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Bodily Injury Occupational Exposure

Goldberg Segalla

California Jury Returns Asbestos Verdict For Auto Parts Companies

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Court: Calif. Super., Los Angeles Co. - Plaintiff, Ronald Carpenter, filed suit against various defendants, claiming his lung cancer was caused by exposure to asbestos from their products. Carpenter alleged various exposures,...more

Goldberg Segalla

Summary Judgment Granted in Favor of Pipe Fitting Defendant

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Court: United States Court for the Middle District of North Carolina - In this asbestos action, plaintiff Linwood W. Pierce alleged he was exposed to asbestos throughout his career as a welder and pipefitter from the...more

Maison Law

California Farm Worker's Hurt on the Job: Know Your Rights

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California is home to a large and diverse agricultural industry where farm workers play a crucial role in the state's economy. However, the physical demands and hazardous conditions can often make farm work dangerous....more

Goldberg Segalla

Defendant’s Motion for Summary Judgment Granted Based on Expert Preclusion

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Jurisdiction: United States District Court for the Southern District of New York - Plaintiff Scott Keller alleged that he was exposed to asbestos during his employment on ExxonMobil Oil Company vessels and that he developed...more

Husch Blackwell LLP

Texas Court Upholds Summary Judgment in Silica Case

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The Texas Fourteenth Court of Appeals upheld summary judgment for Exxon Mobil corporation in Stanley Cole v. Exxon Mobil Corp. (No. 14-22-00756-CV), a premises liability case involving alleged exposure to olivine dust. The...more

Marshall Dennehey

Claimant’s Conversation With Fellow Firefighter About Act 46 Cancer Presumption Was Not the Date He Became Aware of His Cancer’s...

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West Conshohocken Borough v. David Markland (WCAB); No. 1382 C.D. 2022; filed Jan. 2, 2025 - This case involved a Claim Petition filed based on an occupational disease. The claimant worked as a firefighter and filed an Act 46...more

Marshall Dennehey

Top 10 Developments in Delaware Workers’ Compensation in 2024

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1.    The Delaware Supreme Court affirmed an Industrial Accident Board decision that concluded that a COVID-19 workplace exposure at a poultry processing plant did not qualify as a compensable occupational disease. Fowler v....more

Marshall Dennehey

Top 10 Developments in Florida Workers’ Compensation in 2024

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1. As the employer/carrier was not able to overcome presumption, a firefighter’s COVID-19, requiring heart transplant, was found to be work-related. Seminole County, Florida and Johns Eastern Company, Inc. v. Chad Braden,...more

Houston Harbaugh, P.C.

Pennsylvania Superior Court Holds That Employer’s Liability Exclusions May Not Bar Coverage For Asbestos Claims Of An Employee’s...

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Employer’s Liability Exclusions typically apply to claims for bodily injury to employees arising out of and in the course of their employment by the insured. But, to what extent might such exclusions apply to claims for...more

Goldberg Segalla

Fifth Circuit Affirms District Court Decisions Excluding Appellants’ Experts Reports and Granting Summary Judgment

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Court: United States Court of Appeals for the Fifth Circuit - Plaintiff Harry Marsh worked as a merchant mariner from 1944 to 1992. He was diagnosed with mesothelioma in 2018 and subsequently sued the owner of every vessel he...more

Goldberg Segalla

Appellate Division Reverses Denial of Door Manufacturer’s Motion to Dismiss

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Supreme Court of New York, Appellate Division, First Department - In July 2023, the trial court denied a door manufacturer’s motion to dismiss. Upon appeal, the Supreme Court, Appellate Division, First Department found...more

Goldberg Segalla

Glove Manufacturer’s Renewed Motion to Dismiss Based Upon Lack of Personal Jurisdiction Denied

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Court: Supreme Court of New York, New York County - Defendant Steel Grip Inc. (SGI) filed a renewed motion to dismiss following the completion of jurisdictional discovery on the basis that it lacked any connection to the...more

Goldberg Segalla

Engine Defendant’s Motions for Summary Judgment Denied

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Court: Supreme Court of New York, New York County - Defendant Perkins Engines Inc. filed motions for summary judgment in two actions, Frederick and Nankervis. In Frederick, Perkins filed its motion based upon a lack of...more

Goldberg Segalla

Summary Judgment and Adjudication Motions Filed by Three Automotive Product Defendants; Some Granted and Some Denied

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Jurisdiction: Superior Court of California, County of Los Angeles - In this asbestos action, three defendants filed motions for summary judgment, and in some cases, in the alternative, motions for summary adjudication,...more

Goldberg Segalla

Court Denies Post-Trial Motions Following Plaintiff’s Verdict

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Supreme Court of New York, New York County; August 28, 2023 - This matter involved plaintiff James McWilliams, who worked as a steamfitter from 1960 until his retirement in 1996. He claimed that his work consisted of...more

Holland & Hart LLP

Georgia-Pacific Ruling Furthers Texas Two-Step Challenges

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The U.S. Court of Appeals for the Fourth Circuit recently approved injunctive relief as part of a strategy for settling mass tort claims through the Chapter 11 bankruptcy case of Bestwall LLC, an entity created by...more

Console and Associates, P.C.

Senate Passes PACT Legislation for Burn Pit Victims

The U.S. Senate passed the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act. The PACT Act is a substantial step in expanding healthcare services and benefits to the millions...more

Cranfill Sumner LLP

Death Claim Series – Whether the Accident or Occupational Disease Caused the Resulting Death.

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Over the next several weeks I will be releasing a series of articles on North Carolina Workers’ Compensation Death Claims.  The articles will address the following five over-arching issues...more

Husch Blackwell LLP

50-State Update On COVID-19 Business Liability Protections

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A number of states have passed or are considering passing legislation to shield certain businesses from liability from claims for injury caused by exposure to COVID-19. Generally, the laws require that the business was in...more

Rumberger | Kirk

A Look at Covid-19 Litigation and Key Considerations to Mitigate Potential Litigation

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Since March 2020, approximately 4,219 Covid-19 related cases have been filed across the United States, including: 1,004 Insurance Related Cases... 716 Prisoner/Habeas Corpus Cases... 538 Civil Rights Cases... 415 Labor and...more

Rumberger | Kirk

Preventing Pesticide Illness Claims

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There are a number of steps PMPs can take to limit their exposure to claims from customers. MPs and manufacturers sometimes face a variety of claims from consumers, spurred by anti-pesticide activists, alleging that...more

Littler

OSHA Clarifies Safety Requirements for the Construction Industry and those Performing Work in Occupied Homes During COVID-19

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Have you updated your Workplace Safety and Health Program to identify and address the new hazards COVID-19 creates?  If not, now is the time, as OSHA expects employers to assess their workplaces to identify the ways their...more

Morgan Lewis - Up & Atom

Lessons from the Ninth Circuit’s Recent Fukushima Ruling

A panel of the US Court of Appeals for the Ninth Circuit on May 22 issued an order upholding a trial court’s dismissal of the long-running Cooper v. Tokyo Electric Power Co. Holdings Inc. lawsuit. ...more

Littler

Bureau of Labor Statistics Releases Census of Fatal Occupational Injuries Report

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On December 17, 2019, the Bureau of Labor Statistics (BLS) released its Census of Fatal Occupational Injuries Report for 2018....more

Seyfarth Shaw LLP

OSHA Tweets Out a Reminder – Summary of Work-Related Injuries and Illnesses Form 300A for Calendar Year 2019 are Due March 2

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Seyfarth Synopsis: Establishments with 250 or more employees that are currently required to keep OSHA injury and illness records, and establishments with 20-249 employees that are classified in specific industries with...more

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