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Directories Int'l Realty US Realty
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INSULTING INSULATION? Stuart Lieberman, Esq., Have you heard about the claims relating to an insulation product called Zonolite? While Zonolite insulation was not 100% asbestos, it may have contained asbestos and a lot of people are now worried. And yes, there are lawsuits that have been filed concerning this product. Several class action lawsuits have been filed against W.R. Grace & Co. The plaintiffs are asking for compensation for personal injury and property damage that they say is related to this product, a home insulation material manufactured by the company. Suits have been filed on behalf of all owners of homes in the United States in which Zonolite insulation has been installed. According to the company, Zonolite was used between January 1, 1963 to December 31, 1984. Published reports indicate the insulation is manufactured from an ore that is mined from the Zonolite Mountain in Jackson County, Montana. It is alleged by the plaintiffs that that ore also contained asbestos. The lawyers in these cases allege that Grace was aware that the ore contained asbestos but, they allege, did not reveal this to the public. There is also an allegation that in 1973 state health officials in Washington advised company officials to place a ''Caution--contains asbestos'' label on the product, but the company refused. More than 124,000 claims have been filed against the former asbestos manufacturer. Grace filed a petition for bankruptcy on April 2, 2001, and halted all pending litigation against the company. Grace has taken the position that this is safe product. It asserts that the asbestos was removed from the product during processing. It further asserts that air studies have demonstrated that the product is safe. I certainly do not know whether the product is safe. I assume that this matter will be explored through various experts in the pending lawsuits. Perhaps our understanding of these issues will be enlarged as the lawsuits proceed. Class action lawsuits are different than regular lawsuits because they can bind persons who may not even know that a lawsuit, potentially affecting their legal rights, has been filed. With these cases in the courts, owners of homes containing this product need to make informed decisions. Doing nothing may bind you to the results of the class action lawsuits. Or, if time remains, you may be able to opt out of the class and file you own separate lawsuit. While opting out might seem desirable, the cost of maintaining a separate complex litigation might be prohibitive. The award could be bigger, but the costs of the lawsuit may wipeout the lion's share of any gain. Is there Zonolite in your home? Or did you or a loved one come into contact with this product? If so, you may have certain legal rights that need to be examined. The best advice: consult competent legal counsel as soon as possible.
The information provided in this column is written by Stuart Lieberman,a practicing environmental attorney, and is for general information purposes only. It is not legal advice and should not be used in place of legal advice.
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