Document gD4E9zR2rGVM683EzzowGYoD9

^SMana JER 27. 1990 y can expose a col. killing all but the e. raited km. trill be of genetically engiaple. when Calgene tomatoes to retard e marker gene will - time to help select have accepted the lam biotechnology .oflle separate petiI for specific prodrmatoes. herbicidev-far rapeseed oil. IUGH *RFAX. SvMKS ; nS CT06r-2S9 pan? jmbo! 'tvien. ipan With our O your market product trtndt etf&- and more. DAY LAW Asbestos Case Jury Awards $26.3 Million By Wayne E. Ghees York who was sitting as a visiting judge in And Mao Geveun St Croix. Staff Rtpanrr* ofTm wul STttrr J ot-ww. ** nor lair because Stic filed her suit be fore the lair tras enacted in July. *** A federal Jury awarded damages of S26.3 million against Owens-Coming Flberglas Corp. after finding that an asbestos product It once made damaged the health of a retired insulation worker. The verdict, by a Jury in the Virgin Is lands. is believed to be one of the largest ever awarded in an asbestos case to a sin gle plaintiff. Owens-Coming, a building-products con cern based in Toledo. Ohio, is one of sev tom BUS LAWSUIT Sled bv recovering alcobobc goes to trial. Set for trial ibis week in federal court In Columbus, Ohio, the case highlights what promises to become a growing area ol litigation for employers: whether alco holics and-drug abusers in the workplace should be afforded the same civil rights as the handicapped. Debt Eyerman, a former national sales AUXGAT10NS OF FRAUD over "se cured" credit cards are dismissed. A federal judge in Manhattan threw out a suit accusing four financial institutions of btlkmg thousands of secured-card appli cants of millions of dollars, ruling that the charges in the suit weren't sufficiently specific. Secured credit cards allow people who have poor credit ratings to establish a credit line by putting down a deposit that eral former as director lor Mary Kay Cosmetics, con can be used to cover unpaid charges. bestos-product man ufacturers facing tends that she was discriminated against The suit hied against Universal Bank when she was fired two years ago because of Maryland. Security Trust Co.. Trust Co. thousands of suits of alcoholism. Bank and liberty Securities by card appli claiming health damage from past exposure to the products. Large ver dicts previously have been Issued In class actions some times Involving hun dreds of asbestos plaintiffs. But plaintiffs' attorneys say the sire of the current award to one claimant Is likely to Increase pressure on Owens and other asbestos defendants to settle cases. Sev eral other companies did settle out of court In this suit, but Owens-Coming deckled to tty the case. "The verdict Is large enough that Ow ens Is going to have to reassess how they handle these cases." said Joel H. Holt, a Christtansted, St Croix, attorney for the plaintiff. WUllam R. Dunn. A spokesman for Owens-Coming said the company resolves 99<i ol its asbestos cases prior to verdict, but asserted that the plaintiff failed to make a "reasonable" re quest. "We're very, very comfortable that this verdict twill I be reversed on appeal." the spokesman said. He asserted that Mr. Dunn's attorneys also realize that and set tlement negotiations are under way. Mr. Dunn, who lives In the Virgin is lands. worked for 30 years Installing insu lation In commercial projects in Texas. Colorado. Illinois and the Virgin Islands. High courts in Ohio and at least four other states--Iowa. Minnesota, New Jer sey and Wisconsin-bave ruled that drug abuse and alcoholism are physical disabili ties that tall within the legal delinltion of "handicapped." In those states employers are required to make reasonable accomtnodanons to drug-dependent employees before tiring them. In 27 other states, civilrights advocates say existing legislation also protects alcoholics and drug addicts. Mis. Eyerman. who sued Mary Kay in 1968. argues that her lormer employer knew about her alcoholism as early as September 1983 but did nothing to help her obtain treatment She alleges she was fired alter being arrested for drunk driving and wrecking the company's prize for lop sales performance-a pink CadUlac-ln July 198S and getting drunk again al a company function the following September. In a termination letter. Mary Kay officials informed Mrs. Eyerman. 37 yean old. that her conduct "adversely affected the reputation" ol the company. The complaint contends that Mis. Eyerman was a top sales director in Ohio for the Dallas-based. door-todoor retailer, earning S3 million In sales for Maty Kay in 1967 and M.3 million In 19S6. She Is seeking SL2 million in projected commissions and other compensation. cants. stemmed from a secured-card pro gram arranged by MonfyCard Systems Inc., which went out of business in 19S6. The suit contended that the deposits were used to pay prior obligations, rather than being invested in interest-earning accounts as the applicants were promised. Federal Judge John Keenan ruled lhat the allegations of racketeering and fraud "are sweeping and unspecific, and dearly fail to satisfy the requirements" of federal law. He added that the plaintiffs have until Dec. 13 to amend their suit. Michael Malabo//, an attorneyfar the card applicants, said he expects a more specific complaint tall be filed to com ply Kith the judge's order. *** EUROPEAN EXPANSION: SkAdden. Arps. Slate. Meagher k Flom. a New York law firm, opened offices In Frankfurt and Paris. Three lawyers work In each branch. The 1.100-lawyer firm has 15 offices In North America. Europe. Asia and Aus tralia. * -Trade Lambert contributed to this col umn. Commerzbank AG Commerzbank AG of Germany said group partial operating profit for the hist 10 months rose I8*re to 1.09 billion marks Now 57. he suiters from asbestosls. a pro Attorneys for Mary Kay maintained 1S73G.8 million). compared with a year ear gressive hardening of the lungs. He alleged that Texas law, which makes no provision lier. buoyed by continuing firm economic In his suit that a cause ol his asbestosis for alcoholism as a handicap, should apply growth in Germany and resulting strong was exposure In an asbestos product sold in this case. And, they argue. Mary Kay is demand from customers for loans. under the brand name Kaylo. Kaylo was used to insulate pipes, boilers and other facilities. Owens-Coning stopped manufacturing Kaylo in 1972. Paul Minor, a Biloxi. Miss., attorney who also represented Mr. Dunn, said the suit alleged that Owenr-Corr.ing knew Kaylo was dangerous bui lor years tailed exempt under Ohio law because Mrs. Eyerman technically was not an em ployee: she was an independent contrac tor. Judge James Graham of Columbus Is expected to issue a ruling on those argu ments today or tomorrow. Suiting m July 1992. businesses with Partial operating profit represents the bank's pretax earnings, excluding gains or losses from trading lor its own account. This earnings category is iollowed closely by German analysts and viewed as a key indicator of a bank's underlying business trends. to put a warning label on the product. more than 25 employees will be required Commerzbank Chairman Walter Seipp When It subsequently attached a label, me to treat alcoholism and drug abuse as a said he expects firm earnings growth to warning was Inadequate, the sun asserted. handicap under the new Americans with continue for the rest ol the year. The jury awarded Mr. Dunn 51.3 million in Disabilities Act. The anti-discrimination Separately, the French banking group compensatory damages and SIS million in law prohibits bias in the workplace against Credit Lyonnais said its capital markets di punitive damages. alcoholics and drug abusers, so long as vision is learning up with Commerzbank to i The judgment was appro, ed b.. iew-ial they are not current users. Judge Constance Baker Motley of New Us. Eyerman is not rotered by thr sell German securm-s to British tcsuiational investors. 8 -'^eswusissass^ !' i! H PLAINTIFF'S EXHIBIT -?Ca^3.0> VPD-145-0002877 WV-19350