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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An excess insurer may litigate the date of injury in a coverage dispute arising from a multiple myeloma workers' compensation claim, a California federal magistrate judge has ruled, explaining that the insurer is not bound by the decision of the Workers’ Compensation Appeals Board.
Issue #152, June 2015
Parties in a toluene exposure suit pending in Florida have reached a settlement agreement, according to a notice filed recently in federal court.
An Illinois federal court has awarded summary judgment to an insurer in a declaratory judgment action, finding it did not owe a property management company a duty to defend in an underlying mold exposure suit.
The federal court overseeing the coordinated docket for those claiming injuries from exposure to C-8 has issued another pretrial order, in part allowing the plaintiffs additional time to provide a list of exhibits that were cited by or testified to by DuPont’s experts.
The U.S. Court of Appeals for the 6th Circuit has upheld an award of Black Lung benefits to a former blaster, finding that the claimant was entitled to a 15-year presumption of eligibility, despite the fact that he did not work in an underground mine.
Residents of several states have filed a lawsuit in Missouri, alleging that they developed blood cancer as a result of exposure to polychlorinated biphenyls.
Several defendants have removed a TCE exposure suit to federal court in Kentucky, contending that the only non-diverse defendants in the in utero exposure case have been dismissed.
Issue #151, May 2015
Calif. Appellate Court Reinstates Diacetyl Exposure Action, Finds Questions of Fact Exist as to Timeliness
A California appellate court has reinstated a diacetyl exposure lawsuit against BASF Corp. and other corporate entities, ruling that a trial court erred in dismissing the action as untimely because issues of fact exist as to whether the plaintiff was aware of his lung disease and its alleged cause before November 2006.
Shell Oil Co. has moved to dismiss a toluene exposure complaint for the third time, saying that, despite two opportunities to fix pleading deficiencies, the plaintiffs have still not identified the toluene, the defendant’s connection to the toluene or the alleged toluene defect.
DuPont’s attempts to compel discovery responses from plaintiffs asserting C-8 personal injury claims have been denied by an Ohio federal court, which opined in part that the information sought by the defendant does not narrow the issues for trial.