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W.R. Grace Acquitted In Asbestos Case
By Susan Gallagher, Associated Press Writer
Manufacturing.Net - May 08, 2009

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MISSOULA, Mont. (AP) -- W.R. Grace & Co. and three former executives were acquitted Friday of federal charges that they knowingly allowed residents of northwestern Montana town to be exposed to asbestos from its vermiculite mine.

Jurors received the case Wednesday, nearly 11 weeks after hearing opening arguments.

An indictment unsealed four years ago charged that W.R. Grace and several of its one-time executives knowingly endangered the lives of mine workers and other residents of Libby and ignored warnings by state agencies to clean up the vermiculite mining operation.

Charges against two executives were dropped during the trial at the request of prosecutors. The jury acquitted Henry Eschenbach, Jack Wolter and Robert Bettacchi.

"I'm grateful and happy to go home," said Wolter, who is retired and lives in Palm Desert, Calif.

Attorneys for some Libby residents blame tremolite asbestos for about 2,000 cases of illness and about 225 deaths in and around the community.

Gayla Benefield of Libby, who suffers health effects from asbestos exposure and lost both parents to asbestos-related lung diseases, said she doesn't know what the next step will be.

"They have gotten away with murder. That's all I can say," she said.

Grace knew about the health hazards of asbestos, but covered it up "so they could continue making money as well as avoid liability," Assistant U.S. Attorney Kris McLean said during Wednesday's closing arguments.

Allegations of prosecutorial misconduct arose during the trial.

"I think that was simply another manifestation of the fact that the case was not a good case on its merits," said David Burnick, attorney for Grace.

Grace bought the mine in 1963 and closed it in 1990.

Libby is 128 miles northwest of Missoula.


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the devil is always in the details ...  5/8/2009 4:49:00 PM
No doubt this is a bad outcome for the people living, better said suffering in Libby, another victory for the Corporate lawyer elite, that gets royally rewarded with this trial result and monetrarily. As long as US law allows such Corporate machines to outnumber the state attorney offices 10:1 and delay proceedings with tactical legal gimmicks about hairspliting details for years, then certain Corporations get away with judgement like this. The only story on national media that covered the case that I know of was Democracy Now! ... the Corporate Media did what Corporate Media in such cases does best - being silent, don't hurt your buddies ... The legal situation for the folks in Libby is dire - let's see what will come next.
Details, details  5/8/2009 5:09:00 PM
You can automatically blame big bad business, the boogie man or whatever. Maybe this is just another example of folks jumping on the lawsuit lottery. But the reality probably is someone trying to apply 2010 details to 1960s tech. So, who can I sue for making me ride in nasty, diesel spewing school buses in the 70s?
SMOKING PLUS Asbestos Kills  5/8/2009 6:16:00 PM
Keep in mind that the vast majority of “Asbestos” lung injuries occur in SMOKERS. It is clear that Smoking increases the lung's sensitivity to Asbestos. Modest exposure to this mineral, which would have no effect in a healthy lung, produces disease when it interacts with smoke damaged cells. There is no question of the magnitude of damage done to the human body by smoking. Roughly 50% of those “Who Chose to Enjoy Smoking.” will die an early death, due to the medical effects which follow that choice. The form that death takes will depend on “co-factors” in their environment, which (like asbestos) may cripple or kill cells repeatedly damaged by smoke. It is impossible to eliminate all of the co-factors capable of killing damaged cells from this planet, to make it “Safe for Smokers”. Is it even legal to ASK about personal habits which could make a person much more vulnerable to workplace hazards? Is it legal to exclude or fire employees who have greatly increased risk as a result of such habits? Is it fair to burden ALL Employees with the cost and nuisance of added protective measures which are of no benefit to the majority – who do not have a specific habit?
corporate greed rules again  5/9/2009 2:34:00 AM
No justice for the injured in Libby. Greed rules again in our judicial system run by the corporations. When will the people become more important than the corporations?
Who Knew?  5/9/2009 2:40:00 AM
For years, we poured excess vermiculite into our garden at home. It was sold as potting material at home centers. I really doubt that, after 1970, the executives knew that vermiculite was dangerous. I ran a chemical plant and did not know that from 1971-77, and until about 2000, when it hit the news!
How about the state  5/9/2009 8:08:00 AM
The state, local and even federal officials got off with out charges. They also knew of the dangers and continued to accept taxes form that operation. They all knew and just let it happen. The government backed media gave them a pass but they knew and continued to cover up the truth. Oh, but they were doing it for the children.
W.R. Grace  5/11/2009 10:33:00 AM
It is hard to comment based on a press piece. I have attended many legal matters and seen the press that goes along with it. I was shocked at the level of spin and misinformation put forward by the press. For folks that are truly concerned, please get your facts straight before looking for pat answers to apply in general. Why did Grace close the mine? 1990 was about the time hazard and risk assessment was improving to the point of knowing, so perhaps they closed it because once they knew they knew what was the right thing to do. As another reader said, be careful when people use the knowledge and science of today to sue people for allowing a hazard to have existed yesterday. Yet another reader pointed out the questions of multiple-causes. Were those afflicted engaging in any other risky behaviors? The important thing is to get the facts and then discuss it. Grace is no angel based on my reading, but the prosecutors lost the case based on the Judge's opinion: http://www.pointoflaw.com/archives/2009/04/judge-excoriate.php


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