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Case review 2019-12-10
In this noise induced hearing loss claim, the Court of Appeal upheld the decision at first instance that adverse inferences could not be drawn against the defendant where there was a lack of noise surveys.
In recent years, the US has seen a trend in large-scale litigation pushed forward by the plaintiffs’ bar in the form of class actions, which are often consolidated in state courts or take the form of multi-district litigation (MDL) in the federal court system.
We are pleased to announce that we have continued our growth in the United States with our relocation to a new, larger office in Philadelphia, and the addition of Louis Kozloff as partner and associate Thomas Seery.
5G, the fifth generation of mobile networks, is set to be faster and more reliable, with greater capacity, and lower response times than previous mobile generations. The uptake within businesses and offices will undoubtedly be very high. Along with the clear benefits this will bring, there are concerns about possible risks this could have to our health. There have, for example, been allegations that 5G will cause cancer, autism and infertility.
Many believed that defending claims made pursuant to the Control of Substances Hazardous to Health Regulations 2002 (COSHH) would become fairer following the introduction of the Enterprise and Regulatory Reform Act 2013 (ERRA), however, that does not seem to have been the reality.
A roundup of recent court decisions raising issues relating to a claim for ‘lost years’, allegations of unlawful air pollution levels, an acoustic shock appeal case, preferred funding methods for shortened life expectancy and a failed claim for occupational stress.
Occupational disease invariably involves looking back at working practices, which have caused or contributed to a person’s disease. Asbestos, noise and vibrating tools have been the primary focus of our occupational disease practices for many years. However, as working practices evolve, with the workplace of the future expected to look very different, so will the types of health issues affecting employees.
We have previously examined the potential occupational disease risks of the Fourth Industrial Revolution, where we refer to nanomaterials as the next ‘miracle dust ‘for its asbestos-like qualities, and it is this material that we now delve into and the specific health risks it poses.
This is the third in a series of articles on the topic of innovation in the legal services field by Partner Richard West.
Sometimes claims fraud is obvious, indisputable evidence lands on your desk and defeating the claim becomes just a matter of time.