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…]
FELA, ARD defense verdict
FELA: ARD defense verdict affirmed over evidentiary, trial misconduct, discovery misconduct claims. . . Ulbricht affirmed. [Read more…]
Work comp, Libby Medical Plan “reimbursement”
WORK COMP: Estate of worker who died of ARD properly denied “reimbursement” of $95,846 paid by Libby Medical Plan after comp insurer paid all benefits… Shepard (1985) similar, still good law… Sandler affirmed. [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…]
Zoning, Text/Map Amendments, UDJA fees
ZONING: Map Amendment properly invalidated, Text Amendment not also invalidated… UDJA fees improperly awarded… Ortley affirmed, reversed. [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 claim, dismiss or indefinite abeyance
Motion by ARD Claimant to dismiss case or place in abeyance indefinitely denied… Sandler. [Read more…]