Media Center

*California Jury Awards $8 Million In Kidney Cancer Case

SAN FRANCISCO - A San Francisco jury has awarded $8 million to a benzene plaintiff who claimed that his 17 -year employment at SeaRiver Maritime Inc. exposed him to benzene and other toxins, ultimately causing his kidney cancer. Shelby v. SeaRiver Maritime Inc., f/k/a Exxon Shipping Co., No. CJC-06-449350 (Calif. Super. Ct., San Francisco City.).

The jury awarded Shelby $350,000 for lost future earnings; $1,125,00 for pain, suffering, mental anguish and loss of enjoyment of life in the past; and $6,525,000 for pain, suffering, mental anguish and loss of future enjoyment of life. The jury found that SeaRiver was negligent in failing to provide Shelby with a safe working environment and that the work conditions ultimately caused Shelby's kidney cancer.

*California Jury Awards $5.1 Million

LOS ANGELES - a Superior Court jury in Los Angeles ordered ExxonMobil/SeaRiver Maritime, Inc. to pay $5.1 million to Dwayne Gregory. As was reported in the Los Angeles Times, Mr. Gregory's legal argument alleged that toxic fumes emitted by crude oil caused his bladder and prostate cancer. The Company was ordered to pay Mr. Gregory $1.3 million for loss of earnings and medical expenses and $3.8 million for pain and suffering. Mr. Gregory was hired by the Company on December 19, 1992 and was a dedicated employee until the Company terminated his employment in 2000 due to his medical condition. Prior to dismissal, Dwayne underwent chemotherapy and several surgeries with the intentions of returning to work. Due to his condition he requested to be placed in a position that would keep him away from petrochemicals but the Company failed to accommodate him.

*Louisiana Jury Awards $1 Million In Punitive Damages

SHREVEPORT, La. - A federal court jury in Shreveport. La. entered a verdict for eight African-American railroad workers of the Kansas City Southern Railroad Company diesel shop (mechanical department) in the amount of $1,000,000 in punitive damages to punish and deter KSC for continuing in illegal misconduct and encouraging a racially hostile work environment in Shreveport. The plaintiffs were jointly represented by S. Reed Morgan and Gregory Paul. The case was heard in the Western District of the Federal Court in the State of Louisiana with Judge Tom Stagg presiding.

*Florida Jury Awards $250k In Lost Wages

Jacksonville, Fl. - In February of 2011, a unanimous jury in federal court found in favor of a CSX employee who was terminated from her employment for applying for leave under the Family and Medical Leave Act. The company terminated her for using FMLA under subterfuge. However, the jury found that she was entitled to the protection under federal law and awarded $225,100.00 in lost wages. Miller v. CSX Transportation, CA 06-0074.

Lee v. Kansas City Southern Railway Co., 574 F.3d 253, 106 Fair Empl.Prac.Cas. (BNA) 1030, 92 Empl. Prac. Dec. P 43,604, 14 Wage & Hour Cas.2d (BNA) 1821, C.A.5 (La.), June 30, 2009 (NO. 08-30444)(Fifth Circuit reverses summary judgment finding that comparator evidence is a fact question for the jury in a racial discrimination disparate discipline case).

Haybarger v. Lawrence County Adult Probation & Parole Department, et al., 551 F.3d 193, 21 A.D. Cases 577, 38 NDLR P 82, C.A.3 (Pa.), December 31, 2008 (NO. 07-3720, 07-3733)(Third Circuit upholds finding that judicial district waived sovereign immunity under the Rehabilitation Act in a disability discrimination case)

Fowler v. UPMC, 578 F.3d 203, 39 NDLR P 203, C.A.3 (Pa.), August 18, 2009 (NO. 07-4285)(Third Circuit Court of Appeals reverses summary judgment finding four year statute of limitations under the Rehabilitation Act and that complaint was properly plead)

Abner, et al. v. Kansas City Southern Railway Co., 541 F.3d 372, 104 Fair Empl.Prac.Cas. (BNA) 265, 91 Empl. Prac. Dec. P 43,332, C.A.5 (La.), August 14, 2008 (NO. 07-30674); 513 F.3d 154, 102 Fair Empl.Prac.Cas. (BNA) 616, 90 Empl. Prac. Dec. P 43,063, C.A.5 (La.), January 02, 2008 (NO. 06-30476)(Fifth Circuit upholds jury verdict of punitive damages without compensatory predicate award and award of attorney fees for time spent during first trial resulting in mistrial due to hung jury).

Chedwick et al. v UPMC, 619 F.Supp.2d 172, 246 Ed. Law Rep. 61, 20 A.D. Cases 677, 36 NDLR P 40, W.D.Pa., December 12, 2007 (NO. 2:07-CV-806)(disability discrimination class action was not precluded as a matter of law)

Lewis v. Pennsylvania State Police, 609 F.Supp.2d 409, W.D.Pa., March 24, 2009 (NO. 2:06CV1162)(Third Circuit Court of Appeals reversed summary judgment of cadet applicant with diabetes in a regarded as disability discrimination case)

Guthrie v. Baker, et al. 583 F.Supp.2d 668, W.D.Pa., September 02, 2008 (NO. 2:07CV821)(third-party liability for sexual harassment)

Porter v. Broadspire et al., 492 F.Supp.2d 480, W.D.Pa., March 15, 2007 (NO. CIV.A. 05-1684)(ERISA disability insurance case finding disability and entitlement to benefits).

Peczynski v. Barnhart, 430 F.Supp.2d 503, 111 Soc.Sec.Rep.Serv. 509, W.D.Pa., March 27, 2006 (NO. CIV.A. 04-1354)(Social Security Disability)

Paterson v. Met. Life Ins. Co., 330 F.Supp.2d 548, W.D.Pa., July 21, 2004 (NO. CIV.A.03-95J)(ERISA case finding statute of limitations commences from denial of benefits and not proof of loss as stated in policy)

Sklenar v. Barnhart, 195 F.Supp.2d 696, 78 Soc.Sec.Rep.Serv. 461, W.D.Pa., March 28, 2002 (NO. CIV.A. 01-122)(Social Security Disability case concerning drug and alcohol dual diagnosis)

Haybarger v Mancino, 667 F.3d 408 (3rd Cir. 2012)(as a matter of first impression, the FMLA permits individual liability on the part of a supervisor who has sufficient control over employee's work).

Gaus v. Norfolk Southern Railway, 44 NDLR 8, 2011 WL 4527359 (W.D.Pa. 2011)(addressing the 2009 amendments to the Americans With Disabilities Act concerning railroad's application of its medical department's policies on disqualification and the federal law's requirement of an individualized assessment.