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Etzler Lawhead Legal Group, PC

Court Rules Insurer Has No Duty to Defend Employer in Fatal Workplace Accident Case

By Workers' Compensation No Comments

An employee of High Performance Alloys, Inc. died while working at the company’s facility. The deceased employee’s estate sued the company for wrongful death, alleging gross negligence, willful and wanton conduct, disregard of safety regulations, and actual intent to cause injury. The complaint referenced prior safety violations, knowledge of hazardous conditions, failure to implement available safety measures, and a claim…

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7th Circuit affirms lower court decision over insurance coverage in Tipton County wrongful death lawsuit

By Personal Injury No Comments

A federal appeals court has affirmed a lower court ruling that an insurer doesn’t have to provide coverage for a Tipton County employer facing wrongful death litigation. High Performance Alloys Inc. is facing a lawsuit from the estate of plant manager Elliot Sullivan over injuries from a 2022 accident at the plant that led to his death. In an opinion…

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Out-of-network drug costs 67% higher in workers comp

By Workers' Compensation No Comments

Injured workers’ prescriptions filled outside pharmacy networks cost an average of 67% more than comparable in-network medications, according to an analysis released Friday by Enlyte. The report analyzed calendar-year 2025 retail pharmacy, mail-order and paper medical bill prescription transactions across workers compensation and auto casualty claims, comparing utilization and spending between in-network and out-of-network channels to provide a broader picture…

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Formula Makers Can’t Force NEC Cases Into Federal Court, Appeals Court Rules

By Personal Injury No Comments

Several parents whose premature infants developed necrotizing enterocolitis (NEC) after being fed cow’s milk-based formula at Pennsylvania Hospital sued the manufacturers of the formula, as well as the hospital, in Pennsylvania state court. The parents alleged that the manufacturers’ products caused NEC and that the hospital failed to warn of the risks and implement policies to protect patients. Some plaintiffs…

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Stricter NEC formula warning wouldn’t have stopped infant’s death: Appeals court

By Personal Injury No Comments

A West Virginia woman whose baby died from a disease allegedly caused by consuming cow’s milk-based infant formula won’t get the chance to revive her lawsuit against Abbott Labs, the maker of the formula, because the “alternative warning” she and her lawyers proposed wouldn’t have made a difference, a federal appeals court has ruled. On July 24, the U.S. Seventh…

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Pediatrics group tries to escape endangered bid to block FL AG’s suit over kid transgender medicine

By Personal Injury No Comments

Faced with the prospect of a potential landmark appellate court ruling against them, the American Association of Pediatrics has moved to drop altogether their bid to use Chicago’s federal courts to block Florida’s state attorney general from using Florida’s courts to press his claim the AAP violated a Florida state law by allegedly misleading the public about the safety of…

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Court OKs $45M verdict in talc asbestos case, including unprecedented $30M for ‘reduced lifespan’

By Workers' Compensation No Comments

An Illinois appeals court has thrown open a new avenue for personal injury lawyers and others to claim potentially massively enhanced verdicts, as the court upheld a $45 million verdict awarded by a Cook County jury to the family of a woman who died of mesothelioma, allegedly caused by exposure to talc in Johnson & Johnson baby powder — a…

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INDOT accused of negligently designing construction zone, leading to fatal crash

By Personal Injury No Comments

The estate of a Nappanee man has accused the Indiana Department of Transportation of failing to maintain a construction zone that was the site of his fatal collision last year. Missouri-based law firm Keller & Keller filed the lawsuit last week on behalf of the estate of Jerry Lamb, who died in a multi-vehicle collision on U.S. Highway 20 last…

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Seventh Circuit Sides with Pharmacy in Cooler Shelf Injury Case

By Personal Injury No Comments

A customer was injured at a retail pharmacy when numerous beverage bottles fell from a cooler shelf, striking him and causing him to fall. The coolers in the store were stocked by both employees and independent beverage vendors, with vendors responsible for the majority of products and annual “resets” involving shelf removal and cleaning. Employees did not oversee these resets…

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Court of Appeals reverses trial court’s ruling that city of South Bend is not liable for pothole injury

By Personal Injury No Comments

The Indiana Court of Appeals reversed a lower court’s ruling that the city of South Bend should not be held liable for the injuries a man obtained after falling into a pothole in downtown South Bend two years ago. The Court of Appeals determined that the city failed to designate sufficient evidence to prove it was entitled to immunity under…

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