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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Issue #149, March 2015
A Missouri federal court has rejected a respirator mask defendant’s attempts to dismiss silica claims as preempted under the Occupational Safety and Health Act, ruling that the underlying claims fall within the Act’s savings clause.
A New York appellate court has reversed a trial court decision denying summary judgment to both parties in an insurance dispute involving underlying silica exposure, concluding that the exclusions in the policy prohibited the claims.
Issue #148, February 2015
An Alabama federal court has issued an order precluding a number of experts from testifying in a PCB exposure case, finding in part that the expert testimony was unreliable.
E.I du Pont de Nemours has moved to compel discovery responses from plaintiffs with claims pending in the national coordinated C-8 chemical release docket, saying the plaintiffs’ steering committee has “repeatedly thwarted every attempt by DuPont to receive responses to basic written discovery….”
DuPont is prohibited from challenging protocols used by a panel in determining a potential link between a human disease and C-8 exposure, a federal court has ruled, since a prior state court settlement agreement “explicitly” provided the parameters of the study.
Fla. Court Issues Rulings in Tobacco Case, Says Defendants Can Present Evidence of Other Occupational Chemical Exposure
A Florida federal court has issued a ruling on a variety of in limine motions filed by both parties in a cigarette exposure suit, ruling in part that the defendants in the case may present evidence that the decedent’s bladder cancer could have been caused by exposure to occupational chemicals.
An appeal asserted by an employer of a claimant who says his work caused him to develop occupational pneumoconiosis has been denied by a West Virginia Court, which found no error in a Board of Review’s assessment of 10 percent permanent partial disability.
W. Va. Court Upholds Award of Only 15 Percent Disability Benefits in Occupational Dust Exposure Claim
A West Virginia appellate court has upheld an award of 15 percent permanent partial disability award, noting that there was sufficient evidence in the record to support that anything higher than that was due to non-occupational causes.
Calif. Appellate Court: Jury Shouldn’t Have Been Told of Food Flavoring Plaintiff’s Illegal Immigrant Status
A California appellate court has reversed a defense verdict in a diacetyl food flavorings case, agreeing with the plaintiff that his illegal immigrant status should not have been disclosed to potential jurors.
Issue #147, January 2015
CERCLA Displaces Federal Common Law Public Nuisance Claims, Wash. Federal Judge Rules in Emissions Case
A Washington federal judge has dismissed federal common law public nuisance claims asserted against Teck Metals Ltd. in a smelter emissions exposure case, finding they are displaced by the Comprehensive Environmental Response, Compensation, and Liability Act.