- Volume 12, Issue #10
- Mississippi High Court Will Review New Trial Order For Sandblaster
JACKSON, Miss. - A sand supplier on May 9 asked the Mississippi Supreme Court to reverse a trial court's order granting a new trial to a sandblaster on the issue of failure to warn, arguing that the lower court abused its discretion in setting aside the defense verdict (Dependable Abrasives v. Richard Pierce, No. 2013-IA-01162, Miss. Sup.; See May 2013, Page 4).
- Product Defect Claims Were Untimely Filed, Mask Maker Tells Mississippi High Court
JACKSON, Miss. - A jackhammer operator's claims that his respirator failed to protect him from inhaling silica were untimely filed because he failed to commence the suit within one year of the dismissal of a similar previous suit, the respirator manufacturer tells the Mississippi Supreme Court on May 14, seeking to vacate a $875,000 jury award (Mine Safety Appliances Co. v. Huey P. Holmes, No. 2014-CA-00009, Miss Sup.).
- Illinois Appeals Court Affirms Denial Of Workers' Comp Claim
MOUNT VERNON, Ill. - The five-year statute of limitation in an Illinois occupational disease statute applies only to coal workers' pneumoconiosis and not to chronic obstructive pulmonary disease (COPD), an Illinois appeals court said June 9 in affirming the denial of a former coal miner's workers' compensation claim as untimely (Jack Carter v. Illinois Workers' Compensation Commission, et al., No. 5-13-0151WC, Ill. App., 5th Dist., 2014 Ill. App. LEXIS 388).
- West Virginia High Court Affirms Refusal To Increase Miner's Disability Award
CHARLESTON, W. Va. - A diffusion test showed that a coal miner was not entitled to an increase in his 15 percent permanent partial disability award, the West Virginia Supreme Court of Appeals held June 10, affirming the reversal of a claims administrator's additional award (Franklin P. Bailey v. United Coal Co. LLC, No. 13-0116, W. Va. Sup., 2014 W. Va. LEXIS 705).
- Widow Is Not Entitled To Dependent's Benefits, West Virginia High Court Affirms
CHARLESTON, W. Va. - A coal miner's widow is not entitled to dependent's benefits because evidence shows that the decedent died from bronchopneumonia and that occupational pneumoconiosis was not a material contributing factor in his death, the West Virginia Supreme Court of Appeals held June 6 in affirming the denial of benefits (Edith Bailey, widow of Eugene R. Bailey v. West Virginia Office of Insurance Commissioner, et al., No. 12-1528, W. Va. Sup., 2014 W. Va. LEXIS 674).
- West Virginia High Court Upholds Denial Of Benefits To Coal Miner's Widow
CHARLESTON, W. Va. - After reviewing expert testimony on whether occupational pneumoconiosis was a significant factor in a coal miner's death, the West Virginia Supreme Court of Appeals on June 9 affirmed the denial of dependent's benefits to his widow (Mamie Harris, widow Of Fred C. Harris v. West Virginia Office of Insurance Commissioner, et al., No. 13-0066, W. Va. Sup., 2014 W. Va. LEXIS 692).
- Sanctions Sought Against Sandblaster For Failure To Disclose Affidavit
PINE BLUFF, Ark. - An Arkansas federal court is set to rule on three silica defendants' April 11 arguments that a sandblaster and his attorneys should be sanctioned for violating their disclosure and discovery obligations by failing to produce a pulmonologist's affidavit for nearly a year after it was executed (Hershel Lee Robinson v. Mine Safety Appliances Co., et al., No. 12-00383, E.D. Ark.; See March 2014, Page 9).
- Recent Decision Supports Arbitration Of Texas Claims, O'Quinn Defendants Say
CORPUS CHRISTI, Texas - A law firm and attorneys associated with the late John M. O'Quinn on April 10 filed a supplemental brief in a Texas federal court on a recent court decision they say supports their efforts to arbitrate silica plaintiffs' malpractice claims (Frank Bates, et al. v. Richard N. Laminack, et al., No. 12-00387, S.D. Texas, See May 2014, Page 14).
- Excess Carrier Argues Other Insurers Must Pay For $1.09 Million Award
JACKSON, Miss. - An excess insurer argues June 13 to a Mississippi federal court that several other policies must be exhausted before it is obligated to contribute to the payment of a $1.09 million jury award to the widow of a man who died from a silica-related illness against a mutual insured silica industry defendant (Dorothy L. Barnett, individually and as wrongful death beneficiary of Howard Barnett, et al. v. Pangborn Corp., No. 14-221, S.D. Miss.; See December 2012, Page 4).
- Insurer Appeals Insured's $8 Million Coverage Award To West Virginia High Court
BERKELEY SPRINGS, W.Va. - An insurer filed a notice of appeal on April 4 to the West Virginia Supreme Court of Appeals, seeking review of a jury's award of $8 million and a judge's subsequent award of $4.7 million in attorney fees and approximately $4.4 million in interest in a silica coverage suit (U.S. Silica Co. v. ACE Fire Underwriters Insurance Co., et al., No. 14-0343, W. Va. Sup.).