RAILROAD LIABILITY: BNSF strictly liable for abnormally dangerous activity vis-à-vis hauling amphibole asbestos in Libby… evidence of Grace’s conduct admissible for background and context but not to negate liability… Eddy. [Read more…]
Lead case against Grace’s comp insurer pre-trial rulings
LEAD CASE AGAINST GRACE’S COMP INSURER: Fact issues preclude summary judgment as to when Plaintiff knew he had ARD. . . MCC owed a duty of care to warn Zonolite and Grace of the hidden hazard of asbestos exposure, but fact issues exist as to whether it breached this duty to Plaintiff. . . Plaintiff who filed no comp claim has no common law insurance bad faith claim against MCC. . . MCC’s non-party (State, Grace) defenses precluded. . . other in limine rulings. . . Eddy. [Read more…]
$8,810,785 settlements with State
SETTLEMENT: $7,310,785.42 to 336 MHSL Libby Mine asbestos Claimants against State with contingent $2,030,936.19 dependent on result of litigation between State and its insurer. . . $1,250,000 to 49 KS Libby Mine Claimants with contingent $400,000. . . $250,000 for individual claimant with no insurer contingency. . . 33% and 33-1/3% contingent attorney fees approved. . . Eddy. [Read more…]
Libby asbestos, ARD/OD death, last injurious exposure
Exposure to Libby asbestos at LP lumber mill makes LP liable for ARD OD and resulting death despite earlier and larger exposures elsewhere and 50 years of smoking . . . no penalty or fees as LP’s interpretation of last injurious exposure rule was not unreasonable. . . Sandler. [Read more…]
Medical bills paid by Libby Medical Plan
Insurer not liable under §704 as interpreted in Shepard for decedent’s medical bills which were paid by entity that is not seeking reimbursement… Sandler. [Read more…]
Last injurious asbestos exposure
Interrogatory statement that Petitioner had “significant asbestos exposure” while working for 3rd employer (Libby) insufficient to support summary judgment for 2nd employer (Lincoln Co.)… Sandler. [Read more…]
Joinder/intervention, ARD claimant’s employer
Joinder/intervention of Decedent’s employer claiming interest because it paid medicals via entity it funded and agreed to indemnify insurer for any OD benefits it pays denied… Sandler. [Read more…]
Amendment for new statute of limitations defense
Amendment to assert new statute of limitations defense allowed over claim of untimeliness and prejudice from “thousands of dollars” of expert expenditures… claim barred by 2-year statute at §2905(2)… Sandler. [Read more…]
Late-disclosed asbestos exhibit
Prejudice from late-disclosed asbestos contamination exhibit not as great as claimed, postponement of trial and costs to Petitioner sufficient, not dismissal… Sandler. [Read more…]
ARD, plywood mill v. smoking
Treating physicians’ testimony supports ARD from plywood mill over insurer’s contention of long-term smoking, last injuriously exposed to asbestos at successive mill employers, not at [Read more…]