WEST VIRGINIA MESOTHELIOMA LAWYERS HELPING INJURED WORKERS & FAMILIES

WV LEGISLATURE NEWS

Written by on May 10, 2016 in Asbestos, blogs

Harvit & Schwartz was proud to represent the interests of injured workers at the West Virginia Legislature this last session. Unfortunately, some legislation that passed will limit the rights of injured workers.

SB 14 was a bill that essentially gives immunity to asbestos defendant Crown Cork. Crown Cork purchased Mundet in 1963. Both made bottle caps, but Mundet also sold asbestos insulation. Crown sold the asbestos side in the 1960’s but has been a defendant in suits for many years. It contended that is was only an “innocent successor”. The bill narrowly defines a so called “innocent successor” to really only cover Crown. The purchase must be pre 1968 and the successor must have never operated the asbestos business. This is not good for victims, but it is narrowly tailored and should only apply to the Crown Cork Company.

SB 545 relating to asbestos abatement on oil and gas pipelines does not affect current asbestos litigation. It provides for reduced requirements on such abatement or removal but requires wet down methods, an inspector and does not eliminate OSHA requirements. The alleged justification is that the asbestos in such pipe is encased and will not be dispersed if wet down methods are used.

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