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Family of Navy Electrician's Mate Awarded $6.5M
Law Firm News | 2010/03/12 02:19

A Philadelphia jury has found Rockwell Automation Inc., sued as successor to Allen-Bradley Company, liable for the asbestos-related death of Navy electrician's mate, David Lanpher. The liability finding is the first-ever asbestos-exposure verdict against Rockwell.

The case was tried as a reverse bifurcated proceeding - a multi-phase trial that requires the jury to determine first if the plaintiff's mesothelioma was caused by asbestos exposure, and if so, what amount of damages is reasonable to compensate for pain, suffering, loss of consortium, and other circumstances related to the plaintiff's illness. In Phase I, defendants remain unknown to the jury, and plaintiff's counsel is not permitted to discuss or make recommendations about the scope or amount of the award.

Phase II, the liability hearing , occurs if the jury finds that the plaintiff's illness was indeed caused by asbestos exposure. In Phase II, the jury hears evidence about the asbestos-containing products identified by the plaintiff, and determines which - if any - manufacturers are responsible for the plaintiff's illness. This in turn, directs how many manufacturers are apportioned a share of the damages awarded in Phase I.

In Lanpher vs. Alfa Laval, Inc., the jury found Rockwell - the lone defendant at verdict - to be one of eight manufacturers responsible for Mr. Lanpher's asbestos exposure and subsequent mesothelioma. As such, Rockwell is responsible for one-eighth, or 12.5 percent, of the $6.5 million awarded to the Lanpher family.

Phase I concluded on February 19, 2010. The final verdict was delivered on March 5, 2010, at the end of Phase II.

Mr. Lanpher, an active and gainfully employed 71-year-old husband, father and grandfather, had reportedly been in perfect health prior to his diagnosis of malignant pleural mesothelioma in August 2007. He died on July 13, 2008 - less than one year later, and just one day after completing the video deposition in which he sharply recalled the types, names and brands of the asbestos-containing products that caused his illness and cut short his life.

Via video deposition, Mr. Lanpher recounted enlisting in the U.S. Navy in 1954. During his 20-year career as an electrician's mate, he worked in the engineering spaces of the USS Chemung, USS Randolph,  USS Remey, USS Brough, USS Dashell, USS Benewah, and USS Wright. His assignments required him to handle various engine parts and components, including asbestos-containing insulating boards and motor control units. He recalled cutting and filing parts, including asbestos-containing motor control units manufactured and sold by Allen-Bradley, and the dust that he regularly breathed in tight quarters. He was honorably discharged in 1973, and worked as an electrician in Phoenix, Arizona, until he became too ill to work in 2007.

Mr. Lanpher's wife, Pauline, and daughter and son-in-law, Nancy and Terry Perkins, traveled from Phoenix for the trial. The family was present during both Phase I and Phase II verdicts, and were relieved and satisfied with the trial's outcome.



Ginsburg endorses end to local judicial elections
Breaking Legal News | 2010/03/12 02:16
Supreme Court Justice Ruth Bader Ginsburg is endorsing an end to the election of judges at the state and local levels.

Ginsburg was speaking Thursday at a conference of female judges, many who are elected. She approves of the campaign by her former colleague, retired Justice Sandra Day O'Connor, to end judicial elections and the vast sums of money spent on those campaigns.

Ginsburg says that if there's one reform she would make, that would be it.



Ga.'s system to defend the poor still reeling
Law Center | 2010/03/11 08:32
Georgia's public defender system is still trying to recover its financial footing five years after a courthouse gunman racked up a $3 million taxpayer-funded defense tab on the way to his conviction.

The state's ailing system to defend the poor has struggled almost since its start in 2005, hamstrung not just by the costly Brian Nichols case but also because of the lukewarm support from legislators and a dismal economy.

The state now can't afford to pay to defend the accused in several capital punishment cases, leaving them waiting in jail for years before their trials start. Some, like Khan Dinh Phan, have appealed to the Georgia Supreme Court for help. They have asked that their cases be dismissed because the delays violated their right to a speedy trial.

Georgia has faced similar problems before. State legislators created the public defender system precisely because individual counties struggled to provide adequate legal defense for the poor. But prosecutors and defense attorneys say it may take drastic measures to recover from the Nichols' case, one of the statewide system's first high-profile tests.

Prosecutors said Nichols' defense should have cost about $500,000. But expenses ballooned with expert witnesses and attorneys fees. Nichols was spared death and sentenced to life in December 2008 for killing of a judge, a court reporter, a sheriff's deputy and a federal agent during the rampage.



Female teacher in teen sex case appears in court
Court Watch | 2010/03/11 08:31
A California middle school teacher who's reportedly wracked with guilt over an affair with a 14-year-old boy has been returned to jail following a brief court appearance.

Amy Victoria Beck had arrived in court with her lawyer on Wednesday for her arraignment, but it was postponed until March 25.

She is jailed in lieu of $175,000 bail. Her lawyer, Michael Williamson, says she wants to stay there for the time being to avoid the media.

Authorities say Beck arrived at Burbank police headquarters on Monday and said she was tormented with guilt.

Police say she confessed to having sex with one of her male students last year.

Prosecutors charged Beck with five counts, and she faces up to seven years in prison if convicted.



Mass. court upholds state gun-lock requirement
Breaking Legal News | 2010/03/11 08:30
The highest court in Massachusetts on Wednesday upheld the constitutionality of a state law that requires gun owners to lock weapons in their homes in a ruling applauded by gun-control advocates.

The case had been closely watched by both gun-control and gun-rights proponents.

Massachusetts prosecutors argued that the law saves lives because it requires guns to be kept in a locked container or equipped with a trigger lock when not under the owner's control. The Second Amendment Foundation Inc., however, cited a 2008 U.S. Supreme Court ruling that said people have a constitutional right to keep weapons for self-defense.

The state Supreme Judicial Court, ruling in the case of a man charged with improperly storing a hunting rifle in his Billerica home, unanimously agreed that the Second Amendment does not overrule the state's right to require owners to store guns safely.

"We conclude that the legal obligation safely to secure firearms (in the Massachusetts law) is not unconstitutional ... and that the defendant may face prosecution on this count," Justice Ralph Gants wrote.

The case involved Richard Runyan, whose mentally disabled son allegedly shot at a neighbor with a BB gun. The 18-year-old showed police where his father kept other guns, and the father was charged with improperly storing a hunting rifle under his bed.

Middlesex District Attorney Gerry Leone, whose office prosecuted Runyan, praised the court's ruling.



Pratt & Whitney to move quickly on court appeal
Law Center | 2010/03/10 09:37
Pratt & Whitney said Tuesday a federal appeals court granted the jet engine maker's request for an expedited appeal of a lawsuit it lost as it tries to move 1,000 jobs out of Connecticut.

The subsidiary of United Technologies Corp. filed five proposed issues in its appeal to the 2nd U.S. Circuit Court of Appeals of a Feb. 5 decision halting its plans to move engine repair jobs to Columbus, Ga., Japan and Singapore.

U.S. District Court Judge Janet C. Hall in Bridgeport ruled in favor of the Machinists union, which sued Pratt & Whitney to halt efforts to shift the jobs. The union said the company violated its contract with the union that requires it to make every effort to preserve jobs in Connecticut.

Among the issues Pratt & Whitney said it may raise is its contention that Hall was wrong in how she interpreted the definition of "every reasonable effort" to preserve jobs. Pratt & Whitney said it is not required to save jobs if it results in lower profit.

The company also said Hall substituted her own judgment for Pratt & Whitney's business judgment in how it measures profit and financial performance.

In a request filed last week, Pratt & Whitney said a decision is needed soon to avoid financial harm because the company plans to shut two Connecticut plants immediately after its union contract expires in December.

The court said the two parties may file legal papers in April and May and an appeal may be heard as early as the week of May 31.

A lawyer for the union would not immediately comment. The union's chief negotiator did not immediately return a call seeking comment.



Goldman Sachs group to appeal Shaw-Canwest deal
Business | 2010/03/10 09:36

Goldman Sachs Group Inc will ask a Canadian court on Wednesday to hear its appeal of a lower court decision allowing Shaw Communications Inc to buy the broadcast arm of bankrupt Canwest Global Communications Corp.

An Ontario Superior Court judge ruled on Feb. 19 that Shaw could acquire Canwest's television arm, putting a quick end to a last-minute bid for the assets, filed the night before by a consortium led by private equity fund Catalyst Capital and backed by Goldman.

The Catalyst consortium includes the Asper family, Canwest's founders. Leonard Asper was chief executive of Winnipeg, Manitoba-based Canwest, Canada's largest media group, until last Thursday when he stepped down to avoid potential conflict of interest concerns.

Goldman Sachs is a partner in Canwest's specialty TV arm after helping the media group acquire popular channels such as History Television and Food Network Canada from Alliance Atlantis in 2007 for C$2.3 billion.

It wants the Ontario Court of Appeal to set aside the deal that allows cable operator Shaw to buy the Canwest TV assets.



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