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The mining industry makes up a significant aspect of the state’s economy. In 2007, the state was responsible for producing more than three quarters of the country’s usable iron ore. Mining is a prime industry that is known to put workers at risk of being exposed to asbestos, leading to diseases such as asbestosis and mesothelioma. Miners may dislodge silica dust and make asbestos fibers airborne. Minnesota has two known sites of natural asbestos deposits, located in Aurora and the Eastern Mesabi area. This natural asbestos usually forms along iron and taconite deposits. Workers in these areas could have come in contact with asbestos. Studies show that miners have a much higher rate of exposure when compared to other occupations.
Additionally, Minneapolis processed more than 120,000 tons of contaminated vermiculite received from Libby, Montana. This material formed beside natural asbestos deposits and was shipped across the country to produce asbestos-containing materials like insulation, brake linings and furnaces. Additionally, many items used in the mining industry used asbestos, including in machinery, protective equipment and buildings where miners worked.
Other common jobs that placed Minnesota workers at risk of being exposed to asbestos was in power plants, oil refineries and processing plants. These job sites often involve environments with high temperatures. To protect their workers, many of these locations used asbestos in protective equipment like gloves because asbestos could protect against fire. Asbestos was also used commonly as an insulation material. Plumbing, power generation, construction and maintenance jobs also relied on asbestos for its heat resistance. If you were exposed to asbestos and have mesothelioma, contact our law firm to discuss your legal options such as filing a claim with an asbestos trust, the VA, or lawsuit against a negligent manufacturer.
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Minnesota Asbestos Regulatory Agencies
Minnesota Mesothelioma Diagnoses
Minnesota Laws Concerning Asbestos
Minnesota Statute Of Limitations
Minnesota Asbestos Trust Funds
Minnesota Mesothelioma Verdicts and Settlements
Minnesota Asbestos Exposure Site List
Minnesota Mesothelioma Law Firms
Minnesota Mesothelioma Diagnoses
Reports show that Minnesota is ranked 14th in the nation for mesothelioma and asbestosis incidence rate. Minnesota has a diagnosis rate of about 11 people per million a year from mesothelioma. More than 971 Minnesota residents were diagnosed with mesothelioma between 1999 and 2015. Carlton, Dakota and St. Louis Counties in Minnesota ranked among the top 50 counties in the country with the highest mesothelioma diagnosis rates between 2000 and 2009. There were at least 332 Minnesota residents who were diagnosed with asbestosis and at least 3,636 residents who were diagnosed with non-mesothelioma lung cancer between 1999 and 2013. The locations that have the most cases are: Minneapolis – Rochester – St. Paul – Bloomington – Brooklyn Park – Plymouth – Duluth
Minnesota Asbestos Laws
Minnesota has a number of laws that can impact mesothelioma claims. These laws relate to asbestos, what a plaintiff must prove to secure compensation and when a claim must be filed.
Court Asbestos Exposure Standard
Many asbestos cases are filed in state courts that have different standards regarding what type of proof the plaintiff must provide in order to secure compensation in their asbestos exposure case. In Minnesota, there is not a set standard that has been adopted by the highest state court. However, at least one Minnesota court has said that a plaintiff must show that exposure to the defendant’s product was a substantial factor in the plaintiff developing mesothelioma or another asbestos-related condition.
Statute of Limitations
The statute of limitations is the time in which a lawsuit must be filed in order to prevent it from being time-barred. There are different types of statutes of limitations that may apply to mesothelioma lawsuits in Minnesota. For a strict liability claim, the lawsuit must be brought within four years. In negligence actions, the lawsuit must be filed within six years. Minnesota uses the discovery rule in asbestos cases, meaning that the cause of action does not begin to accrue until there is a “cognizable physical manifestation” of the disease and there is a “causal connection between the disease and the defendant’s product.” Since mesothelioma may not develop until 30 to 50 years after exposure, this rule helps claimants retain their right to file a lawsuit after they discover it. For wrongful death claims, the lawsuit must be brought three years from the earlier of the date of death or the manifestation of the disease that is causally linked to asbestos exposure.
Minnesota State Asbestos Regulatory Agencies
Like other states, there are federal agencies that regulate asbestos use and exposure, such as the EPA and OSHA. Minnesota has incorporated federal regulations into their state laws. On the state level, the Minnesota Department of Health is responsible for regulating asbestos. The Minnesota Department of Health must be notified by an asbestos professional before performing certain types of asbestos work. Contractors must comply with the Asbestos Abatement Act and Rules.
Asbestos contractors must pay permit fees before commencing asbestos abatement projects that are regulated by the Minnesota Department of Health. Additionally, there are specific state qualifications that a contractor must meet in order to become an asbestos contractor who is licensed by the Minnesota Department of Health. There are also individual asbestos certification requirements for asbestos workers, inspectors, site supervisors, project designers, and management planners. There are specific training courses regulated by the state to provide this certification.
There are various rules pertaining to how asbestos removal must take place, including how to safely remove asbestos in roofing, tunnels, full containment and outdoors. There are also guidelines regarding asbestos inspections.
The Minnesota Department of Labor incorporates OSHA rules regarding asbestos exposure in the workplace. Additionally, the Minnesota Pollution Control Agency taxes steps to protect Minnesota residents from exposure to asbestos fibers.
State Definition of Asbestos
The state’s definition of asbestos is “asbestiform varieties of chrysotile (serpentine), crocidolite (riebeckite), amosite (cummingtonite-grunerite), anthophyllite, tremolite, and actinolite.” Asbestos-containing material is defined as “material that contains more than one percent asbestos by microscopic visual estimation by area.”
Minnesota Asbestos Site Exposure List
Several jobsites, manufacturing sites and other locations have been connected to possible asbestos exposure in Minnesota. More prominent locations and superfund sites include:
- Reserve Mining Co. – Silver Bay
- Western Mineral Products, Inc. – Minneapolis
- Koch Petroleum Group – Minneapolis
- Marathon Refinery – Saint Paul
- Sherburne County Power Station – Becker
- Monticello Nuclear Generating Plant – Monticello
- Minnesota Municipal Power Plant – Minneapolis
- General Mills – Minneapolis
- Pillsbury – Minneapolis
- Owens-Illinois, Inc. – St. Paul
- Agate Lake Scrapyard – Cass County
- Olmsted County Sanitary Landfill – Oronoco
- Marathon Petroleum – Minneapolis
- Hanna Ore Mining Company – Minneapolis
- Jones and Laughlin Steel Co. – Calumet
- Garlock Sealing Technologies – Minneapolis
- General Electric Company – Minneapolis
- Rapid American Corporation – Minneapolis
Minnesota Asbestos Trusts
Many companies that produced asbestos products or exposed workers to asbestos were sued by hundreds or thousands of claimants. Many of these cases resulted in liability to these companies in the millions. Facing such daunting liability, many of these companies were forced to declare bankruptcy. As part of the bankruptcy agreement, some of these companies formed trusts that handled the processing of claims. If an asbestos trust is available, a claimant can file a claim with the trust and not have to go through the entire process of filing a lawsuit against the party.
There are two asbestos trusts in Minnesota. The API, Inc. Asbestos Settlement Trust was established in 2006 after the company declared bankruptcy in 2005. The company used asbestos in their products and operations. The trust had estimated funds of $94 million. The current amount of funds is unknown.
The Western Asbestos Settlement Trust was formed by companies MacArthur Co. and Western Asbestos Co., which used asbestos in its insulation products. The company is headquartered in St. Paul. Bankruptcy was filed in 2002. The trust was established in 2004. The trust had over $2 billion in estimated funds and has already paid out more than $1.1 billion in claims. It is considered an active trust.
Other trusts may be available if the plaintiff has a potential claim against them. A Minnesota mesothelioma lawyer can help determine whether there are viable claims against other asbestos trusts.
Minnesota Asbestos Litigation
Reports show more than 40 asbestos lawsuits have been filed in Minnesota. Many of these lawsuits were filed against Garlock Sealing Technologies, General Electric Company, Rapid American Corporation and Owen-Illinois Inc. All of these companies were named as a defendant in at least a dozen cases. In some situations, more than one company is sued at a time.
Media shows there were a few cases made public and handled by an unaffiliated law firms. In one example a man took his case to trial against three asbestos manufacturers after being diagnosed with mesothelioma in 2007, including Garlock Sealing Technologies, Inc. Two of the three manufacturers settled the case for an unknown amount. A Minnesota jury ruled in favor of the plaintiff and awarded substantial damages in 2008. In another, a mesothelioma jury verdict in favor of the plaintiff occurred in 2014 when the jury returned a huge verdict in favor of a 75-year-old plaintiff and his wife. The man alleged he was exposed to asbestos insulation when constructing a power plant. Finally, in a 2007 case, a man took five different asbestos companies to court, but the outcome is unknown.
Many cases are resolved prior to trial in the form of a settlement or a dismissal. If the case is settled, details about the amount may not be revealed to the public.
Minnesota Mesothelioma Lawyers
Several lawyers in Minnesota may become co-counsel while taking on a mesothelioma case. Some of these firms may include the following:
A law firm that is conveniently located in Minneapolis where they combine extensive trial experience with the latest evidence presentation software to provide effective delivery to judges and juries. Many of the firm’s attorneys are local to Minnesota and are familiar with the job sites and occupations associated with mesothelioma. They are experienced trial litigators who have brought about many favorable results for their clients. They are also experienced appellate attorneys.
A personal injury law firm in Minnesota that takes on all types of personal injury cases, including mesothelioma lawsuits. Its attorneys are well-versed in asbestos exposure and know the types of conditions that lead to mesothelioma, as well as secondhand exposure. The firm has fought diligently for its clients, resulting in multi-million dollar victories for them. It has a large team and sufficient resources to take these complex cases to trial.
A law firm rooted in Eagan, Minnesota. It focuses on representing clients throughout Minnesota, North Dakota and Wisconsin. The firm has worked on asbestos cases for decades, allowing it to build up a repository of information regarding asbestos, corporate negligence and misconduct and mesothelioma resources.
A law firm with offices in International Falls and Duluth, Minnesota. They have provided effective legal services to clients throughout Minnesota for many years and represent clients in a number of practice areas, including personal injury, asbestos exposure and mesothelioma cases. They have represented workers in cases involving asbestos exposure and products liability native to Minnesota.
