A federal judge recently granted Plaintiff’s motion for partial summary judgment finding that ACE American Insurance Company (“ACE”) breached its duty of good faith and fair dealing after its claims handler failed to issue retroactive payments in a timely manner even after discovering her miscalculations.
A federal judge recently remanded Plaintiff’s case for retaliatory termination and workers compensation bad faith to Arizona State Court as the Federal Court lacked subject matter jurisdiction. Specifically, U.S.C. § 1445(c) provides; “A civil action in any State court arising under the workmen’s compensation laws of such State may not be removed to any district court of the United States.”
Doyle Dennis Avery LLP has filed suit against Intergulf Corporation (“Intergulf”) for its retaliatory actions against Plaintiff following his filing of a workers’ compensation claim for medical and wage compensation benefits.
Our client, a loyal and hard-working employee of Intergulf, tripped over a ground cable and landed on his elbow, and he quickly developed a hematoma. After suffering weeks of elbow pain, an MRI revealed surgery was necessary to repair a tendon.
The Supreme Court last Tuesday declined petition for certiorari involving three appeals filed by military contractor Kellogg, Brown, and Root (“KBR”). KBR claimed the three lawsuits against them on behalf of injured servicemen should be thrown out because KBR was operating as an extension of the U.S. military in Iraq and Afghanistan at the time. The High Court denied review and left intact a group of federal appeals court rulings allowing the lawsuits against KBR – including the Burn Pit multi district litigation – to go forward.
The First Court of Appeals of Texas this week issued an opinion (http://www.search.txcourts.gov/SearchMedia.aspx?MediaVersionID=2bb3591e-accb-4299-bce1-7766ff273147&coa=coa01&DT=Opinion&MediaID=240869e8-71b1-4845-903f-339f405dca80) affirming a jury verdict for $8.5 million for Willie “David” Williams, a mechanic injured onboard Diamond Offshore’s drilling rig OCEAN LEXINGTON working offshore Egypt in 2008. Mr. Williams’s lawsuit included claims under the Jones Act, doctrine of unseaworthiness, and general maritime law. David Williams sustained disabling injuries to his spine when forced to make rushed emergency repairs to the rig’s drilling “elevators”. Diamond Offshore complained that the jury’s award, which included $3.4 million for future pain and suffering associated with David’s injuries and their ongoing impacts for the rest of his life, was excessive, although this amount is still less than the salary for a single year for Diamond Offshore’s CEO (http://insiders.morningstar.com/trading/executive-compensation.action?t=DO).
