New Louisiana Appellate Opinion- Five-day asbestos exposure could have been substantial cause of asbestosis

The Louisiana Fourth District Court of Appeals ruled recently that a non-malignant asbestos plaintiff provided sufficient evidence that his five-day asbestos exposure could have been a substantial contributing factor in causing his asbestosis. As a result, the trial court’s underlying finding in favor of a premises defendant was reversed on the grounds that there was at least a fact issue on whether the exposure the plaintiff had for those five days at that site was sufficient to substantially...

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Posted in no categories | Tuesday, June 9, 2015

Amendment to Texas Asbestos and Silica Legislation that Allows for Dismissal of Inactive Docket - SIGNED BY GOVERNOR

As mentioned in earlier correspondence, on April 1, 2013 the Texas House Judiciary and Civil Jurisprudence Committee considered House Bill 1325, relating to the dismissal of unimpaired asbestos and silica cases pending before September 1, 2005, which are currently sitting on the inactive docket. Representative Doug Miller filed House Bill 1325, and presented a committee substitute to what he initially filed at the hearing. Representative Miller explained that the committee substitute was a...

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Posted in no categories | Friday, June 14, 2013

Oklahoma Supreme Court decision regarding medical criteria statute

Last week the Oklahoma Supreme Court handed down its decision in Douglas v. Cox Retirement Properties, Inc., 2013 OK 37,--- P.3d ----, 2013 WL 2407169, a professional malpractice lawsuit that arose after an individual died following a 21-day stay at a rehabilitative care center. The Plaintiffs in Douglas took the position that the affidavit of merit requirements for professional malpractice cases contained in the Oklahoma Rules of Civil Procedure, which were enacted in a portion of H.B. 1603...

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Posted in no categories | Wednesday, June 12, 2013