LexisNexis® Legal Newsroom
Mealey's Antitrust/Unfair Competition - Judge Refuses To Remand Former Red Cross Worker's Discrimination Claims

LOS ANGELES - After finding that a former Red Cross employee's claims for violation of California's unfair competition law (UCL), fraud and other claims against her former employer did not arise under California's workers' compensation law, a California federal judge on Nov. 4 denied her ex parte application to remand the case to a state court (Xochitl Nisbet v. American National Red Cross, et al., No. 16-7342, C.D. Calif.; 2016 U.S. Dist. LEXIS 153626).

Mealey's Insurance - Only 2 Claims Against W.R. Grace Insurers Survive Summary Judgment

WILMINGTON, Del. - Two claimants in Libby, Mont., seeking to hold insurers of W.R. Grace & Co. liable for their asbestos injuries can pursue negligence and bad faith claims in state court against an insurer based on workers' compensation policies not covered by W.R. Grace's Chapter 11 reorganization; however, similar claims in other state court actions are barred by an injunction in W.R. Grace's case channeling asbestos claims to a trust for resolution, a Delaware federal bankruptcy judge ruled Oct. 17 (In re: W.R. Grace & Co., et al., No. 01-01139 [Ralph Hutt and Carl Osborn v. Maryland Casualty Company, No. 14-50867], [Continental Casualty Company, et al. v. Jeremy B. Carr, et al., No. 15-50766], D. Del. Bkcy.).

Mealey's Bankruptcy - Only 2 Claims Against W.R. Grace Insurers Survive Summary Judgment

WILMINGTON, Del. - Two claimants in Libby, Mont., seeking to hold insurers of W.R. Grace & Co. liable for their asbestos injuries can pursue negligence and bad faith claims in state court against an insurer based on workers' compensation policies not covered by W.R. Grace's Chapter 11 reorganization; however, similar claims in other state court actions are barred by an injunction in W.R. Grace's case channeling asbestos claims to a trust for resolution, a Delaware federal bankruptcy judge ruled Oct. 17 (In re: W.R. Grace & Co., et al., No. 01-01139 [Ralph Hutt and Carl Osborn v. Maryland Casualty Company, No. 14-50867], [Continental Casualty Company, et al. v. Jeremy B. Carr, et al., No. 15-50766], D. Del. Bkcy.).

Mealey's Toxic Tort/Environmental - Supplier Denies Liability For Injuries From Lithium Battery Explosion

OKLAHOMA CITY - One of the defendants being sued in connection with injuries suffered by two workers when a lithium battery exploded during a hydraulic fracturing operation filed an answer and counterclaim in Oklahoma federal court on Oct. 14, contending that the plaintiffs fail to state a claim upon which relief can be granted and that it is entitled to immunity under the Oklahoma Workers' Compensation Act (Jacob McGehee, et al. v. Southwest Electronic Energy Corporation, et al., and Southwest Electronic Energy Corporation v. Engineered Power LP, et al., No. 15-145, W.D. Okla.).

Mealey's PI/Product Liability - Judge: Case Alleging Failure To Pay Workers' Comp Asbestos Benefits May Proceed

CHARLOTTE, N.C. - A mesothelioma sufferer has standing to pursue, and the court has jurisdiction over, claims that an employer and its insurer are not making timely payments under North Carolina's workers' compensation statutes, a federal judge in North Carolina held Sept. 9 (James Norman Richardson v. PCS Phosphate Company Inc., et al., No. 16-00068, W.D. N.C; 2016 U.S. Dist. LEXIS 122354).

Mealey's Toxic Tort/Environmental - Judge: Case Alleging Failure To Pay Workers' Comp Asbestos Benefits May Proceed

CHARLOTTE, N.C. - A mesothelioma sufferer has standing to pursue, and the court has jurisdiction over, claims that an employer and its insurer are not making timely payments under North Carolina's workers' compensation statutes, a federal judge in North Carolina held Sept. 9 (James Norman Richardson v. PCS Phosphate Company Inc., et al., No. 16-00068, W.D. N.C; 2016 U.S. Dist. LEXIS 122354).

Mealey's Toxic Tort/Environmental - Pennsylvania Court Affirms Denial Of Asbestos-Related Prostate Employment Claim

PHILADELPHIA - A firefighter's failure to link occupation exposure to asbestos and other carcinogens to his prostate cancer dooms his workers' compensation claim, a Pennsylvania Commonwealth Court held Sept. 7 (Earl Hutz v. Workers' Compensation Appeal Board [City of Philadelphia], No. 2140 C.D. 2015, Pa. Cmwlth.; 2016 Pa. Commw. LEXIS 382).

Mealey's Insurance - Judge: Insurer Did Not Act In Bad Faith In Not Paying Full Benefits To Insured

LAS VEGAS - An insurer did not act in bad faith in failing to pay an insured the policy limits under the underinsured motorist (UIM) provision of an automobile insurance policy because the insured had received payments from workers' compensation for his injuries that were deducted from the insurance payment, a federal judge in Nevada ruled Sept. 7 in granting the insurer's motion for reconsideration (Jose R. Luna v. State Farm Mutual Automobile Insurance Co., No. 15-1104, D. Nev.; 2016 U.S. Dist. LEXIS 120598).

Mealey's Insurance - Judge: Bad Faith Suit Subject To Stay Pending Workers' Compensation Action

RUTLAND, Vt. - An insured's bad faith lawsuit against her former employer's workers' compensation insurance provider is subject to the primary jurisdiction doctrine and, thus, is subject to a stay pending the outcome of the insured's workers' compensation proceedings with the Vermont Department of Labor (DOL), a federal judge in Vermont ruled Aug. 26 (Annemieke Graven Meau v. Sentry Casualty Co., No. 15-67, D. Vt.; 2016 U.S. Dist. LEXIS 113653).

Mealey's Labor & Employment - 8th Circuit: Unofficial Agreement Excluded Donning, Doffing From Compensable Time

ST. LOUIS - Hourly manufacturing employees are not owed compensation for time spent donning and doffing work clothing because that time was excluded from measured working time in an implied-in-fact bona fide collective bargaining agreement between the employer and union representing the workers, the Eighth Circuit U.S. Court of Appeals ruled Aug. 23 (David J. Jackson, et al. v. Old EPT, LLC, also known as EaglePicher Technologies, LLC, No. 15-1078, 8th Cir.; 2016 U.S. App. LEXIS 15416).

Mealey's PI/Product Liability - Texas Appeals Panel Says Workers' Comp Is Injured Employee's Exclusive Remedy

DALLAS - A Texas appellate panel on Aug. 16 affirmed summary judgment in favor of a general contractor and subcontractors in an injured worker's tort-based lawsuit because, it said, the worker's exclusive remedy was through the Texas Workers' Compensation Act (Juan Carlos Flores v. Chasco Inc., et al., No. 05-14-00531-CV, Texas App., 5th Dist.; 2016 Tex. App. LEXIS 8913).

Mealey's Toxic Tort/Environmental - Pennsylvania Federal Judge: Workers' Comp Act Is Exclusive Remedy For Injuries

PHILADELPHIA - A Pennsylvania federal judge on Aug. 12 dismissed a class claim for medical monitoring brought by airline workers stationed at the Philadelphia International Airport who allege that they were exposed to toxins, finding that the Pennsylvania Workers' Compensation Act (PWCA) is the exclusive remedy available to the workers (David Smith, et al. v. American Airlines, Inc., et al., No. 16-156, E.D. Pa.; 2016 U.S. Dist. LEXIS 107402).

Mealey's Labor & Employment - Pennsylvania Federal Judge: Workers' Comp Act Is Exclusive Remedy For Injuries

PHILADELPHIA - A Pennsylvania federal judge on Aug. 12 dismissed a class claim for medical monitoring brought by airline workers stationed at the Philadelphia International Airport who allege that they were exposed to toxins, finding that the Pennsylvania Workers' Compensation Act (PWCA) is the exclusive remedy available to the workers (David Smith, et al. v. American Airlines, Inc., et al., No. 16-156, E.D. Pa.; 2016 U.S. Dist. LEXIS 107402).

Mealey's Litigation Procedure - Pennsylvania Federal Judge: Workers' Comp Act Is Exclusive Remedy For Injuries

PHILADELPHIA - A Pennsylvania federal judge on Aug. 12 dismissed a class claim for medical monitoring brought by airline workers stationed at the Philadelphia International Airport who allege that they were exposed to toxins, finding that the Pennsylvania Workers' Compensation Act (PWCA) is the exclusive remedy available to the workers (David Smith, et al. v. American Airlines, Inc., et al., No. 16-156, E.D. Pa.; 2016 U.S. Dist. LEXIS 107402).

Mealey's Labor & Employment - Texas Panel Affirms Judgment For Defendant, Finds Workers' Comp Act Applies

AUSTIN, Texas - The exclusive remedy provision of the Texas Workers' Compensation Act (TWCA) barred a man's premises liability claims against a general contractor for injuries he sustained while working as a subcontractor on a construction site, a Texas appellate panel ruled July 22, affirming summary judgment for the general contractor (Matthew Eric Kershner v. Samsung Austin Semiconductor, LLC, No. 03-15-00529-CV, Texas App., 3rd Dist.; 2016 Tex. App. LEXIS 7801).

Mealey's PI/Product Liability - Texas Panel Affirms Judgment For Defendant, Finds Workers' Comp Act Applies

AUSTIN, Texas - The exclusive remedy provision of the Texas Workers' Compensation Act (TWCA) barred a man's premises liability claims against a general contractor for injuries he sustained while working as a subcontractor on a construction site, a Texas appellate panel ruled July 22, affirming summary judgment for the general contractor (Matthew Eric Kershner v. Samsung Austin Semiconductor, LLC, No. 03-15-00529-CV, Texas App., 3rd Dist.; 2016 Tex. App. LEXIS 7801).

Mealey's Litigation Procedure - NHL MDL Judge Orders Workers' Comp Insurer To Turn Over Medical Reports

MINNEAPOLIS - The judge overseeing the National Hockey League (NHL) concussion injury multidistrict litigation on July 13 partially granted the players' motion to enforce a subpoena and ordered the league's workers' compensation insurer to produce independent medical exam (IME) records of NHL retirees who had submitted workers' comp claims (In re: National Hockey League Players Concussion Injury Litigation, MDL No. 14-2551, D. Minn.).

Mealey's PI/Product Liability - NHL MDL Judge Orders Workers' Comp Insurer To Turn Over Medical Reports

MINNEAPOLIS - The judge overseeing the National Hockey League (NHL) concussion injury multidistrict litigation on July 13 partially granted the players' motion to enforce a subpoena and ordered the league's workers' compensation insurer to produce independent medical exam (IME) records of NHL retirees who had submitted workers' comp claims (In re: National Hockey League Players Concussion Injury Litigation, MDL No. 14-2551, D. Minn.).

Mealey's Labor & Employment - Servers' Class Suit Over Nontipped Work, Credit Card Fees Is Dismissed

CINCINNATI - An Ohio federal judge on June 21 dismissed a class complaint accusing a seafood and steakhouse of failing to properly compensate its workers for nontipped duties performed before and after closing and improperly deducting transaction fees from tips paid via credit cards (Chelsey Craig, et al. v. Landry's, Inc., et al., No. 16-277, S.D. Ohio; 2016 U.S. Dist. LEXIS 80489).

Mealey's Litigation Procedure - Insurance Company Asks Court To Limit Records Sought By NHL Players

MINNEAPOLIS - A workers' compensation insurer for teams in the National Hockey League (NHL) in a June 21 brief asked the judge overseeing the NHL concussion multidistrict litigation to issue an order limiting further production of independent medical examinations (IMEs) to those it already secured for the former players in the MDL (In re: National Hockey League Players Concussion Injury Litigation, MDL No. 14-2551, D. Minn.).

Mealey's Litigation Procedure - Servers' Class Suit Over Nontipped Work, Credit Card Fees Is Dismissed

CINCINNATI - An Ohio federal judge on June 21 dismissed a class complaint accusing a seafood and steakhouse of failing to properly compensate its workers for nontipped duties performed before and after closing and improperly deducting transaction fees from tips paid via credit cards (Chelsey Craig, et al. v. Landry's, Inc., et al., No. 16-277, S.D. Ohio; 2016 U.S. Dist. LEXIS 80489).

Mealey's PI/Product Liability - Insurance Company Asks Court To Limit Records Sought By NHL Players

MINNEAPOLIS - A workers' compensation insurer for teams in the National Hockey League (NHL) in a June 21 brief asked the judge overseeing the NHL concussion multidistrict litigation to issue an order limiting further production of independent medical examinations (IMEs) to those it already secured for the former players in the MDL (In re: National Hockey League Players Concussion Injury Litigation, MDL No. 14-2551, D. Minn.).

Mealey's Insurance - Judge Denies Man's Motion To Vacate Sentence For Workers' Compensation Fraud

ABINGDON, Va. - A federal judge in Virginia on June 9 denied a man's motion to vacate his 144-month prison sentence for his role in a workers' compensation insurance fraud scheme, holding that his counsel was effective and that the sentence was properly adjusted based on the defendant's criminal history (United States of America v. Carlos Perry, No. 14CR00003, W.D. Va.; 2016 U.S. Dist. LEXIS 74977).

Mealey's Insurance - Abatement Of Bad Faith Claim In Workers' Compensation Suit Proper, Judge Rules

TAMPA, Fla. - Dismissal of a statutory bad faith claim in a workers' compensation coverage dispute is not proper because abatement of the claim pending resolution of a breach of contract claim is appropriate, a federal judge in Florida ruled May 26 (DSK Group Inc. v. Zurich American Insurance Co., No. 15-1987, M.D. Fla.; 2016 U.S. Dist. LEXIS 69225).

Mealey's Insurance - Judge Approves Agreement Between Special Funds Committee And Liquidator

CHICAGO - An Illinois judge on May 19 approved the settlement of an asbestos-related workers' compensation lien between the liquidator of an insolvent insurer and an out-of-state injury fund (People of the State of Illinois, ex rel. Andrew Boron, Director of Insurance of the state of Illinois v. Lumbermens Mutual Casualty Co., No. 12-24227, Ill. Cir., Cook Co.).