Blog

Posts tagged ‘RJ Abernathy’

New York Knicks Game Cancelled Due to Asbestos Scare

Posted on December 6th, 2010 by RJ Abernathy

The November 2nd, 2010 NY Knicks game against the Orlando Magic was postponed because workers cleaning the rafters of Madison Square Garden dislodged some materials that were thought to be asbestos. The owners of the Garden took quick and decisive action to ensure the safety of their employees and customers by calling in specialists to determine whether the material was hazardous. No asbestos was found and the Garden re-opened the following day.

The lesson here is that the owners of the Garden put safety over profits. Unlike many other businesses both now and in the past, they didn’t try to “sweep this under the rug” and expose their workers and customers to asbestos. Many workers today are still exposed when their employers force them to remove and clean up old asbestos floor tile or insulation without the proper equipment to save a few dollars. In these difficult economic times, workers are often forced to jeopardize their health to keep their jobs. Unfortunately, many of our clients faced that same choice throughout their careers; working in unsafe and hazardous situations to provide for themselves and their families. Kudos to the Madison Square Garden officials who decided to place safety above profits.

To learn more or discuss your Mesothelioma case, contact RJ Abernathy.

Related post:  Why RJ became an Asbestos Attorney: RJ Abernathy – An Introduction.

Asbestos has not been banned in U.S.

Posted on September 24th, 2010 by RJ Abernathy

After I tell someone that I represent men and women who have been injured by asbestos exposure, the next question is always, “Asbestos has been banned for so long, how can anyone still be getting sick from it?”  The truth is asbestos use has never been fully banned in the United States.   The importation and use of asbestos has been banned in 52 other nations however, including the entire European Union.  Some studies suggest that the annual world production of asbestos is still close to 2 million tons annually. 

The EPA attempted to universally ban the use of asbestos in 1989.  Court challenges led to the overturning of the EPA’s action, leaving only some of the uses banned, while clearing the way for the continued use of asbestos in some products.  Asbestos cannot be used in the production of paper products, flooring felts for linoleum sheeting, wallboard patching products such as spackle and joint compounds or in gas fireplaces.  Products in which asbestos can still be used include automotive brake pads, gaskets and automatic transmission parts as well as some construction materials. 

Most U.S. companies have now found other materials to use in the place of asbestos in their products voluntarily for fear of future litigation.  Asbestos products can still be sold in the U.S. but rarely are, and are largely limited to auto and aircraft brakes and gaskets and these products are primarily imported into the U.S.  We have seen an increase in other potentially harmful products being imported from other countries.  Over the past several years products such as contaminated Chinese drywall and lead paint tainted children’s toys have been shipped to the United States.  Because the Courts and Congress have failed to ban the use of asbestos entirely, the potential health hazard from asbestos containing products remains a reality.

To learn more or discuss your Mesothelioma case, contact RJ Abernathy.

Related post:  Why RJ became an Asbestos Attorney: RJ Abernathy – An Introduction.

Reserve Sympathy For Asbestos Victims, Not Fallen Profiteers

Posted on April 29th, 2010 by RJ Abernathy

A recent article published by an arm of the US Chamber of Commerce noted that another company “collapsed” under the weight of asbestos claims.  According to this article, 89 such companies have “collapsed” since 1982.  In the latest case, Durabla Manufacturing sold products containing asbestos well into the 1980’s, long after asbestos was recognized as a dangerous and deadly material.

A closer look at the other 88 “collapsed” companies reveals that not only have many of these companies remained in business, but many of them thrived after ‘going bankrupt.’  Walk into any Home Depot or Lowe’s home improvement stores and you will find a large percentage of these “collapsed” companies’ products on the shelves.  For example, the Pink Panther didn’t lose his job when Owens Corning went bankrupt.  Dick Cheney’s former employer, Halliburton, never missed a beat over the past seven years during the Iraq war since filing for bankruptcy protection due to its subsidiaries asbestos liabilities.

In another case, W.R. Grace filed for bankruptcy protection in 2001, even though it has annual sales of nearly 3 billion dollars.  In 2005, the United States Department of Justice filed criminal charges against Grace, including counts for fraudulent transfers of nearly 5 billion dollars just prior to the bankruptcy filing.

In other cases, I think it is hard to argue that these companies should not have “collapsed.”  The miners, manufacturers and purveyors of raw asbestos fibers should have been out of business sooner than they were.  If these companies had heeded the scientific and medical warnings in the 1930’s, 40’s, 50’s, 60’s or 70’s, maybe some of the victims who suffered needlessly would have been spared.  Perhaps these companies would still be in business had they only listened to their own insurance companies rather than their accountants back in the 1930’s and 40’s.  Perhaps these companies would still be around had they worked harder at developing safe substitutes rather than marketing asbestos as the miracle mineral for over 40 years.

So before we break out the black armbands and head out to candlelight vigils for yet another “collapsed” asbestos company, remember that the majority of these “bankrupt” companies are still manufacturing and selling products, still earning and delivering profits for their shareholders.  Please don’t pity a company that chose its course. Instead, let’s remember those folks who were never warned of the dangers of asbestos until many years after these ticking time bombs were inhaled into their lungs.  Let’s remember the men and women who worked for five or ten bucks an hour in dirty and dusty jobs, not the corporations that continue to profit after being relieved of the responsibilities they owe to these men and women who built America.

These companies had a chance to head off asbestos litigation 60 or 70 years ago.  These companies gambled that profits would exceed liabilities.  Thanks to favorable corporate bankruptcy law, in most cases, they bet correctly.

To learn more or discuss your Mesothelioma case, contact RJ Abernathy.

Related post:  Why RJ became an Asbestos Attorney: RJ Abernathy – An Introduction.

RJ Abernathy – An Introduction

Posted on November 29th, 2009 by RJ Abernathy

As this is my first blog post, I thought I would use it to explain a little more about myself and how I came to be an asbestos lawyer. I began working as a laborer with Laborers’ Local 100 in East Saint Louis, Illinois while I was still in high school. For the next twenty plus years, I worked on highways and bridges, commercial buildings and industrial facilities in and around St. Clair and Madison counties. My family has always been a big part of Local 100, my dad and two of his brothers all worked for many years out of Local 100. Even today, I have seven cousins who are members of and work each day out of the Local.

I have also always been someone who enjoys giving my time to others. While a member of Local 100, I served as a delegate to the Southwestern Illinois Building and Construction Trades Council for nine years. With this group, the delegates from the various trades worked to help increase the percentage of jobs that union contractors were awarded. We also strove to maintain and encourage better cooperation on the jobsites between and among the various trades.

My wife and I, along with several other dedicated souls, ran the Fairview Heights Khoury League from 2001-2004. As President of the youth sports league, I worked hard to increase the number of kids playing baseball, softball and T-Ball. I enjoyed my time spent as the president of the league, and continue to coach my son’s team even now.

I also believe that the community in which you live can only be improved through direct involvement of its residents. I jumped at the chance to join the Fairview Heights Zoning Board of Appeals. On this volunteer board, we hear from other residents and business owners who seek variances from the development code. In this position, I have a chance to help ensure the stability of our property values by ensuring that the ordinances are followed or helping a resident or business owner secure a variance when it is warranted.

Lastly, I would just like to let everyone know that the best part of my job is getting out of the office and meeting with our clients and prospective clients, discussing their problems with them and offering them potential solutions. The people I speak with and work for are all hardworking men and women who are often going through the worst time of their lives. It is an awesome and humbling responsibility when they place their trust in me as their lawyer.

To learn more or contact this author, RJ Abernathy, click here.