Exposure to asbestos can cause Mesothelioma, a rare form of cancer, and Asbestosis, a noncancerous scarring of the lungs by asbestos fibers.
Asbestos products liability lawsuits have arisen most often from two situations: 1) claims brought against suppliers of raw asbestos fiber, where employees of manufacturers of asbestos products actually or allegedly had contracted asbestos-related diseases as a result of exposure to asbestos supplied to the manufacturer, and 2) claims against manufacturers of products brought where insulators and other asbestos workers allegedly or actually had contracted asbestos-related diseases as a result of exposure to the manufactured products.
The major defense put forward by companies sued for asbestos exposure was that the company was unaware of the dangers of asbestos, though this defense doesn't often prevail. Some manufacturers also contend that lung damage was caused by smoking, because asbestos and lung injuries are similar.
Asbestos law is a relatively new field of law. The first asbestos lawsuit was not filed until 1966. The first legal victory for an asbestosis sufferer was not until 1973. In the 1980s, however, during a wave of asbestosis cases, many companies began filing bankruptcies to avoid paying huge punitive damages. Within a few years, the entire asbestos textile industry was in bankruptcy, as were several major asbestos insulation manufacturers. Nevertheless, asbestos cases continued; instead of the manufacturers of asbestos bringing lawsuits, however, those exposed to asbestos began bringing lawsuits. Asbestos products were banned in the United States in 1989.
In more recent developments, by March 2003, the Supreme Court had ruled that mental anguish damages resulting from the fear of developing cancer may be recovered under the Federal Employers' Liability Act by a railroad worker suffering from the actionable damage asbestosis caused by work-related exposure to asbestos. However, emotional distress damages may not be recovered under the Federal Employers' Liability Act by disease-free asbestos-exposed workers
The U.S. Environmental Protection Agency (EPA) regulates the general public's exposure to asbestos in buildings, drinking water and the environment.
Saturday, December 8, 2007
Asbestos Law Overview
Posted by pipat 0 comments at 5:57 AM
Admiralty Law Overview
Admiralty or Maritime Law is a body of law governing navigation and shipping. Admiralty law is under the specific domain of federal law, created through Article III of the Constitution. Maritime Law governs not only U.S. tidal waters, but any waters within the United States used for navigation. Because Maritime Law is governed exclusively by the federal branch, states have no jurisdiction to legislate or govern maritime matters.
Under Admiralty law, a ship's flag determines what country has jurisdiction. Thus, an American ship flying an American flag off the coast of Africa, is still governed by American maritime law; similarly, a Russian ship on the coast of California would be governed by Russian maritime law. Nevertheless, an American court could still exercise jurisdiction over the Russian ship - the court could decide whether to apply Russian maritime law or refuse to exercise jurisdiction.
In general international maritime law is consistent among all countries.
Posted by pipat 0 comments at 5:51 AM
Desire-Force at the Center of the Law of Attraction - Law of Attraction Classics: WW Atkinson
By: Dr. Robert C. Worstell
You can do little by yourself in Life, be you ever so strong and able. Life is a complex thing, and individuals are interdependent upon each other for the doings of things.
One Individual, segregated from all the other Individuals, could accomplish little or nothing along the lines of outer activity.
He must form combinations, arrangements, harmonies and agreements with others, and in accordance with environments and things, that is, he must create and use the proper environments and things, and draw to himself others with whom he must form combinations, in order to do things.
And these persons, things and environments come to him -- and he to them -- by reason of this great Law of Attraction.
And the way he sets into operation this great Law of Attraction is by the operation of his Desire, and along the lines of Mental Imagery. Do you see the connection now? So be careful to form, cultivate and manifest the right Desires --hold to them firmly, strongly and constantly, and you will set into operation this great Law, which forms an important part of the Secret of Success.
Desire-Force is the motive power leading the activities of Life. It is the basic vital power, which animates the minds of living things and urges them forth to action.
Without strong Desire no one accomplishes anything worthy of the name -- and the greater the desire the greater will be the amount of energy generated and manifested, everything else being equal.
That is to say, that given a dozen men of equal intellect, physical health and mental activity -- equal in everything else except Desire, in short, the ones in whom the greatest Desire resides and is manifested will outstrip the others in attainment -- and of these winners the one in who Desire burns like an unquenchable flame will be the one who will Master the others by the force of his primitive elementary power.
Not only does Desire give to the man that inward motive which leads to the enfoldment of the power within himself, but it does more than this; it causes to radiate from him the finer and more subtle mental and vital forces of his nature, which, flowing forth in all directions like the magnetic waves from the magnet, or the electric waves from the dynamo, influencing all who come within the field of force. Desire-Force is a real, active, effective force of Nature, and serves to attract, draw and bring to a center that which is in line with the nature of the Desire.
The much talked of Law of Attraction, of which so much is heard in Mental Science and the New Thought, depends largely upon the force and power of Desire. Desire- Force is at the center of the Law of Attraction. There is a tendency in Nature to attract and draw to the center of a Desire the things which are needed to fulfill that Desire. One's ``own will come to him'' by reason of his natural force, which lies behind and underneath the entire phenomena of Mental Influence.
This being so, does it not become at once apparent why one who wishes to accomplish anything should be sure to create a strong Desire for it, and at the same time be sure to acquire the art of Visualization so as to form a clear Mental Picture of the thing Desired -- a clear mold in which the materialized reality may manifest? Have you ever come in contact with any of the great men of modern business life?
If you have seen these people in action, you will have become conscious of a subtle, mysterious something about them -- a something that you could actually feel -- a something that seemed to draw you to fit in to their schemes, plans, and desires almost by an irresistible force. These people are all people of the strongest kind of Desire -- their Desire-Force manifests strongly and affects those with whom they come in contact.
Not only this, but their Desire-Force flows from them in great waves, which occultists inform us soon manifests a circular, or whirlpool- like motion, swung round and around the center of the Desire -- these men become actual cyclones of Desire into which nearly everything that comes within its sweep is affected and swept into the vortex. Have we not evidences of this in the cases of all the great leaders of men -- can we not see the operation of that mighty law of attraction which brings to them their own?
We are apt to call this Will- Power, and so it is in a way, back and under the Will in such cases is to be found the ardent, burning Desire that is the motive force of the attractive power.
Posted by pipat 0 comments at 5:48 AM