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Washington: Widow’s Wrongful Death Action for Husband’s Mesothelioma Barred by Exclusivity

Washington state courts may not use the “substantially certain” test to determine whether an employer’s actions against an injured worker were intentional, again held the Supreme Court of Washington in a split decision. Accordingly, a widow’s contention that her husband’s...

Supreme Court To Decide If Bankruptcy Lawyers Can Get Fees For Pursuing Bonus Fees

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on Oct. 2 agreed to decide whether the U.S. Bankruptcy Code gives bankruptcy courts discretion to award lawyers their fees for successfully defending applications for enhanced attorney fees ( Baker Botts, LLP, et al. v. ASARCO, LLC , No...

Waste Hauler Illegally Demolished Building Filled With Asbestos and 14,500 Tons of Trash

A federal indictment has been filed charging three businessman, including the owner of several garbage-hauling businesses, with violating the Clean Air Act by failing to remove asbestos prior to demolishing a former factory filled with trash. Related charges for illegally dumping garbage at the factory...

North Carolina: Average Weekly Wage Computation Must Be Just to Both Parties

Construing a statutory provision that describes how an injured employee’s average weekly wage should be computed, a North Carolina appellate has affirmed a determination by the state’s Industrial Commission that based an award of death benefits on the wages the deceased employee earned during...

Illinois Appellate Court Clarifies Duty to Defend Standards

By David F. Cutter and William P. Pipal In a decision issued on January 13, 2015, the Illinois Appellate Court, [ enhanced version available to lexis.com subscribers ], affirmed a trial court's ruling that insurers had a duty to defend an insured against the thousands of lawsuits filed against...

Payment Of Attorneys For Defending Fee Requests Debated In Supreme Court

WASHINGTON, D.C. — (Mealey’s) There is no basis in the law for categorically denying payment to lawyers for successfully defending their fee applications in bankruptcy cases, attorney Aaron M. Streett of Texas law firm Baker Botts LLP told the U.S. Supreme Court Feb. 25 in a case in which...

Let It Bleed: A Delaware Case On Venous System Impairment

I recently put a call out for case law guidance on certain of the more obscure permanency values. One of them was the vascular system. And lo and behold, right on top of things was Walt Schmittinger with John Lowman v. Connectiv Power Delivery , IAB#1188166 (10/30/03) , an older case, which like the...

No Diagnosis, No "Damages": Wisconsin's Construction Statute of Repose in Asbestos Cases

How to apply Wisconsin’s construction statute of repose, Wis. Stat. § 893.89, [ enhanced version available to lexis.com subscribers ], in asbestos cases has recently been a hot topic dividing trial courts. The statute bars a broad category of claims if they are brought more than 10 years after...

Pennsylvania: Claimant’s Contention That Third-Party Tort Action Settled for $1 Found Less Than Credible

A Pennsylvania appellate court agreed that a Workers’ Compensation Judge appropriately dismissed a claimant’s Review, Modification and Reinstatement Petitions and agreed that claimant could not recover workers’ compensation benefits because he failed to disclose to the employer or its...

Criminal Asbestos Case Against Tennessee Salvage Company

By E. Lynn Grayson U.S. District Judge Ronnie Greer sentenced five people to prison terms in federal court in Greeneville, Tennessee, this week for conspiring to commit Clean Air Act offenses in connection with the illegal removal and disposal of asbestos-containing materials at the former Liberty...

California Jury Awards $13 Million In Couple’s Asbestos-Tainted Talc Case

LOS ANGELES — (Mealey’s) A California jury on April 28 awarded a couple more than $13 million in a mesothelioma case alleging asbestos exposure from tainted talc. It is the first asbestos-tainted talcum powder verdict against Colgate-Palmolive Co., sources told Mealey Publications ( Judith...

Bullivant Houser Bailey PC: Superior Court of Pennsylvania Strikes Down ‘Any Exposure’ Theory in Asbestos Litigation

By Melissa Tarab The Superior Court of Pennsylvania recently issued another decision holding that the purported "any exposure" or "each and every fiber" theory is not sufficient to establish causation in cases alleging exposure to asbestos. In Nelson v. Airco Welders Supply, et...

Decedent Electrician Suffered Injurious Exposure to Asbestos Fibers: Cal. Comp. Cases June Advanced Postings (6/9/2015)

Here’s the third batch of advanced postings for the June 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. Contra Costa Electric, Inc., American...

Supreme Court: Bankruptcy Lawyers Not Entitled To Fees For Defending Fee Requests

WASHINGTON, D.C. — (Mealey’s) The U.S. Bankruptcy Code does not allow bankruptcy courts to award fees to attorneys for successfully defending their fee applications, the U.S. Supreme Court held June 15 in a 6-3 decision, affirming a Fifth Circuit U.S. Court of Appeals ruling denying a $5...

Jury Hears Opening Arguments Involving Asbestos Hazards, Product Identification (Watch The Video Excerpts Of Opening Arguments)

MIAMI - (Mealey's) Parties in a Florida asbestos trial on Aug. 4 sparred over whether a company continued to produce asbestos-containing joint compound despite known risks and how well a man could identify the product in question ( Roy Taylor v. Georgia-Pacific LLC and Union Carbide Corp. , No. 2014...

California Supreme Court Finds Liability Policies Are Assignable in Some Circumstances

By Andrew B. Downs and Heather J. Zacharia In a sharp U-Turn, the California Supreme Court has decided that rights under liability insurance policies for harm that has already happened are assignable without the insurer's consent. In California, pre-loss assignments without the insurer's...

California: Appellate Court Upholds Exclusive Remedy Bar for Asbestos Exposure

In a case that issued last week, the 2nd Appellate District declined to open a new avenue to avoid the exclusive remedy of workers’ compensation in Melendrez v. Ameron International Corporation , not only upholding the lower court’s grant of summary judgment for defendant/employer but also...

California: Exclusive Remedy Provision Bars Separate Suit Related to Asbestos-Laden Pipes Carried Home for Home Projects

Where survivors of a worker who died of asbestos-related mesothelioma sued the employer, a pipe manufacturer, for wrongful death, alleging that in addition to his workplace exposure to asbestos, the worker was also permitted to take waste or scrap pipe home, where he was exposed to asbestos in using...

California Supreme Court: Insureds May Freely Transfer Insurance Rights

In 2003, the California Supreme Court ruled, [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], that a company’s contractual transfer of insurance rights to a subsequent purchaser was invalid, as it violated the policy condition against assignments without...

California Joins the Majority – Henkel No Longer a Bar to Post-Loss Assignments

By Jason Frye , Associate, Neal, Gerber & Eisenberg LLP The California Supreme Court has issued its long-awaited ruling in Fluor Corp. v. Superior Court of Orange Co . and held that California Insurance Code section 520 – a statute tracing back to 1872, [subscribers can access an enhanced...

California Supreme Court Reverses Prior Ruling On Anti-Assignment Clauses

In Fluor Corporation v. The Superior Court of Orange County (Hartford Accident & Indemnity Co., real party in interest), 2015 Cal. LEXIS 5631 (Aug. 20, 2015), [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], the California Supreme Court determined that California...

http://www.bullivant.com/Washington-Industrial-Insurance-Act-and-Asbestos-Exposure-Claims

Although the Washington Industrial Insurance Act (WIIA) often provides the exclusive remedy for employees' tort claims against employers, there are exceptions. Attorneys filing asbestos personal injury claims have found creative ways to try to use those exceptions to their clients' advantage...

Bullivant Houser Bailey PC: Interplay of the Washington Industrial Insurance Act and Asbestos Exposure Claims

By Melissa Tarab Although the Washington Industrial Insurance Act (WIIA) often provides the exclusive remedy for employees' tort claims against employers, there are exceptions. Attorneys filing asbestos personal injury claims have found creative ways to try to use those exceptions to their clients'...

Continental Wins $2.4 Million Summary Judgment Ruling against Policyholder

The United States District Court for the Eastern District of Michigan recently granted Continental Casualty Company’s motion for summary judgment and entered judgment in the amount of $2,425,774.84 in favor of Continental against Indian Head Industries, Inc., [subscribers can access an enhanced...

California Supreme Court Holds That California Insurance Code Section 520 Prohibits a Carrier From Denying Coverage Based on “Consent-to-Assignment” Clauses in its Policy if the Loss Happened Prior to the Assignment

In Fluor v. Superior Court , the California Supreme Court overruled its prior decision in Henkel Corp. v. Hartford Accident & Indemnity Co. , 29 Cal. 4th 934 (2003), and held that an insurance company may not utilize a “consent-to-assignment” provision in its policy to deny coverage for...