Defense of Product Manufacturer in Lawsuits for Black Lung Disease

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Jeff Muskopf represented a product manufacturer in lawsuits brought in over 15 counties by hundreds of coal miners who sought recovery for their claims of black lung disease. The willingness of the plaintiffs and our client to settle these claims was frustrated by the workers' compensation liens held by the employers and by the unwillingness of a co-defendant to settle. We designed a creative solution to these challenges, and over the objection of the non-settling defendant, the trial and appellate courts (in a published opinion) found that the settlements were proper and in good faith.


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