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Brush Wellman Inc. Reduces Litigation by Half.


Business Editors

Brush Engineered Materials Brush Engineered Materials Inc. is a multinational company specializing in high performance engineered materials emphasizing the qualities of strength, reliability, miniaturization and weight savings, thermal dissipation, electrical conductivity and reflectivity.  Inc. announced today that its wholly-owned subsidiary, Brush Wellman Inc., has substantially reduced its litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.

When a person begins a civil lawsuit, the person enters into a process called litigation.
 caseload case·load  
n.
The number of cases handled in a given period, as by an attorney or by a clinic or social services agency.


caseload
Noun
 through consistently favorable court rulings and a recent settlement agreement.

The recent agreement includes the dismissal of claims by 87 plaintiffs, resulting in the elimination of nearly half of the 193 claims pending against Brush Wellman Inc. at the end of 2001. The plaintiffs, who had alleged health effects from exposure to beryllium beryllium (bərĭl`ēəm) [from beryl ], metallic chemical element; symbol Be; at. no. 4; at. wt. 9.01218; m.p. about 1,278°C;; b.p. 2,970°C; (estimated); sp. gr. 1.85 at 20°C;; valence +2.  particulate, sought recovery under negligence, intentional tort An intentional tort is a category of torts that describes a civil wrong resulting from an intentional act on the part of the tortfeasor. The level of intent required to render a party liable for an intentional tort has been described as "substantial certainty" that the result  and various other legal theories.

The settlement will not materially affect Brush Engineered Materials Inc.'s financial results. Some of the settlement expense is covered by insurance. The remainder, averaging about $13,000 per settled claim, was adequately provided for by previously established reserves.

Baron & Budd, P.C., of Dallas, represented the plaintiffs in the settlement.

As part of the agreement, two purported class actions against Brush Wellman seeking medical monitoring damages were also dismissed. Plaintiffs' motion to certify the class in a separate medical monitoring case was denied in February in the Court of Common Pleas COURT OF COMMON PLEAS. The name of an English court which was established on the breaking up of the aula regis, for the determination of pleas merely civil. It was at first ambulatory, but was afterwards located.  in Cuyahoga County, Ohio Cuyahoga County (IPA pronunciation: ˌkaɪəˈhɔgə)[2] is a county located in the state of Ohio, United States. .

Commenting on the settlement, Gordon D. Harnett, President, Chairman and Chief Executive Officer of Brush Engineered Materials Inc., said, "This agreement provides Brush Wellman with an expedient and very cost effective means to place a large block of claims behind it, further reducing future risk and uncertainty associated with this litigation."

Over the past year, the company has received favorable rulings on summary judgment motions in several jurisdictions, and a unanimous trial verdict in Colorado in June 2001. When presented with the facts, unbiased third parties have exonerated Brush Wellman and have recognized the company's proactive and comprehensive efforts to protect its employees, as well as those of its customers and vendors.

Harnett added, "We believe that our successful record in defending against these types of claims and repeated favorable court rulings provided a powerful incentive for these plaintiffs to agree to a settlement."

Brush Wellman Inc. is a wholly-owned subsidiary of Brush Engineered Materials Inc. (NYSE NYSE

See: New York Stock Exchange
:BW). Brush Engineered Materials Inc. is headquartered in Cleveland. The Company, through its wholly-owned subsidiaries, supplies worldwide markets with beryllium products, alloy products, electronic products, precious metal products, and engineered material systems.
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Publication:Business Wire
Geographic Code:1USA
Date:Jun 25, 2002
Words:371
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