Category Archives: West Virginia

Prior Settlement Enforced Under FELA Leading to Dismissal of Action Supreme Court of West Virginia, August 31, 2017

The plaintiff filed suit against defendants including Norfolk Southern Railroad Company (NSRC), alleging his decedent, Aaron Cole, developed lung cancer as a result of his work as a machinist for NSRC. NSRC sought dismissal based on the fact that Cole had previously released NSRC from future liability in May of 2000. Originally, Cole filed suit in 1996 alleging occupational pneumoconiosis including asbestosis. He later signed a release with NSRC for $20,000.  The release in pertinent part stated that the plaintiff “does hereby release and forever…

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Case Remanded Where GE Failed to Satisfy Requirements of Federal Officer Removal Due to Plaintiff’s Specific Disclaimer of No Naval Asbestos Exposure U.S. District Court for the Southern District of West Virginia, Charleston Division, April 29, 2016

In this case, the plaintiff claimed that he was exposed to asbestos and contracted mesothelioma from products allegedly manufactured, supplied, installed, and/or distributed by numerous defendants. The plaintiff asserted in the complaint that he served in the U.S. Navy from 1962–66 but provided the disclaimer that the “[p]laintiff was not exposed to asbestos and is not bringing any claim for exposure to asbestos-containing products during Plaintiff’s service in the Navy.” One of the defendants, General Electric Company (GE), removed the case to the U.S. District…

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