The recent decisions of Amaca Pty Limited (under NSW
administered winding up) v Moss [2007] WASCA 162 and
Amaca Pty Limited (under NSW administered winding up) v
Hannell [2007] WASCA 158 show that breach of duty and
causation are still difficult to prove in dust disease
cases.
Facts
Mr Hannell was born in the UK on 23 October 1942. He
emigrated to Western Australia in 1981. In October 2005 he was
diagnosed with malignant mesothelioma. The only exposure to
asbestos that he could remember was when he worked with
asbestos cement (AC) products at his home on a
number of occasions between 1983 and 1990.
Mr Moss was born in the UK on 16 August 1927. He
migrated to Perth in 1989. He was diagnosed with mesothelioma
in November 2005....
Specific Questions relating to this article should be addressed directly to the author.
In our eBulletin of March 17, 2010, Lehman Brothers Holdings Inc. and its affiliated debtors file initial joint chapter 11 plan, which can be viewed by clicking here, we discussed a recent motion filed in the chapter 11 cases of Lehman Brothers Holdings Inc. (LBHI) and its affiliated chapter 11 debtors (with LBHI, the Debtors) seeking to establish procedures for the hearing and resolution of objections to claims filed against the Debtors' estates (the Motion).
In Prison Legal News v. Schwarzenegger, 2010 DJDAR 8612 (9th Circuit 2010) the court decided whether, and to what extent the publisher of, a monthly prison news magazine may recover attorneys’ fees from the State of California for monitoring the State’s compliance with a prior settlement agreement.
In Orange Blossom Limited Partnership v. Southern California Sunbelt Developers Inc. 2010 DJDAR 8623, Ninth Circuit (2010), the Ninth Circuit concluded that a bankruptcy court properly awarded costs, attorney’s fees and punitive damages against thirteen creditors that initiated an improper involuntary bankruptcy petition under 11 U.S.C. § 303 (i).
Shortly before 7am on 8 July 2002, the plaintiff, Mr Jackson, was found unconscious lying in a concrete drain in a park in Lithgow. He had suffered serious head injuries, probable fractured vertebra, a fractured wrist and cuts and abrasions. Mr Jackson had taken his dogs for a walk at about 3.30am that morning whilst intoxicated and had no memory of the accident. Nobody had seen the accident and there was no direct evidence as to how Mr Jackson came to be in the drain.
Mr Jackson sued Lithgo
Proposals to make sweeping costs reforms in civil litigation received significant fresh impetus yesterday. The Government has announced that it intends to consult on implementing Lord Justice Jackson's recommendations on the reform of funding arrangements.
Where a written warranty for a consumer product comes wrapped in plastic and sealed in the box, can the manufacturer defeat a breach of warranty claim by contending the consumer could not have relied on the warranty at the time she purchased the goods?
In the current economic climate, parties to commercial disputes are increasingly concerned about the recovery risk involved in pursuing arbitration proceedings, in particular the risk that an opponent may not be able to comply with an arbitral award made against it or that an opponent's future financial security becomes uncertain (such as a risk of insolvency arising after proceedings have been commenced).
Why is it that every litigator must become conversant with the language and intricacies of electronically stored information (ESI)? And why is it that they should feel highly motivated to do so in a non-negligent manner? This article addresses these questions.
