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Legal Updates
Sun, 2011-03-06 19:51
In Washington, the legislature is looking to change the state’s workers compensation system. Business wants the measure to establish a lump sum settlement option, rather than the current prolonged payment benefits and pensions for injured workers. The state Senate has approved the change to lump sum payment, so the bill will now go to the House. Another, separate bill may look at narrowing occupational diseases covered by workers compensation.
Labor unions oppose both measures.
Sat, 2010-11-20 00:00
In 2008, Plaintiffs Larry & Janet Stewart (represented at trial by Paul & Hanley LLP and the Farisse Law Firm) went to trial against Union Carbide Corporation, alleging that the corporation had supplied asbestos fibers to joint compounds that Mr. Stewart was exposed to during his career. The jury found in favor of the Stewarts with a verdict of $3.2 million in compensatory damages and $6 million in punitive damages.
During the trial, Mr. Stewart testified that he had not been provided any warnings about asbestos hazards prior to his exposure to Union Carbide Corporation's asbestos. He also did not see any warnings on joint compound packaging regarding asbestos hazards. Nevertheless, Union Carbide Corporation appealed the verdict, arguing that a "sophisticated purchaser defense" should apply. Under such defense,
"where the risk of using a hazardous product is already known, or should
be known, by the purchaser of that product, individual plaintiff's subjective
knowledge," and that "the sale of a raw material to a sophisticated inter-
mediary purchaser who knew or should have known of the risks of that raw
material cannot be the legal cause of any harm the raw material may cause."
The California Court of Appeal (Second Appellate District, Division Five) disagreed with Defendant's position. Plaintiffs' verdict was affirmed.
Wed, 2010-09-29 19:31
AB 1963, also known as the Farm Worker Health Act, has been signed into law by Governor Schwarzenegger. The bill provides that pesticide tests on agricultural grounds be reported to state pesticide regulators. Unfortunately, a provision to fine companies not reporting tests was removed from the bill prior to its passage.
Wed, 2010-08-04 19:31
The United States House of Representatives passed H.R. 5851 on July 30 to allow oil rig workers whistleblower protection status. The bill had been drafted in response to the BP Gulf of Mexico oil spill. In theory, workers will be able to report oil drilling problems to the government and thereby prevent major oil spills from happening. The bill was sponsored by Rep. George Miller from the Bay Area.
Tue, 2010-03-30 19:32
In Lebron vs. Gottlieb Memorial Hospital et al., decided February 2010, the Illinois Supreme Court struck down the third attempt of the state’s legislature to impose caps on noneconomic damages. The majority held that non-economic damages in medical malpractice actions violated the state constitution’s separation of powers clause. In
Sat, 2010-02-27 19:39
Currently, parents lose their rights to pursue wrongful death damages for the unjust death of a child aged 18 or older unless the parents can show they were economically dependent on the deceased. The state legislature is considering a statutory amendment that would make this loss to the family unit an issue for the jury to decide based on the full nature of the relationship, which would include consideration of emotional and psychological connections.
