Excess Insurer Not Allowed To Introduce Asbestos Exclusion In Upcoming Trial In Pennsylvania
Posted on Jun 2, 2015 in Energy/Environmental, Investigations | Comments Off on Excess Insurer Not Allowed To Introduce Asbestos Exclusion In Upcoming Trial In Pennsylvania
In a lingering dispute related to the insurance available to a manufacturer of asbestos-containing products, the last non-settling excess insurer sought to preclude the manufacturer from presenting “any evidence of damages at trial.” That insurer, Insurer A, contended that the manufacturer cannot prove any insured damages because Insurer A’s policies incorporate an...
Expert’s Opinion Calculating Benzene Exposure Tossed As Unreliable
Posted on May 19, 2015 in Energy/Environmental, Investigations | Comments Off on Expert’s Opinion Calculating Benzene Exposure Tossed As Unreliable
Last Thursday, the U.S. District Court for the Eastern District of Louisiana excluded the plaintiff’s proposed expert in an alleged benzene exposure case on the grounds that his methodologies used for calculating benzene exposure were unreliable. The plaintiff was the surviving spouse of an individual who had worked as a gas station attendant from 1958 to 1971 and had died from...
Unprepared 30(b)(6) Witness For Mining Company Leads To New Deposition But Not Costs
Posted on May 14, 2015 in Construction, Investigations | Comments Off on Unprepared 30(b)(6) Witness For Mining Company Leads To New Deposition But Not Costs
In response to a Rule 30(b)(6) deposition notice, a mining company designated one witness to testify on 10 topics, including the training and instruction of the company’s employees, citations or violations issued to the company by MSHA, engineering studies for the particular mine in question, and the operation of the particular mine. After the deposition, the plaintiff brought a...
Federal Agency Fails To Prove Adequacy Of FOIA Search
Posted on May 7, 2015 in Investigations, Transportation | Comments Off on Federal Agency Fails To Prove Adequacy Of FOIA Search
Following an altercation at a Philadelphia airport in 2006, Plaintiff filed a FOIA request with the U.S. Transportation Security Administration (TSA) seeking “copies of all records, reports, follow-up reports, and similar material from any TSA office containing her name initiated by any and all TSA officers, officials, investigators, and personnel.” The TSA identified 375...
State Court Considers Possible Waiver Of Privilege Over Claims File In Workers’ Comp Case
Posted on May 4, 2015 in Investigations, Litigation | Comments Off on State Court Considers Possible Waiver Of Privilege Over Claims File In Workers’ Comp Case
Last week, the Supreme Court of South Dakota reversed a trial court judge who had concluded an insurer had impliedly waived the attorney-client privilege and thus had to produce all disputed documents in unredacted form. The plaintiff had brought the suit against the insurer for bad faith in resolving the plaintiff’s underlying workers’ compensation claims. The plaintiff...
Waiting To Bring Motion To Compel After Fact Discovery Ends Carries Risk
Posted on Apr 30, 2015 in Investigations, Product Liability | Comments Off on Waiting To Bring Motion To Compel After Fact Discovery Ends Carries Risk
In a case involving the disputed safety of a medical device in the U.S District Court for the Eastern District of North Carolina, the parties encountered multiple discovery disputes. Following the close of the discovery period, the plaintiff filed a motion to compel asking the court, among other things, to order the defendant medical device manufacturer to provide an index for...
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