LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - Precedent Spurs Court Ordered Discovery In Asbestos Action Against Employer

HARRISBURG, Pa. - Subsequent Pennsylvania Supreme Court precedent allowing tort actions where a disease arises outside the usual bar for workers' compensation claims requires parties to conduct further discovery in an asbestos action, a state appeals court panel held June 17 (Wendy Ann McCloskey, et al. v. Cemline Corp, et al., Nos. 482 WDA 2014, 530 WDA 2014, Pa. Super.; 2015 Pa. Super. Unpub. LEXIS 1793).

Mealey's Labor & Employment - Precedent Spurs Court Ordered Discovery In Asbestos Action Against Employer

HARRISBURG, Pa. - Subsequent Pennsylvania Supreme Court precedent allowing tort actions where a disease arises outside the usual bar for workers' compensation claims requires parties to conduct further discovery in an asbestos action, a state appeals court panel held June 17 (Wendy Ann McCloskey, et al. v. Cemline Corp, et al., Nos. 482 WDA 2014, 530 WDA 2014, Pa. Super.; 2015 Pa. Super. Unpub. LEXIS 1793).

Mealey's Litigation Procedure - Precedent Spurs Court Ordered Discovery In Asbestos Action Against Employer

HARRISBURG, Pa. - Subsequent Pennsylvania Supreme Court precedent allowing tort actions where a disease arises outside the usual bar for workers' compensation claims requires parties to conduct further discovery in an asbestos action, a state appeals court panel held June 17 (Wendy Ann McCloskey, et al. v. Cemline Corp, et al., Nos. 482 WDA 2014, 530 WDA 2014, Pa. Super.; 2015 Pa. Super. Unpub. LEXIS 1793).

Mealey's Toxic Tort/Environmental - Precedent Spurs Court Ordered Discovery In Asbestos Action Against Employer

HARRISBURG, Pa. - Subsequent Pennsylvania Supreme Court precedent allowing tort actions where a disease arises outside the usual bar for workers' compensation claims requires parties to conduct further discovery in an asbestos action, a state appeals court panel held June 17 (Wendy Ann McCloskey, et al. v. Cemline Corp, et al., Nos. 482 WDA 2014, 530 WDA 2014, Pa. Super.; 2015 Pa. Super. Unpub. LEXIS 1793).

Mealey's PI/Product Liability - Pennsylvania Tort Exemption Applies To Employee's Case, New York Justice Says

NEW YORK - Pennsylvania law allowing employee tort actions where a disease arises outside the window for a workers' compensation action applies to an asbestos action filed in New York and alleging exposure in Pennsylvania, a New York justice held in an opinion posted May 27 (Venetia Kontogouris, et al. v. A.O. Smith Water Products Inc., et al., No. 190397/2014, N.Y. Sup., New York Co.; 2015 N.Y. Misc. LEXIS 1839).

Mealey's Labor & Employment - Pennsylvania Tort Exemption Applies To Employee's Case, New York Justice Says

NEW YORK - Pennsylvania law allowing employee tort actions where a disease arises outside the window for a workers' compensation action applies to an asbestos action filed in New York and alleging exposure in Pennsylvania, a New York justice held in an opinion posted May 27 (Venetia Kontogouris, et al. v. A.O. Smith Water Products Inc., et al., No. 190397/2014, N.Y. Sup., New York Co.; 2015 N.Y. Misc. LEXIS 1839).

Mealey's Toxic Tort/Environmental - Pennsylvania Tort Exemption Applies To Employee's Case, New York Justice Says

NEW YORK - Pennsylvania law allowing employee tort actions where a disease arises outside the window for a workers' compensation action applies to an asbestos action filed in New York and alleging exposure in Pennsylvania, a New York justice held in an opinion posted May 27 (Venetia Kontogouris, et al. v. A.O. Smith Water Products Inc., et al., No. 190397/2014, N.Y. Sup., New York Co.; 2015 N.Y. Misc. LEXIS 1839).

Mealey's PI/Product Liability - Court Finds Lack Of Asbestosis Diagnosis Dooms Lung Cancer Claim

CHARLESTON, W.Va. - Absent solid evidence that a man suffers from asbestosis, he cannot link his lung cancer to occupational asbestos exposure, West Virginia's top court held in affirming denial of workers' compensation benefits on May 7 (James Lawrentz v. Constellium Rolled Products Ravenswood, No. 14-0711, W.Va. Sup. App.; 2015 W.Va. LEXIS 592).

Mealey's PI/Product Liability - Workers' Compensation Court Properly Credited Experts, West Virginia Court Says

CHARLESTON, W.Va. - The state's workers' compensation courts properly credited one set of experts relying on case-specific evidence over conflicting expert testimony, West Virginia's top court held May 7 (George A. Vaughan v. Alcan Rolled Products - Ravenswood LLC, No. 14-0817, W.Va. Sup. App.; 2015 W.Va. LEXIS 593).

Mealey's Labor & Employment - Workers' Compensation Court Properly Credited Experts, West Virginia Court Says

CHARLESTON, W.Va. - The state's workers' compensation courts properly credited one set of experts relying on case-specific evidence over conflicting expert testimony, West Virginia's top court held May 7 (George A. Vaughan v. Alcan Rolled Products - Ravenswood LLC, No. 14-0817, W.Va. Sup. App.; 2015 W.Va. LEXIS 593).

Mealey's Toxic Tort/Environmental - Court Finds Lack Of Asbestosis Diagnosis Dooms Lung Cancer Claim

CHARLESTON, W.Va. - Absent solid evidence that a man suffers from asbestosis, he cannot link his lung cancer to occupational asbestos exposure, West Virginia's top court held in affirming denial of workers' compensation benefits on May 7 (James Lawrentz v. Constellium Rolled Products Ravenswood, No. 14-0711, W.Va. Sup. App.; 2015 W.Va. LEXIS 592).

Mealey's Toxic Tort/Environmental - Workers' Compensation Court Properly Credited Experts, West Virginia Court Says

CHARLESTON, W.Va. - The state's workers' compensation courts properly credited one set of experts relying on case-specific evidence over conflicting expert testimony, West Virginia's top court held May 7 (George A. Vaughan v. Alcan Rolled Products - Ravenswood LLC, No. 14-0817, W.Va. Sup. App.; 2015 W.Va. LEXIS 593).

Mealey's Insurance - Panel: Insurance Guarantor Need Not Cover Workers' Compensation Claim

ST. PAUL, Minn. - A Minnesota appellate panel on April 20 affirmed a lower court, holding that the state's insurance guaranty association is not obligated to pay a workers' compensation claim (Terminal Transport, Inc. v. Minnesota Insurance Guaranty Association, No. A14-1284, Minn. App.; 2015 Minn. App. LEXIS 17).

Mealey's Insurance - Judge Approves $60,000 Payment Of Insolvent Insurer's Lien

CHICAGO - An Illinois judge on April 2 approved a $60,000 agreement that pays a portion of a workers' compensation lien placed by an insolvent insurer and releases the insolvent insurer's obligations under a workers' compensation policy (In the Matter of the Liquidation of Reinsurance Company of America, Inc., No. 10-CH-06207, Ill. Cir., Cook Co.).

Mealey's Litigation Procedure - Judge Grants Partial Dismissal Of Injury Claims From Chemical Exposure At Plant

FRANKFORT, Ky. - A federal judge in Kentucky on March 31 partially dismissed a chemical exposure injury case filed by a group of former employees of a glass manufacturing plant, concluding that the claim for fraud failed but that their allegations of fraudulent concealment were not barred by state workers' compensation laws (Elbert Cox Jr., et al. v. Koninklijke Philips NV, et al., No. 13-406, E.D. Ky.; 2015 U.S. Dist. LEXIS 41120).

Mealey's Toxic Tort/Environmental - Judge Grants Partial Dismissal Of Injury Claims From Chemical Exposure At Plant

FRANKFORT, Ky. - A federal judge in Kentucky on March 31 partially dismissed a chemical exposure injury case filed by a group of former employees of a glass manufacturing plant, concluding that the claim for fraud failed but that their allegations of fraudulent concealment were not barred by state workers' compensation laws (Elbert Cox Jr., et al. v. Koninklijke Philips NV, et al., No. 13-406, E.D. Ky.; 2015 U.S. Dist. LEXIS 41120).

Mealey's Labor & Employment - West Virginia Court Finds Lack Of Asbestosis Fatal To Workers' Comp Claim

CHARLESTON, W.Va. - Lack of an asbestosis diagnosis dooms a widow's workers' compensation lung cancer claim, the West Virginia Supreme Court of Appeals held March 27 (Stella Watkins, widow of Clay Watkins Jr. v. Century Aluminum of West Virginia Inc., No. 14-0390, W.Va. App.; 2015 W.Va. LEXIS 225).

Mealey's PI/Product Liability - West Virginia Court Finds Lack Of Asbestosis Fatal To Workers' Comp Claim

CHARLESTON, W.Va. - Lack of an asbestosis diagnosis dooms a widow's workers' compensation lung cancer claim, the West Virginia Supreme Court of Appeals held March 27 (Stella Watkins, widow of Clay Watkins Jr. v. Century Aluminum of West Virginia Inc., No. 14-0390, W.Va. App.; 2015 W.Va. LEXIS 225).

Mealey's Toxic Tort/Environmental - West Virginia Court Finds Lack Of Asbestosis Fatal To Workers' Comp Claim

CHARLESTON, W.Va. - Lack of an asbestosis diagnosis dooms a widow's workers' compensation lung cancer claim, the West Virginia Supreme Court of Appeals held March 27 (Stella Watkins, widow of Clay Watkins Jr. v. Century Aluminum of West Virginia Inc., No. 14-0390, W.Va. App.; 2015 W.Va. LEXIS 225).

Mealey's Labor & Employment - High Court Declines Review In Preemption Ruling Involving UCL Claim

WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 23 denied a petition for writ of certiorari, leaving in place a California Supreme Court decision holding that the Federal Aviation Administration Authorization Act (FAAAA) does not preempt a California unfair competition law (UCL) lawsuit filed by the state alleging that a trucking company misclassifies drivers as independent contractors to avoid paying payroll taxes or provide workers' compensation (Pac Anchor Transportation, et al. v. People of the State of California, ex rel. Kamala D. Harris, etc., No. 14-491, U.S. Sup.).

Mealey's Antitrust/Unfair Competition - High Court Declines Review In Preemption Ruling Involving UCL Claim

WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 23 denied a petition for writ of certiorari, leaving in place a California Supreme Court decision holding that the Federal Aviation Administration Authorization Act (FAAAA) does not preempt a California unfair competition law (UCL) lawsuit filed by the state alleging that a trucking company misclassifies drivers as independent contractors to avoid paying payroll taxes or provide workers' compensation (Pac Anchor Transportation, et al. v. People of the State of California, ex rel. Kamala D. Harris, etc., No. 14-491, U.S. Sup.).

Mealey's Toxic Tort/Environmental - State Panel: Injury Blamed On Fracking Fluid Exposure Fails For Lack Of Evidence

HARRISBURG, Pa. - A Pennsylvania state court judge on Feb. 11 affirmed a ruling by a Workers' Compensation Board (WCB) that found that a man who alleged he was blinded when he was sprayed in the face by hydraulic fracturing fluid did not provide sufficient medical evidence to show that his injury was caused the way he said it was (James Dershem v. Workers' Compensation Appeal Board, No. 1171 C.D. 2014, Pa. Cmwlth.; 2015 Pa. Commw. Unpub. LEXIS 105).

Mealey's PI/Product Liability - Death Doesn't Relate Back To Workers' Comp Disability, New York Court Says

ALBANY, N.Y. - An employee's death is a separate injury from his disability and necessitates a separate reimbursement claim by an employer, a New York appeals court held Jan. 29 in affirming denial of the untimely reimbursement claim (In the Matter of the Claim of Richard J. Connolly v. Consolidated Edison, et al. and Special Disability Fund, Workers' Compensation Board, No. 518246, N.Y. Sup., App. Div., 3rd Dept.; 2015 N.Y. App. Div. LEXIS 685).

Mealey's Labor & Employment - Death Doesn't Relate Back To Workers' Comp Disability, New York Court Says

ALBANY, N.Y. - An employee's death is a separate injury from his disability and necessitates a separate reimbursement claim by an employer, a New York appeals court held Jan. 29 in affirming denial of the untimely reimbursement claim (In the Matter of the Claim of Richard J. Connolly v. Consolidated Edison, et al. and Special Disability Fund, Workers' Compensation Board, No. 518246, N.Y. Sup., App. Div., 3rd Dept.; 2015 N.Y. App. Div. LEXIS 685).

Mealey's Toxic Tort/Environmental - Death Doesn't Relate Back To Workers' Comp Disability, New York Court Says

ALBANY, N.Y. - An employee's death is a separate injury from his disability and necessitates a separate reimbursement claim by an employer, a New York appeals court held Jan. 29 in affirming denial of the untimely reimbursement claim (In the Matter of the Claim of Richard J. Connolly v. Consolidated Edison, et al. and Special Disability Fund, Workers' Compensation Board, No. 518246, N.Y. Sup., App. Div., 3rd Dept.; 2015 N.Y. App. Div. LEXIS 685).