Logger timely filed ARD OD claim, ARD was OD for which insurer liable, Claimant entitled to medical/impairment award/PTD/costs but not attorney fees or penalty despite Court’s misgivings… Sandler. [Read more…]
Railroad strict liability
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…]
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…]
Work comp, standing, cy pres claim
WORK COMP: PR has standing to assert, WCC has jurisdiction over, claim that $95,846 asbestosis medicals paid by Libby Medical Plan for which neither Plan nor Grace will accept reimbursement from insurer should be paid pursuant to cy pres, not retained by insurer… remanded for merits of claim… Shea reversed. [Read more…]