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Judge orders Florida State, ACC into mediation

TALLAHASSEE, Fla. — A Tallahassee judge has ordered Florida State and the Atlantic Coast Conference to enter mediation in hopes of settling a high-profile lawsuit that could dramatically impact the future of the league. Judge John C. Cooper technically approved the ACC's motion to dismiss Monday but gave FSU seven days to amend its complaint because the university needs more specificity regarding key facts in a case he said "is worth up to half a billion dollars." The conference would have 20 days to respond afterward, and another hearing would be set. "The case is not over," Cooper said. "The case will continue." Cooper ordered the sides to begin mediation within 120 days. But a mediator cannot force an agreement, so the case could end up back in court. "I send every case to mediation except mortgage foreclosures," Cooper said. "This is not being done any differently." The Seminoles are pushing to exit the ACC and explore a more lucrative landing spot, potentially the Big Ten Conference. The hearing Monday was the latest in dueling lawsuits lodged in December. They include back-and-forth arguments pertaining to jurisdiction, a highly guarded grant-of-rights agreement between member schools and the league, and a confidential TV deal between the ACC and ESPN. The ACC wants the case heard in Charlotte, where the league is headquartered, and doesn't want the broadcasting contract made public. Florida State wants to move the venue to Tallahassee and prefers the documents be unsealed for financial transparency. FSU had been signaling discontent for a year about the ACC falling further behind the Big Ten and the Southeastern Conference in payouts even while raking in record revenues. The ACC's revenue increased to nearly $617 million during the 2021-22 season, with an average distribution of nearly $39.5 million per school for full members. Still, that leaves ACC schools receiving about $10 million a year less than SEC schools even though ESPN is partnered with both leagues in broadcast deals. Clemson, another ACC school, has joined FSU in challenging the ACC's right to charge hundreds of millions of dollars to leave the conference. Clemson's complaint filed in South Carolina said the ACC's "exorbitant $140 million" exit penalty and the grant of rights used to bind schools to a conference through their media rights should be struck down. Neither Clemson nor Florida State has filed formal notice to withdraw from the ACC.

Jury: BNSF contributed to 2 deaths by asbestos exposure

HELENA, Mont. — A federal jury on Monday said BNSF Railway contributed to the deaths of two people who were exposed to asbestos decades ago when tainted mining material was shipped through a Montana town where thousands have been sickened. The jury awarded $4 million each in compensatory damages to the estates of the two plaintiffs, who died in 2020. Jurors said asbestos that spilled in the railyard in Libby, Montana, was a substantial factor in the plaintiffs' illnesses and death. The jury did not find that BNSF acted intentionally or with indifference so there will be no punitive damages awarded. Warren Buffett's Berkshire Hathaway Inc. acquired BNSF in 2010, two decades after the vermiculite mine in Libby shut down and stopped shipping its contaminated product by rail. The pollution in Libby has been cleaned up, largely at public expense. Yet the long timeframe over which asbestos-related diseases develop means people previously exposed are likely to continue getting sick for years to come, health officials say. Attorneys for the estates of the two victims — Joyce Walder and Thomas Wells — had argued that the railroad knew the asbestos-tainted vermiculite was dangerous but failed to act. Her sister said after the jury returned its verdict that no amount of money could replace Walder. "I'd rather have her than all the money in the world," Hemphill said. BNSF said its employees didn't know the vermiculite was filled with hazardous microscopic asbestos fibers. The case in federal civil court over the two deaths was the first of numerous lawsuits against the Texas-based railroad corporation to reach trial over its past operations in Libby. Current and former residents of the small town near the U.S.-Canada border want BNSF held accountable, accusing it of playing a role in asbestos exposure that health officials say has killed several hundred people and sickened thousands. The railroad said it was obliged under law to ship the vermiculite, which was used in insulation and for other commercial purposes, and that W.R. Grace employees had concealed the health hazards from the railroad. BNSF attorney Chad Knight said the railroad could only be held liable if it could have foreseen the health hazards of asbestos based on information available decades ago when the alleged exposures happened. "In the 50s, 60s and 70s no one in the public suspected there might be health concerns," Knight said Friday. The plaintiffs argued that BNSF higher-ups knew for decades that the vermiculite contained asbestos and that concerns about workers breathing asbestos dust had existed in medical journals since the late 1890s. The judge instructed the jury it could only find the railroad negligent based on its actions in the Libby Railyard, not for hauling the vermiculite. BNSF was formed in 1995 from the merger of Burlington Northern railroad, which operated in Libby for decades, and the Santa Fe Pacific Corp. Berkshire Hathaway, based in Nebraska and chaired by Buffett, acquired BNSF in 2010. Looming over the proceedings was W.R. Grace, which operated a mountaintop vermiculite mine 7 miles outside of Libby until it closed in 1990. The Maryland-based company played a central role in Libby's tragedy and has paid significant settlements to victims. U.S. District Court Judge Brian Morris referred to the the chemical company as "the elephant in the room" during the BNSF trial and reminded jurors repeatedly that the case was about the railroad's conduct, not W.R. Grace's separate liability. Federal prosecutors in 2005 indicted W. R. Grace and executives from the company on criminal charges over the contamination in Libby. A jury acquitted them following a 2009 trial. The Environmental Protection Agency descended on Libby after 1999 news reports of illnesses and deaths among mine workers and their families. In 2009 the agency declared in Libby the nation's first ever public health emergency under the federal Superfund cleanup program. The seven-member federal jury had been instructed to decide if the railroad was at fault in the deaths and if so, the amount of damages to award to their estates. A separate proceeding would be needed to determine the amount of any punitive damages. A second trial against the railroad over the death of a Libby resident is scheduled for May in federal court in Missoula.

$4.55 million settlement: Funds support construction worker hurt in on-job accident

Action: Workers’ compensation Injuries alleged: C6-C7 fracture and dislocation resulting in incomplete quadriplegia Case name: Withheld Court: N.C. Industrial Commission Mediator: Gillie Spratt, Charlotte Amount: $4.55 million Date: Jan. 29, 2024 Most helpful expert: Cynthia Wilhelm, Ph.D. Attorneys: Rick Anderson of Sumwalt Anderson, Charlotte (for the plaintiff) Plaintiff, 39, a roofer, was rendered an incomplete quadriplegic after a fall from a rooftop. The carrier accepted plaintiff's claim and paid all medical bills from the date of injury through settlement. The carrier also initiated indemnity compensation immediately following plaintiff's injury at a compensation rate of $400 per week. Plaintiff’s counsel disputed the calculation of plaintiff's average weekly wage and compensation rate. After extensive discovery, the parties entered into a consent order agreeing to an average weekly wage of $1,000 per week and a compensation rate of $666.67 per week. Plaintiff worked tirelessly during his yearlong rehabilitation process to regain strength and function in his upper extremities. At the time of settlement, plaintiff was able to operate his wheelchair, feed himself, place his catheter and perform most of his activities of daily living with minimal to moderate supervision and assistance. The $4.55 million settlement was composed of a $1.34 million lump sum cash payment at the time of settlement plus the purchase of annuities costing $3.21 million. If plaintiff lives a full life expectancy, the annuities will provide $10.05 million in payments. When he was injured, plaintiff lived in an apartment with his wife and two young children. Plaintiff and his wife are using the cash portion of the settlement to build a handicapped-accessible home and purchase a new handicapped-accessible van. The remainder of the settlement proceeds were used to purchase annuities that will provide plaintiff with payments of more than $160,000 per year for the remainder of his life.

$1.5 million settlement: Child dies in crash after lumber truck overturns, spills cargo

Action: Motor vehicle collision leading to wrongful death Injuries alleged: Fatally crushed Case name: Wanda Bailey, Administratrix of the Estate of Noah L Hill v. Jeffrey D. McManus, Stone Wheel Trucking LLC et al Court/case no.: Surry County Superior Court / 23 CVS 382 Amount: $1.5 million High-low agreement: Yes Date: March 18, 2024 Attorneys: H. Brent Helms and Bryan C. Thompson of Robinson & Lawing, Winston-Salem (for the plaintiff); Todd King of Cranfill Sumner, Charlotte; Jeremy Kosin of Teague Rotenstreich, Greensboro; and Christopher Skinner of McAngus, Goudelock & Courie, Raleigh (for the defendant) Insurance companies: Gemini Insurance Co. and Progressive Southeastern Insurance Co. Stone Wheel Trucking was the owner of a 1999 Peterbilt tractor-trailer truck, and Church & Church Lumber was the owner of a 1998 “bolster” trailer. Stone Wheel, Church & Church, and another defendant allegedly operated a joint venture/enterprise. Stone Wheel did not have a trailer that was capable or suitable for transporting lumber in interstate commerce. Church & Church agreed to loan or supply Stone Wheel a trailer and securement devices compliant with the Federal Motor Carrier Safety Regulations. Jeffrey D. McManus was assigned by Stone Wheel to transport the lumber as driver of the truck and bolster trailer. Church & Church’s employees loaded the lumber onto the trailer, but the lumber was not secured with devices that were not appropriate or were defective, worn down, damaged or a combination of these. The tractor-trailer was driven Aug. 10, 2022, on N.C. 67-U.S. 601 instead of the most direct route to its destination, Interstate 77. N.C. 67-U.S. 601 is a curvy two-lane road with a posted speed limit of 55 mph. A warning sign notifies drivers of dangerous curves and recommends a speed of 35 mph to navigate them safely. The logging truck was being driven at about 65 mph. An oncoming 2018 Nissan was being properly driven with the decedent, Noah L. Hill, 4, strapped into a child-restraint seat. McManus lost control of the tractor-trailer on a dangerous curve, causing it to overturn and cross the center line. As a result of the overturning and the improper maintenance of the trailer and the securement devices, the lumber broke free from the tie-downs and spilled into the oncoming lane of travel. It violently crashed into the oncoming Nissan, causing massive, traumatic injuries to the decedent, which led to his pain, suffering and ultimate death.