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HTMLKentucky Coop Plans to Deactivate Coal Plant
Sutherland Asbill Brennan LLP;
Legal Alert/Article
September 16, 2014, previously published on September 11, 2014
East Kentucky Power Cooperative will continue deactivating its coal-fired Dale Station power plant with complete shutdown expected by April 2015. Subject to regulatory approval, ash waste from the site will be transported to an ash landfill. The plant will be placed in indefinite storage to comply...

 

HTML“Not Compensable” Does Not Always Mean “Not Covered”: Using Conflicts Law to Bar Civil Actions Arising From Injuries Subject to Another State’s Workers’ Compensation Statute
N. Drew Kemp; HeplerBroom LLC;
Legal Alert/Article
September 12, 2014, previously published on September 10, 2014
On June 27, 2014, the Appellate Court of Illinois, First District, held that a plaintiff’s common-law negligence action against her decedent’s employer was not barred by the exclusive remedy provision of Illinois’ workers’ compensation statutes[1] because her work comp claim...

 

HTMLHonoring our Laborers
Katie Nealon; Brayton Purcell LLP;
Legal Alert/Article
September 11, 2014, previously published on September 3, 2014
Did you get Labor Day off at work this past Monday? For more than 100 years, laborers have been honored on the first monday in September for their "contributions made to the strength, prosperity, and well-being of our country" (US Dept of Labor).

 

HTMLMore Deadly than Car Accidents
Brayton Purcell LLP;
Legal Alert/Article
September 10, 2014, previously published on September 4, 2014
Most people have never encountered a person with mesothelioma. The disease, resulting from exposure to some type of asbestos, has long been associated with industrial trades and heavy industry, like shipbuilding in California. Because few ships are still constructed in California, many probably...

 

HTMLNotice of Prior Icing Condition at Different Location Not Notice of Dangerous Condition to Township under Tort Claims Act
Betsy G. Ramos; Capehart & Scatchard, P.A.;
Legal Alert/Article
September 8, 2014, previously published on August 27, 2014
Plaintiff Andrew Buterbaugh was injured in a one car accident when his car skidded on a patch of ice and collided with trees on the other side of the road. In Buterbaugh v. Township of Readington, 2014 N.J. Super. Unpub. LEXIS 1779 (July 21, 2014 App. Div.), he sued the Township of Readington on...

 

HTMLThe Wait Is Over: Liable Parties Can Now Seek Early Contribution Claims Without New Jersey Department of Environmental Protection Approval
Geewon Cha, Barbara Hopkinson Kelly; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
September 1, 2014, previously published on August 26, 2014
The recent Supreme Court of New Jersey ruling in Magic Petroleum v. Exxon Mobil demonstrates a trial court’s ability to allocate liability to “dischargers” while maintaining the role of the state’s Department of Environmental Protection (DEP) in determining the remediation...

 

HTMLResidents Alerted to Asbestos Discovery in Oregon Neighborhood
Katie Nealon; Brayton Purcell LLP;
Legal Alert/Article
September 1, 2014, previously published on August 25, 2014
Oregon residents in the city of Hillsboro received a summer surprise when they were alerted to asbestos exposure in the neighborhood near the corner of SE Ninth Avenue and SE Maple Street. Five houses purchased to make way for a new parking area were discovered to contain asbestos after several...

 

HTMLThe Real Asbestos Fraud
Brayton Purcell LLP;
Legal Alert/Article
September 1, 2014, previously published on August 26, 2014
The great disingenuous that accompanies much of the asbestos industries attempt to defend the indefensible arises from the fact that because individual asbestos fibers are so small, less than 0.02 microns in diameter, and are a mineral fiber and not technically "manufactured," they didn't...

 

HTMLFourth Circuit Affirms Maryland District Court’s Decision to Remand Case to State Court Where Defendant Did Not Raise Timely Federal Defense Under 28 U.S.C. § 1446(b)
Jhanelle A. Graham; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
August 27, 2014, previously published on August 2014
In Kathleen Wood v. Crane Co, the United States Court of Appeals for the Fourth Circuit was asked to review an asbestos action involving Defendant, Crane Company (“Crane”), one of many defendants in the litigation, which removed the case to federal court based on federal officer...

 

HTMLAsbestos Use Rises in India Despite Protests
Katie Nealon; Brayton Purcell LLP;
Legal Alert/Article
August 26, 2014, previously published on August 15, 2014
Despite hundreds of asbestos and medical professionals advising India against the use of the substance, government officials continue to condone and encourage asbestos use in commercial and residential construction projects within the country.

 


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