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In Texas, Traffic Deaths Climb Amid Fracking Boom October 12, 2014

In Texas, Traffic Deaths Climb Amid Fracking Boom

Fatigue Linked To Dozens Of Fatal Crashes Involving Oilfield Workers September 17, 2014

Fatigue Linked To Dozens Of Fatal Crashes Involving Oilfield Workers

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Appeals Panel Upholds Use Of Pro-Rata Approach In Lead Coverage Suit

BALTIMORE – An insurer is liable for less than 45 percent of a jury verdict entered in favor of a tenant who sustained injuries as a result of lead paint in the insured’s property because the insurer can be liable only for the time that it insured the property owner, the Fourth Circuit U.S. Court of Appeals said Feb. 3 (Pennsylvania National Mutual Casualty Insurance Co. v. Lakia Roberts et al., No. 10-1987, 4th Cir.; 2012 U.S. App. LEXIS 2084).

Louisiana Supreme Court Grants Appeal Of Medical Malpractice Lawsuit

NEW ORLEANS – The Louisiana Supreme Court on Feb. 3 agreed to hear an insurer’s appeal of an appeals court’s finding that a lower court abused its discretion in denying claimants’ motion for a new trial in their medical malpractice lawsuit against the insurer and its doctor insured (Alfred Dupree, et al. v. Louisiana Medical Mutual Ins. Co., et al., No. 2011-C-2453, La. Sup.).

7th Circuit Rules For Abbott On Former Employees’ ERISA Interference Claims

CHICAGO – A certified class of former employees of Abbott Laboratories failed to prove that Abbott created a spin-off unit to avoid paying retirement benefits in violation of Section 510 of the Employee Retirement Income Security Act, the Seventh Circuit U.S. Court of Appeals affirmed Feb. 3 (Myla Nauman, et al. v. Abbott Laboratories, et al., No. 10-2272, 7th Cir.; 2012 U.S. App. LEXIS 2086).

2nd Circuit: Forum State’s Limitations Period, Borrowing Statute Apply

NEW YORK – In an action for benefits under Section 502 of the Employee Retirement Income Security Act, the forum state’s statute of limitations, including its borrowing statute, applies, the Second Circuit U.S. Court of Appeals affirmed Feb. 1 (Joseph G. Muto, et al. v. CBS Corporation f/k/a Westinghouse Electric Corporation, et al., No. 10-3038-cv, 2nd Cir.; 2012 U.S. App. LEXIS 1869).

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