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Monthly Archives: December 2011
‘Passengers of Size’ Seek Sizable Refund
A class action lawsuit filed on behalf of obese passengers who had to pay for two seats because of their size or because they needed to travel with a medical attendant, the Economist reported on December 14, 2011. The suit is asking Air Canada to return the money spent on second seats by passengers who flew between December 5, 2005 and December 5, 2008, and is seeking punitive and moral damages for each member of the suit in addition to legal costs. According to the Economist, the Canadian Transportation Agency “implemented a one-person one-fare policy for people with disabilities—including those who are obese—who require an extra seat for an attendant or themselves on flights within Canada operated by Air Canada, Air Canada Jazz and WestJet.” That policy came after a 2006 Federal Court of Appeal ruling that an obese person can be “considered disabled for the purposes of air travel if unable…
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Secondhand Mesothelioma Is Rare, But ‘Not Unheard Of’
Phyllis Millson never handled asbestos in her life but died from mesothelioma on October 21, 2011. A coroner ruled that Phyllis actually contracted the cancer from dust on the overalls of her husband of more than 60 years, Howard, the Reading Post reported on December 15, 2011. According to the Post, Millson would shake the dust off her husband’s clothes every day before laundering them, exposing her to the harmful fibers. The couple married in 1950 when Howard was working as a carpenter before moving and he began work renovating and maintaining buildings—work the Post said would frequently bring him into contact with asbestos. Berkshire coroner Peter Bedford told the Post it was “unusual for anyone to contract mesothelioma in this way – especially when Mr. Millson had not – but that it was not unheard of.” Dr. Christopher Davies also said it was rare for someone to contract cancer…
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Posted in Mesothelioma
Tagged asbestolux, asbestos, berkshire, dallas litigation attorneys, mesothelioma
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Wal-Mart Settles (Different) Landmark Class Action Lawsuit
When people hear about a class action lawsuit involving Wal-Mart, most would immediately think of the Dukes v. Wal-Mart Stores, Inc. sexual discrimination lawsuit that was the largest civil rights class action suit in U.S. history. While the U.S. Supreme Court infamously ruled in June that the plaintiffs did not have enough in common to constitute a class, the American Association of Retired Persons (AARP) reported on December 12, 2011, that the retailer has settled a different class action lawsuit. The company settled a $13.5 million lawsuit alleging that Wal-Mart, along with Bank of America’s Merrill Lynch unit, passed along “unreasonably high fees and expenses” to the company’s 2 million workers, according to AARP. The article said the settlement is considered a legal landmark “because [Wal-Mart] provides one of the largest 401(k) plans in the world and is the nation’s largest private employer, with more than $400 billion in annual…
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WWII Veteran and Pearl Harbor Survivor Dies From Mesothelioma at 88
Earlier this month, in conjunction with the 70th anniversary of the attacks on Pearl Harbor, we wrote a blog post about World War II veteran Frank Curre, another of the one-third of mesothelioma sufferers who are military veterans. Unfortunately, the Waco Tribune-Herald reported on December 1, 2011, that Curre died exactly 70 years after surviving that Japanese attack and after battling mesothelioma for more than a year. He was 88 years old. While Curre attributed the cancer to his military service from that bygone era, the ailment never affected his patriotism. Robert Carter, commander of the William B. Moody Memorial VFW Post 2034 where Curre was a member, told the Tribune-Herald, “He loved America, and he loved his uniform, and he couldn’t stand for anybody to talk bad about it. He would be the first one to tell you to shut up if you did.” Carter told the Tribune-Herald that he…
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