Barker V. Hennessy Industries Case Summary

Facts: In 1952 the United States was in a conflict in Korea, and the demand for steel

● Assumption of the risk: If plaintiff is aware of the danger, but decides to subject

The case is brought to the Supreme Court by the Plaintiff Charles Baker suing Secretary of State of Tennessee Joe Carr, for the failure to redraw the legislative voting boundaries, something that was due over 60 years prior. A law that Tennessee legislature apportioned both houses and provided reapportionment every ten years on the basis of the population reported by the census, but failed to do since 1901. Baker argued that the population had shifted from the rural areas to the urban areas and that he himself was being affected and was being denied his equal protection of the Fourteenth Amendment. He sought to the court that that the state officials should hold an at-large election or they should halt the election process until the

This case was also cited in PEABODY COAL CO., LLC v. BARNHART., 469 F.Supp.2d 240 (2007) case held in the United States District Court, D. Delaware. The decision on this case was made on January 11, 2007. According to this case, on September 14, 2005, the plaintiffs Peabody Coal Company, LLC (“Peabody”) and Eastern Associated Coal Corporation ("EACC") filed suit against defendant Jo Anne B. Barnhart ("Barnhart"), the Commissioner of the Social Security Administration ("SSA"). Plaintiffs' complaint that Barnhart's (defendant) actions of assigning them (plaintiffs) the responsibility for funding health and death benefits for certain retired coal industry employees violated both § 9706 of the Coal Industry Retiree Health Benefit Act of 1992 ("Coal Act"), 26 U.S.C.

The plaintiff Charles Barker, a resident of Shelby County, Tennessee; sued Joe Carr the Secretary of State of Tennessee, along with other public officials. Baker filed that the law of Tennessee Constitution regarding the remapping of districts; was in violation of the 14th Amendment equal protection law. Baker complained that legislation had not redrawn districts since being under a 1901 statue; which is in violation because reapportion is to be done every ten years. Baker alleged that TN legislatives are depriving citizens from protection rights, and votes with representation in the General Assembly. Baker argued that due to population change, votes in an urban districts holds less value than those in suburban districts; in debt

Asbestos is a natural occurring airborne dust that can be extremely dangerous when inhaled. Found in high concentrations, sometimes as much as twelve percent, in vermiculite ore, asbestos is very apparent in this refining process. This all being said there were not many precautions in place to prevent such a catastrophe from occurring. One interesting yet devastating fact about asbestos is once it is inhaled into the lungs it can never be expelled other than by means or surgery. Once inhaled it becomes trapped in your lungs, at which point your lungs begin to cover over the asbestos, leaving it permanently trapped in the capillaries of your lungs. An extreme build up of this can result in asbestosis, a hardening of the lungs due to inhaled asbestos. This is what many of the workers contracted and were never able to fully recover. The surgery to help undo this damage was both costly and often unsuccessful. One of the executives at the plant is filmed in the deposition saying he had in fact had asbestos removed from his lungs after learning about the dangers of the mill. This is a perfect example of the sociological term Two-Tier system of Medical Care. This system makes it possible for these wealthier high up executives to receive the proper medical treatment they needed in order to remove the extremely deadly asbestos from their lungs, while the average mill worker who needed the surgrery much more could not afford such a procedure.

As many may know asbestos has been in issue all over the world for the last few decades, however asbestos is more common in a few specific industries. One of the industries where asbestos is a major issue is the construction industry because of how cheap, durable, and flexible it happens to be. Asbestos can be found in fireproofing products, insulation, drywall taping compounds, construction mastics, duct tape, construction felts, textured paints, spray on acoustic insulation, and vermiculite products to name a few. Trades that might be working around these products and are at risk include bricklayers, laborers, drywall hangers, insulation workers, home renovators, plumbers, masonry workers, and tile setters. There are also all different manufacturers

Mcculloch (1986, p. 11) shows that asbestos is a human carcinogen to individuals living in industrialized states, if exposure occurs. The exposure of large numbers of people had been those who worked in buildings construction and the mines. However, asbestos exposure affects not only asbestos workers but also their families, users of asbestos products, as it was exposed to building materials and in heating and ventilating systems (Benarde, 1990). A number of exposed workers were from South Africa, because the protection of workers and communities was

It is sad to report, but the asbestos cancer, also known as Mesothelioma, is spreading far and wide throughout the world as the unregulated use of asbestos continues. The compound asbestos has been used in the construction industry since the early 1940's. In the 1960's it was discovered that this compound causes the type of cancer known as Mesothelioma. Even with the discovery of the link to cancer, unfettered use of the compound continues around the world. The few countries that do regulate the use and handling of asbestos are trying to make the world aware of the dangers of asbestos and exactly what Mesothelioma is.

There is some evidence that family members of workers exposed to asbestos heavily face an increased risk for developing mesothelioma. Believed this danger as a result of exposure to asbestos fibers brought into the House on shoes, clothing, skin, and hair of workers. Federal law regulates to reduce exposure to these workplace practices, reducing the possibility of asbestos going back that way. May require some employees shower and change their clothing before leaving work, store street clothes in a separate area in the workplace, or washing clothes in the House separately from other clothing.

For many years the asbestos industry - manufacturers, suppliers, product developers, insurance companies, etc - claimed that they had no knowledge that asbestos could endanger the health and well being of asbestos workers. Rather than protecting their employees and seeing a lower bottom line these firms instead chose to hide the facts and deny any allegations that asbestos was causing their employees to get sick and die.

Anyone who has watched any amount of television is probably familiar with the commercials about people with mesothelioma suing companies that used asbestos in their products. Until recently, asbestos was used in a number of products such as insulation, floor tiles, paint, roofing, plastics, etc. I became familiar with the topic when the father of a friend of mine was diagnosed with the disease. In my opinion, the cover-up of the health hazards posed by inhaling asbestos by certain companies is a classic example of unethical standards and deliberate mistruths in management communication. Baack (2012), says, “Deliberate mistruths occur when an individual or corporation seeks to deceive the public or another person through the use of false

In 1999 Banton was sad to discover that he was suffering from asbestosis and had sued James Hardie for negligence due to the fact that Banton was not aware of the health risks beforehand, as he was not informed by Hardie, and therefore felt mislead and unjustly exposed to the damages of the airborne disease. In denial, James Hardie had argued in defence that neither he nor his company knew of the extent of damage the asbestos could cause. The court voted in favour of Banton, and in 2000 and was rewarded $800,000 in an out-of-court settlement, shining a light on newly surfaced cases of workers who were affected

Since then, a significant decrease in the consumption of asbestos products has been seen, especially in the United States. Increased knowledge of the potential dangers of the mineral has lead people to fear asbestos creating a need for suitable alternatives (Toxicological 2001).

Summary of Fact: The ‘merchantable quality’ term refers to an implied condition regards about the state of goods which sold in business. The goods that sold should be treat as to fit the general purpose of the buyers and the descriptions of the goods need to take into consideration. Thus, in general, it means that the goods that sold to the buyers are required to fit for the specific purpose to the extent that they were sold. Although the goods are failed or unable to perform the purpose when they have been sold, they are view as unmerchantable.