1 Legal Sandstorm Worker Protection, Product Liability, and Warnings John C. Warren Taylor & Warren, L.L.P.
2 Silica Litigation Silica litigation has exploded over the last five years. U.S. Silica, a major supplier of sand, has reported over 30,000 new claims between 2002 and In Mississippi alone there were over 20,000 new claims filed between 2002 and 2004.
3 Silicosis Facts & Numbers
4 Silicosis Facts and Numbers Center for Disease Control (CDC) states that the number of U. S. workers exposed to silica dust has steadily declined from 1970 to CDC also states that deaths from silicosis has also steadily declined. CDC reports that deaths due to silicosis in the U. S. has declined steadily each year from 1,157 in 1968 to only 148 in 2002.
5 Silicosis Serious Health Concern or Phantom Epidemic? Both. Silica overexposure and silicosis remain serious health issues facing industry. Silica overexposure remains widespread. According to the CDC, an estimated 121,100 workers were exposed to equal to or greater than the NIOSH REL in 1993.
6 Phantom Epidemic The number of reported cases of silicosis and the reduction in the overall mortality rate due to silicosis, does not support the number of lawsuits being filed nationally. In Mississippi where there have been over 20,000 new claims, the OSHA field office in Jackson, Mississippi has had no reports of any silica problems in recent years and has had no requests for f any silica-related investigations. All of which led Judge Janice Jack to find that the Mississippi filings appear to be a phantom epidemic,, unnoticed by everyone other than those enmeshed in the legal system.
7 History of Silica Litigation
8 The Depression and Labor The Great Depression began in October 1929 with the crash of the stock market Thousands of people were laid off from work Ill workers were the first to be laid off, including those with silicosis
9 The Problem There were no government benefits for the unemployed Silicosis was not compensable under worker compensation regulations Unemployed workers with silicosis had no remedy or means of support
10 Silicosis Lawsuits In New York state alone over $30,000,000 in silicosis lawsuits were brought in 1933 Nationwide it was estimated that silicosis claims in 1933 were $300,000,000
11 Gauley Bridge In the early to mid-1930s, approximately 1,500 workers (1/4 of the work force) were reported to have died of silica dust exposure (silicosis) from working on the tunnel project in Gauley Bridge, West Virginia In early 1936, the Committee on Labor of the House of Representatives authorized the Department of Labor to conduct a board of inquire into the Gauley Bridge incident
12 National Silicosis Conference of 1936 After Gauley Bridge, Labor Secretary Francis Perkins and the Department of Labor sponsored the National Silicosis Conference, bringing together government, labor and industry to help resolve the silicosis crisis in the United States
13 History of Silicosis Litigation Subsequent to the National Silicosis Conference, silica litigation remained fairly dormant until the early to mid 1980s when the litigation reappeared in Texas. The Texas litigation arose out of the oil fields of west Texas. A number of oil field service companies used predominately illegal Mexican labor in their sandblasting operations. While a number of these companies were knowledgeable about the hazards of silica dust, the engineering controls and respiratory protection programs for workers were inadequate resulting in some workers being overexposed to respirable silica and developing silicosis.
14 History of Silicosis Litigation From the mid 1980s until the mid to late 1990s, silica litigation remained fairly stable. Other than approximately 50 single plaintiff cases pending in west Texas, there was only occasional lawsuits filed around the state and country.
15 History of Silicosis Litigation Beginning in the mid to late 1990s, plaintiff law firms began to conduct mass litigation screenings in south Texas. These screenings produced hundreds of plaintiffs alleging silicosis. These lawsuits were filed in very plaintiff friendly venues in south Texas.
16 History of Silicosis Litigation While silica litigation continued to pick-up momentum in Texas, it remained fairly quite in other states until the early 2000s Since 2002, we have seen an explosion of litigation with over 30,000 claimants filing law suits throughout the nation
17 History of Silicosis Litigation What is the explanation for the explosion in industrial sand lawsuits?
18 Plaintiff Lawyers Plaintiff law firms specializing in asbestos litigation saw silicosis as a potential source of new revenues. It was basically the same business model Same basic medical Same mass litigation screenings Same multi-party filings Same plaintiffs
19 Recycled Plaintiffs Asbestos plaintiffs counsel looked to their database of existing asbestos clients and began having their chest x-rays x re-examined examined or Re- screened for the possibility these clients may suffer from silicosis or mixed dust pneumoconiosis.
20 New Connected Diseases Lung Cancer In 1997 silica was classified as a Group 1 carcinogen by IRAC Autoimmune Diseases Rheumatoid arthritis Lupus Scleroderma (systemic sclerosis) Renal disease
21 Civil Tort Reform The explosion of new filings in both Texas and Mississippi coincides with legislative tort reform in both states.
22 Civil Tort Reform Mississippi - In response to criticism that Mississippi had become a haven for jackpot justice, the Mississippi legislature began drafting tort reform legislation in 2002 to rein in excessive jury verdicts. This legislation went into effect on January 1, Plaintiffs counsel filed as many of their cases as possible prior to the new law taking effect to avoid being controlled by the new legislation.
23 Civil Tort Reform Texas - In 2002, the Texas legislature also began discussing tort reform legislation. This legislation was signed by the governor in December 2002 and became law on September 1, Plaintiffs counsel filed their existing inventory of lawsuits prior to September 1, 2003, to avoid these case being controlled by the new rules.
24 Mississippi New Filings new plaintiffs filed silicosis cases new plaintiffs filed silicosis cases ,642 new plaintiffs filed silicosis cases ,228 new plaintiffs filed silicosis cases ,609 new plaintiffs filed silicosis cases
25 The Passing of the Storm Since the flood of new cases, numerous developments have stemmed the tide of new cases, and in some cases, reversed the tide.
26 Tort Reform A number of states passed legislation specifically addressing silica and asbestos lawsuits. While the legislation varied from state to state, it generally established medical criteria necessary before a silica or asbestos lawsuit could move forward. Specifically, the legislation requires a plaintiff to produce medical reports establishing a certain level of disease and pulmonary impairment before their case can move forward.
27 Tort Reform Ohio House Bill 342 became effective September 2, 2004 and applies to all cases filed after that date. Texas Senate Bill 15, now Chapter 90 of the Civil Practice and Remedies Code, became effective on September 1, 2005 and applies to all pending and future cases. Florida House Bill 1019, codified as Florida Statute Title XLV, Chapter 774, became effective July 1, 2005
28 Tort Reform Georgia House Bill 416 was codified into Georgia Code Ann. Chapter became effective in Kansas Kansas Statute Chapter 44, Artice 5a was passed and went to the governor two weeks ago. Tennessee Silica Compensation Fairness Act, Tennessee Code Ann. Title 29, Chapter 34 was sent to the governor just last week. West Virginia Senate Bill 543 is still in committee. It is unknown whether it has the votes necessary to get our of committee.
29 New Case Law Most of the cases against sand suppliers and abrasive blasting equipment are warnings cases. Section 338 of the Restatement (Second) of Torts provides that the supplier of a product for another use may be held liable to those whom the supplier expects to use the product if: The supplier know or has reason to know the product is likely to be dangerous for the use for which it is supplied and The supplier fails to exercise reasonable care to inform the product users of the product s s dangerous condition.
30 Sophisticated User The Sophisticated User Doctrine states that a manufacturer or supplier has no duty to warn users when it supplies its product to a user who know or reasonably should know of a product s s dangers. Because products often pass through one or more intermediary user (e.g. employers or distributors), numerous courts have recognized that if the intermediary user is sufficiently aware of the risks of the product, the supplier or manufacturer has no duty to warn the intermediary.
31 Sophisticated User Applying this doctrine puts the burden of warning those exposed to silica on those who have the best ability to prevent harm, the sophisticated intermediary employer, rather than on suppliers and manufacturers.
32 Sophisticated User/Bulk Supplier Texas Humble Sand & Gravel, Inc. v. Gomez,, 146 S.W.3d 170 (Tex. 2004). Ohio Smith v. Walter C. Best, Inc., 927 F.2d 736 (3d Cir. 1990). Virginia Goodbar v. Whitehead Bros., 591 F. Supp. 552 (W.D. Va. 1984).
33 Sophisticated User/Bulk Supplier Victor E. Schwartz & Leah Lorber,, A Letter to the Trial Judges of America: Help the True Victims of Silica Injuries and Avoid Another Litigation Crisis, 28 AM.J. Trial Advoc (2004).
34 The Attack on Plaintiffs Diagnosing Doctors
35 FEDERAL SILICA MDL OPINION MDL DOCKET 1553 Judge Janis Graham Jack United States District Court Southern District of Texas Corpus Christi Division
36 Federal Silica MDL 1553 In September 2003 a panel of federal judges created a Federal Silica Multi-district Litigation Court and transferred more than 10,000 plaintiffs who filed suit in Mississippi alleging silicosis to U.S. District Judge Janis Jack in Corpus Christi, Texas.
37 Federal Silica MDL 1553 Through the course of discovery, it was learned that the more than 10,000 Mississippi claimants were diagnosed with silicosis by only 12 doctors These doctors were not the plaintiffs treating physicians
38 Dr. George Martindale Diagnosed 3,617 cases of silicosis in the Mississippi claimants Each diagnosis contained the exact same language: On the basis of the medical history review, which is inclusive of the significant occupational exposure to silica dust, physical exam and the chest radiograph, the diagnosis of silicosis is established within a reasonable degree of medical certainty. Martindale retracted all 3,617 diagnosis because he testified he did not see a single plaintiff and admitted he did not even know the criteria for making a diagnosis of silicosis.
39 Dr. Glynn Hilbun & Dr. Kevin Cooper They were paid $5,000 per day for performing abbreviated exams for 5 days ($25,000). Hilbun testified he did it for easy money.
40 Dr. Glynn Hilbun & Dr. Kevin Cooper Both doctors signed forms that stated: On the basis of this client s s history of occupational exposure to silica and a B-reading B of the clients chest X-ray, X then within a reasonable degree of medical certainty, plaintiff has silicosis. Both doctors testified that, contrary to the language in the typed forms, they didn t t read them before signing and that they did not see any X-rays, X X-ray X reports or pulmonary function tests, and they did not diagnose any plaintiff with silicosis.
41 Dr. Ray Harron Dr. Harron had been previously used by plaintiff lawyers in asbestos litigation. First he diagnosed only asbestosis, with no mention of silicosis, in 1,807 x-rays. x Later, on the same 1,807 x-rays, x he found only silicosis, without any mention of asbestosis. Harron s testimony abruptly ended when Harron asked for time to obtain legal counsel.
42 Criminal Investigation A federal grand jury has been convened in New York to consider possible criminal charges arising out of the silica litigation. The grand jury has subpoenaed records from some physicians who diagnosed silicosis through the screening process and investigating whether to pursue criminal charges against a number of doctors involved in the process.
43 Congressional Hearings On March 8, 2006, the Committee on Energy and Commerce held Congressional Hearings on The Silicosis Story: Mass Tort Screening and the Public Health. This hearing included the testimony of a number of doctors identified by Judge Jack, including Dr. James Ballard, Dr. Ray Harron,, Dr. Andrew Harron,, and Dr. George Martindale. The hearing also included Mr. Heath Mason of N & M, Inc., one of the screening companies that set up the mass litigation screenings.
44 Congressional Hearings This testimony of Dr. James Ballard, Dr. Ray Harron,, and Dr. Andrew Harron was limited to asserting their right against self incrimination as provided to them under the 5 th Amendment of the United States Constitution.
45 Media Coverage National Coverage of Judge Jack s s opinion and the convening of a federal grand jury in New York, including The Wall Street Journal, The New York Times and the Houston Chronicle. In June 2005, Fortune Magazine published an article entitled Diagnosing For Dollars which outlined the alleged fraud behind many of the lawsuits being filed around the county. A local news channel in Houston did an investigative report on Judge Jack s s opinion and the alleged medical fraud she uncovered. Just last week, the Houston Chronicle published a two part story entitled: Exposing the Truth behind silicosis....
46 What is the significance to the Industrial Hygienist? The allegations of fraud against the diagnosing doctors, screening companies and plaintiffs lawyers raise significant concern that corporate America will view silicosis as nothing more than a phantom epidemic or fraud and put less emphasis on silicosis and other industrial health issues.
47 What is the significance to the Industrial Hygienist? Corporate Industrial Hygienist or consultant In light of the sophisticated user/learned intermediary defense, there will be increased attention given to the conduct of the plaintiff s employer. Specifically, how they comply with OSHA rules and regulations relating to providing a safe work place.
48 The Good Corporate Citizen What is the defendant corporation s s attitude toward warning purchasers and users of its products of the potential health hazards which may exist with its products?
49 The End of Silicosis Good answers to these questions generally lead to: A safer work place for your own employees Less potential liability for your company from lawsuits The end of silicosis and silica litigation
SEPTEMBER 2005 Litigation Federal MDL Judge Highly Critical of Physicians, Lawyers and Screening Firms Involved in the Assembly Line Diagnosis of Fraudulent Silicosis Claims [T]hese [silicosis] diagnoses
IADC MID-YEAR MEETING MAUI, HAWAII PRESENTATION JULY 8, 2013 JOINT MEETING OF PRODUCTS, INTERNATIONAL, TOXIC AND HAZARDOUS SUBSTANCES, AND CLASS ACTIONS AND MULTI-PARTY LITIGATION COMMITTEES FROM AMOSITE
SESSION OF 2006 SUPPLEMENTAL NOTE ON SENATE BILL NO. 592 As Amended by Senate Committee on Financial Institutions and Insurance Brief* SB 592 would enact new law, the Asbestos Compensation Fairness Act.
Appendix I: Select Legislative Appendix I: Select Federal Legislative is and Mesothelioma Benefits Act H.R. 6906, 93rd 1973). With respect to claims for benefits filed before December 31, 1974, would authorize
WikiLeaks Document Release February 2, 2009 Congressional Research Service Report RS20519 ASBESTOS COMPENSATION ACT OF 2000 Henry Cohen, American Law Division Updated April 13, 2000 Abstract. This report
1 of 5 4/15/2015 9:16 AM In life, famed trial lawyer John O'Quinn was seldom far removed from controversy. As it has turned out, even death hasn't changed things much. The latest legal dust-up involving
SUMMARY OF S.B. 15 ASBESTOS/SILICA LITIGATION REFORM BILL S.B. 15, the asbestos/silica litigation reform bill, distinguishes between the claims of people who are physically impaired or sick due to exposure
Instructions For Filing a Malignant Claim With The MALIGNANT CLAIM FORM & DECLARATION (the Claim Form ), is required of all Injured Parties filing a claim with the Pittsburgh Metals Asbestos Settlement
BEFORE THE ARKANSAS WORKERS COMPENSATION COMMISSION CLAIM NO. G307455 BOBBY N. MATTHEWS, EMPLOYEE INTERNATIONAL PAPER COMPANY, SELF-INSURED EMPLOYER SEDGWICK CLAIMS MANAGEMENT SERVICES, INC., THIRD PARTY
Litscoop: Revolutionary New Litigation Tool Walter H. Boone Forman Perry Watkins Krutz & Tardy LLP Knowledge is power. Sir Francis Bacon Nowhere in the modern world is Sir Francis Bacon s quote more applicable
Recent Developments in Asbestos Litigation Richard O. Faulk Chair, Litigation Department Gardere Wynne Sewell LLP Houston, Dallas, Austin, Mexico City firstname.lastname@example.org Do You Know This Man? Dickie Scruggs:
Cooper Hurley Injury Lawyers 2014 Granby Street, Suite 200 Norfolk, VA, 23517 (757) 455-0077 (866) 455-6657 (Toll Free) YOUR RIGHTS WHEN YOU ARE INJURED ON THE RAILROAD Cooper Hurley Injury Lawyers 2014
Testimony of Laura Welch, M.D. Medical Director Center to Protect Workers Rights November 17, 2005 Testimony of Laura Welch, MD Medical Director, Center to Protect Workers Rights On Asbestos Related Diseases
KELLEY & FERRARO Attorneys at Law 888.839.8479 What You Should Know About Your Legal Rights Concerning Silica-Related Diseases A D V E R T I S E M E N T O N L Y Kelley & Ferraro Kelley & Ferraro is one
According to Andrew Schirrmeister, plaintiffs lawyers specializing in toxic tort litigation are scrambling. On June 8, 2007, in Borg-Warner Corp. v. Flores, 1 the Texas Supreme Court issued a significant
MESH CLIENT NEWSLETTER Isssue 2 :: March, 2012 :: Dear Clients, In our last Mueller Law Newsletter, we included information on the difference between a class action and a mass tort. In an effort to keep
BEFORE THE APPEALS BOARD FOR THE KANSAS DIVISION OF WORKERS COMPENSATION ROBERT E. WRIGHT ) Claimant ) VS. ) ) Docket No. 159,556 U.S.D. NO. 259 ) Respondent ) Self-Insured ) ORDER Both parties request
AMENDED IN ASSEMBLY APRIL 14, 2015 california legislature 2015 16 regular session ASSEMBLY BILL No. 597 Introduced by Assembly Member Cooley February 24, 2015 An act to amend Sections 36 and 877 of, and
Lung Cancer Asbestos Update: Recent Trends, Defenses, and Strategies The National Forum for Environmental and Toxic Tort Issues Conference October 9, 2014 Daniel L. Jones Columbus, Ohio Daniel.email@example.com
Michigan Prepared by Cardelli Lanfear P.C. 322 West Lincoln Royal Oak, MI 48067 Tel: 248.850.2179 Fax: 248.544.1191 1. Introduction History of Tort Reform in Michigan Michigan was one of the first states
International Social Security Association Conference Seminar III: Respiratory Diseases in Asia - Reporting, Recording, Prevention and Rehabilitation Shenzhen, Peoples Republic of China September 2006 Workers
Chapter 4 Crimes (Review) On a separate sheet of paper, write down the answer to the following Q s; if you do not know the answer, write down the Q. 1. What is a crime? 2. There are elements of a crime.
QUESTION NO. 3 Amendment to Titles 1 and 3 of the Nevada Revised Statutes CONDENSATION (ballot question) Shall Title 1 of the Nevada Revised Statutes governing attorneys, and Title 3 of the Nevada Revised
16 June 2009 Snapshot of Recent Trends in Asbestos Litigation By Lucy P. Allen and Mary Elizabeth C. Stern* Over the past few years, the asbestos litigation environment has undergone many changes, including
Testimony of Ms. Jennifer L. Biggs June 4, 2003 Committee on the Judiciary United States Senate Solving the Asbestos Litigation Crisis: S.1125, the Fairness in Asbestos Injury Resolution Act of 2003 June
FILED IN MY OFFICE DISTRICT COURT CLERK 2/10/2012 9:16:03 AM GERI LYNN SANCHEZ STATE OF NEW MEXICO COUNTY OF VALENCIA THIRTEENTH JUDICIAL DISTRICT COURT KAREN R. SALAZAR, Individually and as Personal Representative
california legislature 2015 16 regular session ASSEMBLY BILL No. 597 Introduced by Assembly Member Cooley February 24, 2015 An act to amend Sections 36 and 877 of, and to add Chapter 6 (commencing with
THE FLINTKOTE ASBESTOS TRUST Dear Prospective Claimant or Claimant Counsel: The Flintkote Asbestos Trust (the Trust ) has been established under Chapter 11 of the Bankruptcy Code to resolve all Asbestos
MEDICARE AND LIABILITY CASES I. The Significant Statutory and Code Provisions A. The Medicare Secondary Payer Statute The Medicare Secondary Payer statute (MSP) has been the law for well over 25 years.
Stephen E. Sellick Managing Director Stephen E. Sellick Managing Director Gnarus Advisors LLC 4350 North Fairfax Drive, Suite 830 Arlington, VA 22203 Tel 202.658.7575 Fax 202.318.0739 firstname.lastname@example.org
Case 2:03-md-01553 Document 1902-1 Filed 06/30/2005 Page 1 of 249 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION In Re: SILICA PRODUCTS LIABILITY MDL Docket
GUIDE TO PLEURAL PLAQUES What are Pleural Plaques? The most common injury caused by asbestos exposure is pleural plaques, which appear as white or yellow thickening on the pleura. They often appear frequently
IN RE GARLOCK SEALING TECHNOLOGIES LLC, ET AL. STATEMENT OF JOSEPH W. GRIER, III, THE FUTURE CLAIMANTS REPRESENTATIVE, IN SUPPORT OF THE DEBTORS SECOND AMENDED PLAN OF REORGANIZATION In asbestos bankruptcy
The National Forum for Environmental and Toxic Tort Issues www.fetti.org Summer, 2005 The views expressed in this newsletter are not necessarily those of the association nor any particular member of the
Case: 11-13737 Date Filed: 11/06/2012 Page: 1 of 6 IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 11-13737 [DO NOT PUBLISH] D.C. Docket Nos. 8:10-cv-02360-VMC ; 8:90-bk-10016-PMG In
Armstrong World Industries, Inc. Asbestos Personal Injury Settlement Trust May 11,2007 Dear Prospective Claimant or Claimant Counsel, The Armstrong World Industries, Inc. Asbestos Personal Injury Settlement
Reed Armstrong Quarterly January 2009 http://www.reedarmstrong.com/default.asp Contributors: William B. Starnes II Tori L. Cox IN THIS ISSUE: Joint and Several Liability The Fault of Settled Tortfeasors
Asbestos Litigation: The Problem of Forum Shopping and Procedural Innovations, and Potential Solutions By Michelle J. White Michelle J. White is a professor of economics at the University of California
An Update On Silica Claims By Joseph J. Egan Navigant Consulting Chicago, Illinois November 30, 2004 An Update On Silica Claims By Joseph J. Egan Navigant Consulting Chicago, Illinois I. EXECUTIVE SUMMARY
Spill Control Association of America Annual Meeting RESPONDER IMMUNITY UPDATE Jonathan K. Waldron March ac 8, 2012 The information contained herein is abridged and summarized from numerous sources, the
4 June 2015 Defense Costs Dropped in 2014, While Claim Filings, Dismissal Rates, and Indemnity Dollars Remained Steady Snapshot of Recent Trends in Asbestos Litigation: 2015 Update By Mary Elizabeth Stern
House Engrossed State of Arizona House of Representatives Fifty-second Legislature First Regular Session CHAPTER HOUSE BILL 0 AN ACT AMENDING TITLE, CHAPTER, ARIZONA REVISED STATUTES, BY ADDING ARTICLE
FORM B: DEFENDANT INTERROGATORIES: To be answered by all defendant and third party defendant miners, manufacturers, suppliers and installers of asbestos or asbestos containing products in all cases except
FIRST JUDICIAL DISTRICT OF PENNSYLVANIA COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY TRIAL DIVISION General Court Regulation No. 2013-01 Notice to the Mass Tort Bar Amended Protocols and Year-End Report
SRJ 35: Study of Health Care Medical Malpractice: Montana's Approach to Limiting Liability by Sue O'Connell, Research Analyst Prepared for the Children, Families, Health, and Human Services Interim Committee
TEXAS CIVIL JUSTICE LEAGUE 400 West Fifteenth Street, Suite 1400 Austin, Texas 78701-1648 512.320.0474 (T) www.tcjl.com FILED IN THE SUPREME COURT OF TEXAS 13 August 19 A10:26 BLAKE. A. HAWTHORNE CLERK
Document Page 1 of 9 IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA Charlotte Division ) In re: ) ) Case No. 10-31607 GARLOCK SEALING TECHNOLOGIES ) LLC, et al., ) Chapter
No. 04-0606 IN RE SILICA PRODUCTS LIABILITY LITIGATION ON REVIEW BY THE MULTIDISTRICT LITIGATION PANEL Dissenting opinion filed by JUSTICE KIDD. Heard on October 13, 2004 The alignment of the parties in
PASSIVE SELLER IMMUNITY FROM PRODUCT LIABILITY ACTIONS House Bill 4 significantly impacted most areas of Texas Tort Law. In the traditional products liability arena, tort reform affected three major changes:
FREQUENTLY ASKED QUESTIONS about the claims process 1. Who qualifies to claim? Mine workers who were exposed to asbestos from qualifying operations and who have developed an asbestos related disease. 2.
(129th General Assembly) (Amended Substitute House Bill Number 380) AN ACT To enact sections 2307.951, 2307.952, 2307.953, and 2307.954 of the Revised Code to require claimants in asbestos tort actions
FOR IMMEDIATE RELEASE WTC PLAINTIFFS TO RECEIVE APPROXIMATELY $125 MILLION IN ADDITIONAL VALUE UNDER AMENDED SETTLEMENT PROVIDING TOTAL COMPENSATION OF UP TO $712.5 MILLION Plaintiffs attorneys cap fees
In re: UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION Case No. 90-10016-8G1 Chapter 11 THE CELOTEX CORPORATION, Debtor. / ORDER ON (1) MOTION OF THEARTHUR AARON AND OTHER SIMILARLY
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION In Re: SILICA PRODUCTS LIABILITY MDL Docket No. 1553 LITIGATION ORDER NO. 29: ADDRESSING SUBJECT-MATTER JURISDICTION,
EXECUTIVE SUMMARY Proposed "WORKERS' COMPENSATION REFORM ACT OF 2001 Recommended by Associated Industries Of Florida There is a major crisis looming on the horizon on the Florida's Workers'' Compensation
The Truth About Issue 2 What will Issue 2 actually do? The Big Business coalition which supports Issue 2 has the money to air a slick ad campaign. The Big Business Campaign is founded on the belief that
BRB No. 92-2030 JACK DRUSCOVICH Claimant v. TODD PACIFIC SHIPYARDS DATE ISSUED: CORPORATION Employer and AETNA CASUALTY AND SURETY COMPANY Carrier-Respondent and TRAVELERS INSURANCE COMPANY Carrier-Petitioner
WORKERS COMPENSATION & YOUR RIGHTS 655 Florida Grove Road Mailing Address P.O. Box 760 Woodbridge, NJ 07095 (732) 324-7600 GILL & CHAMAS Raymond A. Gill, Jr.* Peter Chamas* James Pagliuca Michael J. Hanus
ATTORNEYS FEES IN FLORIDA WORKERS COMPENSATION CASES: A HISTORICAL ANALYSIS AND COMPREHENSIVE REVIEW OF SIGNIFICANT LEGISLATION, STATUTORY AMENDMENTS AND CASE LAW INTERPRETING SAME Rafael Gonzalez Barrs,
BEFORE THE APPEALS BOARD FOR THE KANSAS DIVISION OF WORKERS COMPENSATION KIMBERLY OWEN ) Claimant ) VS. ) ) Docket No. 1,050,199 MARKIN GROUP ) Respondent ) AND ) ) STATE FARM FIRE & CASUALTY COMPANY )
IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE IN RE: Specialty Products Holdings Corp., et al. Bankruptcy No. 10-11780 Debtor(s) 1 Chapter 11 (Jointly Administered) Related to Doc.
Mesothelioma and the Law: Things Doctors Need to Know I. The Cause of Mesothelioma is Asbestos Presented by Steven Kazan Managing Partner Kazan, McClain, Abrams, Lyons, Greenwood & Harley, PLC The Cause
0 SB/AP Senate Bill By: Senators Wiles of the th, Unterman of the th and Hill of the nd AS PASSED A BILL TO BE ENTITLED AN ACT To amend Title of the Official Code of Georgia Annotated, relating to torts,
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE July 13, 2000 H.R. 1283 Asbestos Compensation Act of 2000 As ordered reported by the House Committee on the Judiciary on March 16, 2000 SUMMARY H.R. 1283 would
Opinions of the Colorado Supreme Court are available to the public and can be accessed through the Court s homepage at http://www.courts.state.co.us/supct/supctcaseannctsindex.htm and are posted on the
2014 Construction of Statute Definition of Injury (Causation) Revises Section 50-6-116, Construction of Chapter, to indicate that for dates of injury on or after July 1, 2014, the chapter should no longer
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA WEST PALM BEACH DIVISION JANICE LEE, ) ) Case No. Plaintiff, ) ) vs. ) ) BETHESDA HOSPITAL, INC. ) ) Defendant. ) ) COMPLAINT FOR DECLARATORY JUDGMENT
Oklahoma Supreme Court Declares Oklahoma s Lawsuit Reform Act of 2009 Unconstitutional On June 4, 2013, the Oklahoma Supreme Court issued two opinions invalidating as unconstitutional numerous Oklahoma
I. Synopsis WASHINGTON COLLEGE OF LAW, AMERICAN UNIVERSITY MEDICAL LIABILITY & PUBLIC HEALTH PROFESSOR STEVEN M. PAVSNER SYLLABUS The objective of the seminar, Medical Liability and Public Health, is to
CHAPTER 4 Attorney General Contracting for Tort Defense Decreases The current Attorney General shares with his two predecessors the priority to reduce contracting for the defense of lawsuits against state
CHAPTER 30: EMPLOYEE INJURIES INTRODUCTION TO JOB SAFETY Our legal system has developed three ways of handling employee injuries: A. NEGLIGENCE SUITS Was developed under common-law where the injured employee
Accountability Report Card Summary 2013 West Virginia West Virginia has a relatively balanced state whistleblower law: Scoring 57 out of a possible 100; Ranking 27 th out of 51 (50 states and the District
CONGRESSIONAL BUDGET OFFICE U.S. Congress Washington, DC 20515 Douglas Holtz-Eakin, Director December 19, 2005 Honorable Arlen Specter Chairman Committee on the Judiciary United States Senate Washington,
IN THE CIRCUIT COURT OF THE 16TH JUDICIAL CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA JENNIFER WINDISCH, Plaintiff, v. CIVIL DIVISION CASE NO: 2007-CA-1174-K JOHN SUNDIN, M.D., RHODA SMITH, M.D., LAURRAURI
PROLOGUE THE ASCENDANCY AND CONCENTRATION OF MDLs CONSIDERED MDL litigation serves as yet another example of the innovation that has arisen in the last century, as we have struggled to address the problems
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA In re: BAYCOL PRODUCTS LITIGATION MDL No. 1431 (MJD) This Document also relates to: Barbara Ruona, et al., v. Bayer Corporation et al., Case No. 02-872
Portfolio Media, Inc. 648 Broadway, Suite 200 New York, NY 10012 www.law360.com Phone: +1 212 537 6331 Fax: +1 212 537 6371 email@example.com Is Wood The Next Asbestos? It Shouldn t Be
Appendix D CASE STUDY METHODOLOGY Ideally, to evaluate the empirical support for assertions about the benefits and costs of Rule 23(b)(3) class actions, we would select a statistically representative sample
Shareholder Amy Harris joined Macdonald Devin in 1989 and represents clients in state and federal trial and appellate courts, primarily in insurance defense litigation and insurance coverage. She has served
Case 5:05-cv-00202-FPS-JES Document 353 Filed 02/19/2009 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA CSX TRANSPORTATION, INC., Plaintiff, v. Civil Action
The Enforceability of Mediated Settlement Agreements By: Thomas J. Smith The Law Offices of Thomas J. Smith San Antonio, Texas NIGHTMARE ON MEDIATION STREET You mediate a case where the Plaintiff is suing
FDA Docket # 2004N-0115 JEFFREY AXELRAD S PRESENTATION FOR FDA TASK FORCE APRIL 14, 200 PUBLIC MEETING REGARDING IMPORTATION OF PRESCRIPTION DRUGS I appreciate the opportunity you are providing to discuss