Worker’s Compensation Civil Procedure Products Liability

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Court Rejects Workers Comp Insurer’s Challenge to Big Pharma

Pharmaceutical manufacturers that promote off-label uses for prescription drugs have become litigation targets for third-party payors—especially after Kaiser received a nine-figure RICO award last year against the...more

Subrogation Alert - Hodges v. Federal-Mogul Corporation

A recently-published decision of the U.S. District Court for the Western District of Virginia should be expected to have an immediate impact on the use of expert testimony in subrogation cases in that region. The case,...more

Pennsylvania Effectively Eliminates Workers’ Compensation Act as Source of Protection for Employers from Suits Arising Out of...

On January 29, 2014, the Pennsylvania Supreme Court denied defendants’ Petition for Reargument of the Court’s November 22, 2013, ruling in Tooey v. AK Steel Corp. et al. The ruling held that the Pennsylvania Workers’...more

West Virginia Court Resolves Issues Of First Impression On Insurance Coverage For Delayed Manifestation Claims

I. Introduction - The last few decades of tort litigation in America have been marked primarily by a surge in filings of asbestos, silica and other delayed manifestation bodily injury and property damage claims. These...more

No Second Bite at the Apple: Claiming Collateral Estoppel based on a Prior Workers' Compensation Judgment

It is said that in law you only get one bite at the apple. However, in the course of a products liability lawsuit, plaintiffs will often try to get as many bites as they can. When plaintiffs file both a workers’...more

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