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Asbestos Finally Banned in United States

We’ve been waiting nearly 50 years to type this: Asbestos is finally banned in the United States.

After decades of inadequate protections for workers, the EPA has finally banned the only remaining type of asbestos still imported into America. More than 50 countries have already banned the use of asbestos, which is known to cause several types of cancer including mesothelioma and ovarian cancer.

The asbestos in question, chrysotile, is used in a variety of products, including asbestos diaphragms, sheet gaskets, brake blocks, aftermarket automotive brakes/linings, other vehicle friction products, and some other types of gaskets. The use of asbestos has been declining as years progress.

Although there are several types of asbestos that occur naturally in the environment, only chrysotile had been used in the United States in recent years. In fact, raw chrysotile asbestos was imported into the United States as recently as 2022 for use by the chlor-alkali industry. Known as “white asbestos,” most consumer products that historically contained chrysotile asbestos have been discontinued.

RPWB attorneys have been helping asbestos victims with personal injury lawsuits against asbestos manufacturers for more than 40 years. Our work continues to hold the asbestos industry responsible for the estimated 40,000 asbestos-related deaths in the United States each year. With a verdict of $250 million, RPWB continues to hold the record for the largest single asbestos verdict in our nation’s history and we have helped workers in nearly every U.S. state and territory.

While the use of asbestos in new products is declining, it remains present in a variety of buildings throughout the country. Asbestos was widely used in construction through the 1970s and was used much longer than that in other industries.

The move by the EPA to implement the rule banning chrysotile asbestos will save lives, but unfortunately, due to the prevalence of asbestos and the long latency period for mesothelioma and lung disease, many people will continue to be diagnosed for years to come. In recent years, many people have come into contact with asbestos in talc products, including cosmetics, talcum powder and baby powder. Asbestos and talc occur naturally in nature, so there is a risk of contamination with talc products.

If you or a loved one has been diagnosed with mesothelioma, please contact us for a free, no obligation case review. All of our asbestos attorneys have devoted their careers to help asbestos victims.

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    With Sixteen Attorneys Named to Best Lawyers List, RPWB is the Top-Listed Product Liability and Class Action Law Firm in the State

    Sixteen RPWB attorneys were selected for the 2023 edition of The Best Lawyers in America® list for numerous practice areas including personal injury, product liability, mass tort, class action and medical malpractice litigation.

    This marks the sixth consecutive year in which RPWB is the top-listed plaintiff law firm in South Carolina for both product liability litigation and class action & mass tort litigation.

    RPWB member Beth Burke was selected as personal injury lawyer of the year in Charleston, South Carolina. In addition to working on medical malpractice and personal injury cases, Burke serves in the leadership of the national lawsuit against 3M for supplying military personnel with defective earplugs. She also represents Marine Corps veterans who developed cancer and other serious conditions after consuming contaminated water at Camp Lejeune between 1953 and 1987.

    Beth Burke is personal injury lawyer of the year in Charleston, S.C.

     

    Here is the full list of RPWB attorneys on the 2023 edition of The Best Lawyers in America®:

    Mount Pleasant, S.C.

    Nina Fields Britt – Mass Tort/Class Actions Litigation

    Beth Burke – Mass Tort/Class Actions, Personal Injury & Product Liability Litigation

    Jerry Evans – Mass Tort/Class Actions & Product Liability Litigation

    Kim Keevers Palmer – Mass Tort/Class Actions Litigation

    Greg Lofstead – Product Liability & Mass Tort/Class Actions Litigation

    Christiaan Marcum – Mass Tort/Class Actions & Product Liability Litigation

    Tom Rogers – Medical Malpractice Law & Personal Injury Litigation

    Hoyt Rowell – Healthcare Law & Mass Tort/Class Actions Litigation

    Chris Tuck – Mass Tort/Class Actions, Product Liability Litigation & Qui Tam Law

    Ed Westbrook – Mass Tort/Class Actions Litigation

    Bobby Wood – Mass Tort/Class Actions & Product Liability Litigation

    Charleston, S.C.

    Michael Brickman – Antitrust Law, Mass Tort/Class Actions & Securities Litigation

    Charles Patrick, Jr. – Mass Tort/Class Actions & Product Liability Litigation

    Aiken, S.C.

    Dave Butler – Personal Injury & Product Liability Litigation

    Ken Wilson – Personal Injury & Product Liability Litigation

    Edwardsville, Ill.

    Jena Borden – Mass Tort/Class Actions & Product Liability Litigation

    Ones to Watch

    Three younger attorneys at the firm are recognized as “Ones to Watch,” a distinction for up-and-coming attorneys.

    • Chuck Dukes is listed for antitrust law, commercial litigation, mass tort/class action litigation, personal injury litigation and product liability litigation.
    • Matt Nickles is honored for personal injury and product liability litigation.
    • TAC Hargrove was selected for commercial litigation following his work on litigation associated with the failed V.C. Summer nuclear expansion project.

    About Best Lawyers

    Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. More than 116,000 industry leading lawyers are eligible to vote (from around the world), and we have received more than 17 million evaluations on the legal abilities of other lawyers based on their specific practice areas around the world. For the 2023 edition of The Best Lawyers in America®, more than 12.2 million votes were analyzed. Lawyers are not required nor allowed to pay a fee to be listed; therefore, inclusion in Best Lawyers is considered a singular honor.

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      Top-Listed Firm for Personal Injury, Product Liability and Mass Torts

      RPWB is the top-listed plaintiff law firm in South Carolina for personal injury, product liability and mass tort litigation in the 2021 edition of The Best Lawyers in America®.

      In all, 14 RPWB attorneys were named Best Lawyers in their respective practice areas. Two other RPWB lawyers were named “Ones to Watch,” a designation for younger, up-and-coming attorneys.

      Also in the 2021 edition of Best Lawyers, two RPWB attorneys were honored as lawyers of the year in Charleston, SC.

      Elizabeth Middleton Burke honored for her work on product liability litigation. Burke is one of the leaders in the national product liability litigation against 3M for manufacturing faulty earplugs for service members.

      Thomas Rogers received the distinction for his work on medical malpractice cases

      RPWB’s Best Lawyers

      Jena L. Borden

      • Mass Tort Litigation / Class Actions – Plaintiffs

      Michael J. Brickman

      • Litigation – Securities
      • Mass Tort Litigation / Class Actions – Plaintiffs

      Nina Fields Britt

      • Mass Tort Litigation / Class Actions – Plaintiffs

      Elizabeth M. Burke

      • Mass Tort Litigation / Class Actions – Plaintiffs
      • Personal Injury Litigation – Plaintiffs
      • Product Liability Litigation – Plaintiffs

      J. David Butler

      • Personal Injury Litigation – Plaintiffs
      • Product Liability Litigation – Plaintiffs

      Jerry Hudson Evans

      • Mass Tort Litigation / Class Actions – Plaintiffs
      • Product Liability Litigation – Plaintiffs

      Gregory A. Lofstead

      • Mass Tort Litigation / Class Actions – Plaintiffs
      • Product Liability Litigation – Plaintiffs

      Christiaan Marcum

      • Mass Tort Litigation / Class Actions – Plaintiffs
      • Product Liability Litigation – Plaintiffs

      Kimberly Keevers Palmer

      • Mass Tort Litigation / Class Actions – Plaintiffs

      Charles W. Patrick, Jr.

      • Mass Tort Litigation / Class Actions – Plaintiffs
      • Product Liability Litigation – Plaintiffs

      Thomas D. Rogers

      • Medical Malpractice Law – Plaintiffs
      • Personal Injury Litigation – Plaintiffs

      A. Hoyt Rowell III

      • Health Care Law
      • Mass Tort Litigation / Class Actions – Plaintiffs

      T. Christopher Tuck

      • Mass Tort Litigation / Class Actions – Plaintiffs
      • Product Liability Litigation – Plaintiffs

      Edward J. Westbrook  

      • Mass Tort Litigation / Class Actions – Plaintiffs

      Kenneth J. Wilson

      • Personal Injury Litigation – Plaintiffs
      • Product Liability Litigation – Plaintiffs

      Robert S. Wood

      • Mass Tort Litigation / Class Actions – Plaintiffs
      • Product Liability Litigation – Plaintiffs

      RPWB’s ‘Ones to Watch’

      D. Charles Dukes

      • Antitrust Law
      • Commercial Litigation

      Matthew A. Nickles

      • Personal Injury Litigation – Plaintiffs
      • Product Liability Litigation – Plaintiffs

      Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. Almost 108,000 industry leading lawyers are eligible to vote (from around the world), and we have received over 13 million evaluations on the legal abilities of other lawyers based on their specific practice areas around the world. For the 2021 Edition of The Best Lawyers in America©, 9.4 million votes were analyzed, which resulted in more than 67,000 leading lawyers being included in the new edition. Lawyers are not required or allowed to pay a fee to be listed; therefore inclusion in Best Lawyers is considered a singular honor.

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        16 RPWB Lawyers Selected For Best Lawyers List

        CHARLESTON – RPWB was once again the top-listed plaintiff law firm in South Carolina for product liability cases as well as mass tort and class action lawsuits in the 2020 edition of The Best Lawyers in America®, which was released in August 2019.

        In total, 16 RPWB attorneys were designated as 2020 Best Lawyers, including David Butler, who was chosen as the personal injury lawyer of the year in the Augusta, Ga. metropolitan area. Butler, who works out of Aiken, S.C., has devoted much of his career representing asbestos victims who have developed mesothelioma, but he also works on other personal injury and product liability cases.

        Here are the RPWB attorneys named to the 2020 Best Lawyers list:

        Michael J. Brickman
        Litigation – Securities
        Mass Tort Litigation / Class Actions – Plaintiffs

        Elizabeth M. Burke
        Mass Tort Litigation / Class Actions – Plaintiffs
        Personal Injury Litigation – Plaintiffs
        Product Liability Litigation – Plaintiffs

        David Butler
        Personal Injury Litigation – Plaintiffs
        Product Liability Litigation – Plaintiffs

        Blair Hahn
        Mass Tort Litigation / Class Actions – Plaintiffs
        Product Liability Litigation – Plaintiffs

        Gregory A. Lofstead
        Mass Tort Litigation / Class Actions – Plaintiffs
        Product Liability Litigation – Plaintiffs

        Christiaan Marcum
        Mass Tort Litigation / Class Actions – Plaintiffs
        Product Liability Litigation – Plaintiffs

        Kim Keevers Palmer
        Mass Tort Litigation / Class Actions – Plaintiffs

        Terry E. Richardson, Jr.
        Business Organizations (including LLCs and Partnerships)
        Mass Tort Litigation / Class Actions – Plaintiffs
        Personal Injury Litigation – Plaintiffs
        Railroad Law

        Thomas D. Rogers
        Medical Malpractice Law – Plaintiffs
        Personal Injury Litigation – Plaintiffs

        Hoyt Rowell III
        Health Care Law
        Mass Tort Litigation / Class Actions – Plaintiffs

        Brady Thomas
        Mass Tort Litigation / Class Actions – Plaintiffs
        Personal Injury Litigation – Plaintiffs
        Product Liability Litigation – Plaintiffs

        Christopher Tuck
        Mass Tort Litigation / Class Actions – Plaintiffs

        Charles W. Patrick, Jr.
        Mass Tort Litigation / Class Actions – Plaintiffs
        Product Liability Litigation – Plaintiffs

        Edward J. Westbrook
        Mass Tort Litigation / Class Actions – Plaintiffs

        Kenneth J. Wilson
        Product Liability Litigation – Plaintiffs

        Bobby Wood
        Mass Tort Litigation / Class Actions – Plaintiffs

        Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. Almost 94,000 industry leading lawyers are eligible to vote (from around the world), and we have received over 11 million evaluations on the legal abilities of other lawyers based on their specific practice areas around the world. For the 2020 Edition of The Best Lawyers in America, 8.3 million votes were analyzed, which resulted in more than 62,000 leading lawyers being included in the new edition. Lawyers are not required or allowed to pay a fee to be listed; therefore inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.”

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          Parties agree to settle SC nuclear plant class action

          SCANA and SCE&G settle class action lawsuit with Attorney General and Plaintiffs Related to V.C. Summer Nuclear Costs

          Plaintiffs Richard Lightsey, LeBrian Cleckley, and Phillip Cooper have reached an agreement with SCANA Corporation and South Carolina Electric & Gas Company to settle a lawsuit filed in the state Court of Common Pleas in Hampton County on behalf of themselves and current and former SCE&G electric customers. The settlement addresses these customers’ claims and the Attorney General’s arguments related to the Base Load Review Act (“BLRA”). SCANA and SCE&G deny the allegations made in the lawsuit, but have agreed to resolve this matter.

          SCANA and SCE&G have agreed to a Common Benefit Fund comprised of the following amounts, to be distributed to the class members:

          • A credit of up to $2,000,000,000.00 in future electric rate relief will inure to the benefit of the Common Benefit Fund in favor of class members over a period of time established in the proceeding pending before the Public Service Commission of South Carolina (the PSC); and
          • A cash payment of $115,000,000.00, which will include the full value of the SCANA rabbi trust funded in January 2018 that was created in whole or in part for executive change-in-control payments; and
          • Transfer of SCE&G owned real estate or sales proceeds from the sale of real properties, including among others, the Ramsey Grove Plantation; the original Charleston Gas & Light Building at 141 Meeting Street in Charleston; and certain Otarre properties in Cayce.

          Distribution of any settlement funds is subject to court approval, as well as a final order by the PSC approving a merger between SCANA Corporation and Dominion Energy, and a closing of the proposed merger between the parties.

          Affected current and former SCE&G customers will receive information regarding their rights under the settlement. Eligible settlement class members will receive compensation in the form of a bill credit or a payment of an amount to be distributed by a court-approved class action administrator. Upon the approval of the settlement announced today, the lawsuit will be dismissed by agreement and the claims of SCE&G ratepayers will be resolved.

          Former United States Attorney, and lead counsel for the certified class, J. Preston Strom, Jr., had the following to say about the terms of this settlement: “In reaching this agreement, we have been able to secure more than $ 2 billion in relief and accountability for the people of South Carolina. We thank the Attorney General’s office for their hard work throughout this case and particularly in securing the return of funds set aside for executive bonus payments to the ratepayers.”

          Attorney General Alan Wilson issued the following statement: “The settlement reached today is the result of countless hours of work by our office seeking to make SCE&G customers whole for the abandonment of the failed V.C. Summer nuclear project. I am proud of the hard work of my entire team in bringing about this result, starting with the aggressive posture of Solicitor General Bob Cook regarding constitutional issues related to the Base Load Review Act, and continuing through tough settlement negotiations to bring resolution to civil matters related to these issues.

          “At all times, our goal has been to look out for the ratepayer and see that justice is done. We believe that this settlement, which encompasses over $2 billion in benefits, is the largest of its kind in the history of South Carolina. The settlement resolves the injury that SCE&G customers suffered under the Base Load Review Act by refunding revised rates previously collected. We also required that the entirety of the SCANA rabbi trust, which had a number of financial benefits for senior managers of SCE&G, be made available for the payment of obligations of the company.

          “This milestone ends our pursuit for restitution to ratepayers, but does not end our inquiry into the individual actors that may have contributed to the project’s failure. We want to acknowledge the hard work of the private lawyers who zealously fought for the interests of ratepayers as well through various lawsuits filed on the behalf of SCE&G ratepayers.

          “Additionally, we want to thank Dominion Energy for its willingness to provide the financial resources necessary to make this restitution. It is important to note that Dominion Energy was not involved in the creation of this situation, and we appreciate its role in finding a resolution that serves the best interests of SCE&G ratepayers.”

          Jim Stuckey, SCANA’s Senior Vice President and General Counsel, issued the following statement: “We are pleased that we were able to achieve a mutually acceptable resolution of this matter so that we can keep our focus on moving forward with the merger with Dominion Energy.”

          The State of South Carolina was represented in this matter by Attorney General Alan Wilson. Class Counsel are J. Preston Strom, Jr.; John R. Alphin, Jessica L. Fickling, Mario A. Pacella; and Bakari T. Sellers, of Strom Law Firm, LLC; Terry Richardson, Edward Westbrook, and Daniel S. Haltiwanger, of Richardson, Patrick, Westbrook & Brickman, LLC in Barnwell; Dan Speights and A.G. Solomons, III of Speights and Solomons in Hampton; J. Edward Bell of the Bell Legal Group, LLC in Georgetown; James L. Ward, Jr., and Whitney B. Harrison of McGowan, Hood & Felder, LLC; Vincent Sheheen of Savage, Royall, & Sheheen, L.LP.; and Gregory Galvin of the Galvin Law Group. SCE&G and SCANA are represented by David Balser and Jon Chally of King & Spalding LLP in Atlanta, GA; Leah B. Moody of the Moody Law Firm in Rock Hill, SC; and Jamie Becker and Bob Knowlton of Haynsworth Sinkler Boyd in Columbia, SC.

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            RPWB is a 2019 U.S. News Best Law Firm

            CHARLESTON, S.C. – Richardson, Patrick, Westbrook & Brickman was named a 2019 Best Law Firm by U.S. News & World Report, recognizing the plaintiff firm for its work on mass torts and class actions, product liability, securities, healthcare law, medical malpractice and personal injury lawsuits.

            With 16 lawyers listed on the underlying Best Lawyers in America list, RPWB was the top-listed plaintiff law firm in the country for its work on mass torts and class actions. RPWB was the top-listed plaintiff law firm in South Carolina for mass torts, personal injury and product liability.

            Four RPWB attorneys were new to the list: Brady Thomas, Chris Tuck, Bobby Wood and Ken Wilson. RPWB founding member Ed Westbrook was named Lawyer of the Year for class actions and mass torts in the Charleston-area.

            Here are the RPWB attorneys named to the 2019 Best Lawyers list:

            Michael Brickman
            Litigation – Securities
            Mass Tort Litigation/Class Actions – Plaintiffs

            Elizabeth Middleton Burke
            Mass Tort Litigation/Class Actions – Plaintiffs
            Personal Injury Litigation – Plaintiffs
            Product Liability Litigation – Plaintiffs

            David Butler
            Personal Injury Litigation – Plaintiffs
            Product Liability Litigation – Plaintiffs

            Blair Hahn
            Mass Tort Litigation/Class Actions – Plaintiffs
            Product Liability Litigation – Plaintiffs

            Greg Lofstead
            Mass Tort Litigation/Class Actions – Plaintiffs
            Product Liability Litigation – Plaintiffs

            Christiaan Marcum
            Mass Tort Litigation/Class Actions – Plaintiffs
            Product Liability Litigation – Plaintiffs

            Kim Keevers Palmer
            Mass Tort Litigation/Class Actions – Plaintiffs

            Charles Patrick
            Mass Tort Litigation/Class Actions – Plaintiffs
            Product Liability Litigation – Plaintiffs

            Terry Richardson
            Business Litigation
            Mass Tort Litigation/Class Actions – Plaintiffs
            Personal Injury Litigation – Plaintiffs
            Railroad Law

            Tom Rogers
            Medical Malpractice Law – Plaintiffs
            Personal Injury Litigation – Plaintiffs

            Hoyt Rowell
            Health Care Law
            Mass Tort Litigation/Class Actions – Plaintiffs

            Brady Thomas
            Mass Tort Litigation/Class Actions – Plaintiffs
            Personal Injury Litigation – Plaintiffs

            Chris Tuck
            Mass Tort Litigation/Class Actions – Plaintiffs

            Ed Westbrook
            Mass Tort Litigation/Class Actions – Plaintiffs

            Ken Wilson
            Product Liability Litigation – Plaintiffs

            Bobby Wood
            Mass Tort Litigation/Class Actions – Plaintiffs

            About RPWB

            RPWB was formed in 2002 as a collective of talented legal minds who focus on complex litigation throughout the United States. The firm is well-respected for its work on mass torts and product liability cases, including mesothelioma lawsuits and pharmaceutical litigation. RPWB attorneys regularly hold leadership positions on class actions and other mass torts across the nation.

            RPWB founding member Terry Richardson was among the first attorneys in the nation to successfully hold asbestos manufacturers liable for causing mesothelioma cancer. Several attorneys at the firm played pivotal roles in the fight against tobacco companies in the 1990s that led to the Tobacco Master Settlement Agreement. Some of those same attorneys are currently assisting six Canadian provinces seeking to recoup public healthcare spending on smoking-related illnesses.

            In addition to national litigation, RPWB also represents individual people in many practice areas, including: catastrophic personal injury, truck accidents, railroad accidents, construction defects, medical malpractice, mesothelioma and other occupational lung disease, whistleblower & qui tam, nursing home abuse, pharmaceutical drugs and medical device cases.

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