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Occupational Exposure Litigation
Occupational Exposure Litigation offers exclusive insight into the latest developments in this complex litigation arena with extensive, objective courtroom news coverage of the hundreds of lawsuits being filed across the country, thorough examinations of the medical complexities of the diseases linked to silica exposure, and guest articles written by counsel and medical experts from the front lines of this litigation.
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Current Issue
Nevada High Court Affirms Firefighter’s Award Despite Lack of Rebuttable Presumption
The Nevada Supreme Court has affirmed a benefit award for a Las Vegas firefighter who contended that his cancer qualifies as a compensable occupational disease despite not meeting that criteria under the state’s rebuttable presumption statute.
Federal Court Rejects Labor Dept.’s Jurisdictional Challenge in Uranium Miner’s Suit
A federal court has denied the U.S. Department of Labor’s request that it reconsider an order allowing a former uranium miner to seek judicial review of the department’s denial of his federal benefit claim despite his late filing.
Ark. Federal Court Schedules Trial, Motion Deadlines in Suit Against 3M, Mine Safety
A federal judge in Arkansas has scheduled trial for March 2014 in a silica-exposure case brought by a former truck driver and concrete worker who alleges that respirators made by Mine Safety Appliances Co. (NYSE: MSA), 3M (NYSE: MMM) and other firms failed to protect him from silicosis and related illnesses.
Local Police and Family Members Sue Conrail, CSX, Norfolk Southern Over Chemical Train Derailment
A dozen Paulsboro, N.J., police officers and a public works employee have filed a negligence action against Consolidated Rail Corp., CSX Inc. (NYSE: CSX) and Norfolk Southern Corp. (NYSE: NSC) alleging continuing injuries from exposure to vinyl chloride gas that leaked from the site of a November train derailment.
Issue #127, May 2013
3rd Circuit Finds for Philadelphia Water Department on Employee’s MTBE Disability Claim
The 3rd Circuit Court of Appeals has affirmed summary judgment for the Philadelphia Water Department on allegations by a former employee that the department failed to accommodate her sensitivity to MTBE and retaliated against her for raising the issue.
Federal Court Declines to Apply Prior Jury Verdict on Causation to Related Mold Claims
A federal judge has declined to bind landlord defendants to a jury’s findings on causation in a related office mold case, saying the prejudice that would result would outweigh any benefits.
Ga. Court Denies Summary Judgment Sought by BASF and Other Diacetyl Defendants
A Georgia judge has denied summary judgment sought by BASF Corp. and other defendants in a popcorn-flavoring case, saying they failed to show that the case was filed outside the statute of limitations.
7th Circuit Affirms Labor Dept’s Access to Mine Employees’ Medical Records
A federal circuit court has affirmed the authority of the Secretary of Labor to request medical and personnel records of individual miners to assess whether mine operators have been accurately reporting injuries and illnesses.
2nd Cir.: OSHA Preemption Doesn’t Apply Where City’s Purpose is to Protect the Public
The 2nd Circuit Court of Appeals has rejected arguments that New York City’s efforts to regulate construction cranes is preempted by federal workplace safety rules, saying an exception applies when the city’s intention is to reduce risks to the general public.
Court Denies Summary Judgment to Delaware and Hudson Railway in Hearing Loss Case
A federal judge has denied Delaware and Hudson Railway Co.’s motion for summary judgment in a workplace hearing loss suit, saying the extent of the plaintiff’s disability and the question of when he should have been aware of his injury should be left to a jury.
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