWT Cymru has asked the Health and Safety Executive (HSE) to investigate the discovery of asbestos at Cwmcarn.

The union said it wanted the HSE to confirm that correct procedures are adhered to.

The HSE has said it was looking to see whether there were grounds for a full investigation.

More on This Story

Related Stories

The BBC is not responsible for the content of external Internet sites

Weather

Cardiff

Sunday day weather

Sunny Intervals

  • Sunny Intervals
  • Max: 14°C
  • Min: 11°C
  • Wind: ENE 10mph

Elsewhere on the BBC

  • Gaby AmarantosBrazilian blend

    Gaby Amarantos on mixing rhythms and creating her unique style of music

  • Cyclists with a disability test Germany’s Romantic Road in a scenic adventure holiday





Source article: 

Asbestos school demolition advice

Asbestos report order to schools

Uses of Asbestos

BBC News – Cwmcarn asbestos: Report order to all Welsh schools

Mr Andrews said it was well known that many schools in Wales built between the 1950s and 1980s contained asbestos


Related Stories

All schools in Wales must deliver reports on their asbestos levels by next week, Education Minister Leighton Andrews has announced.

Mr Andrews made the decision after Cwmcarn High School in Caerphilly county closed unexpectedly because of asbestos concerns last Friday.

He called the situation at Cwmcarn difficult and said councils had clear legal duties to do annual surveys.

He also announced that Cwmcarn will partially reopen on Friday.

Mr Andrews said it was well known that many schools in Wales built between the 1950s and 1980s contained asbestos.


Start Quote

The health and safety of staff is of paramount importance”

End QuoteLeighton Andrews AMEducation Minister

However, asbestos did not pose a health threat if it undisturbed.

There was cross-party backing for the swift action taken by Caerphilly council to close the school once the risk was identified last Friday.

Opposition parties also called for the register of asbestos in school to be made public and a plan put in place to minimise the risk to pupils and staff.

“The health and safety of staff is of paramount importance,” said Mr Andrews.

Risk assessment

“Public Health Wales is providing a health-based risk assessment. The authority is looking at a number of options to accommodate pupils as a priority.

“There are contingency arrangements being put in place to secure the education for those young people,” Mr Andrews added.

The council said in a statement: “We are delighted to inform parents that Year 12 and 13 will be able to return to the school site on Friday and should report to the Performing Arts centre at 8.30am.


Start Quote

When a school of 900 pupils has had to close because asbestos was found in airborne particles, I think that people across Wales have a right to know if asbestos is a danger in their local school”

End QuoteKirsty Williams AMWelsh Liberal Democrat leader

“This newest part of the school is available for use and is separate from the rest of the school buildings.

“We will also accommodate Year 11 pupils at the site from Monday 22 October and they should also report to the Performing Arts centre at 8.30am.”

It was a “difficult decision” to close the school and a “range of options” were being investigated for the other age groups.

Earlier, a teaching union said it asked the Health and Safety Executive (HSE) to investigate the discovery of asbestos at Cwmcarn.

The 900-pupil school was shut late on Friday after a structural report identified the material.

Geraint Davies of NASUWT Cymru said he wanted the HSE to confirm that correct procedures are adhered to.

The HSE said it was looking to whether there are grounds for a full investigation.

Mr Davies told BBC Wales on Tuesday: “In simple terms this is a health and safety matter and the Health And Safety Executive provides independent advice on such matters.

“In view of the seriousness of what has happened at Cwmcarn it’s only fair to all concerned, be it teachers and ancillary staff, parents and pupils and indeed the council itself, for such independent advice to be available.”

An HSE spokesman confirmed: “We are looking into the issue of asbestos at the school. We have to see whether there are grounds for a full investigation.”

NASUWT spokesman Rex Phillips had earlier raised safety concerns, saying high levels of the material had been found throughout the building.

Airborne particles

He said staff and pupils at the school could have been exposed to airborne asbestos.

Mr Phillips said the problem was found when a company visited the school to carry out a survey on a boiler room.

He said the asbestos was found to be in airborne particles, with two-thirds of the school “inoperable”.

Earlier, Welsh Liberal Democrat leader Kirsty Williams called on the Welsh government to conduct a national audit of asbestos in schools.

“When a school of 900 pupils has had to close because asbestos was found in airborne particles, I think that people across Wales have a right to know if asbestos is a danger in their local school,” she said.

Pupils at the school have been given work to do at home via social networking sites such as Twitter.

More on This Story

Related Stories

The BBC is not responsible for the content of external Internet sites

Weather

Cardiff

Sunday day weather

Sunny Intervals

  • Sunny Intervals
  • Max: 14°C
  • Min: 11°C
  • Wind: ENE 10mph

Elsewhere on the BBC

  • Gaby AmarantosBrazilian blend

    Gaby Amarantos on mixing rhythms and creating her unique style of music

  • Cyclists with a disability test Germany’s Romantic Road in a scenic adventure holiday





Link:  

Asbestos report order to schools