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Specific causation in an asbestos matter was addressed in a recent decision by the First Department of the New York Supreme Court. Notably, the decision is the first time an appellate court in New York affirmed a jury verdict in a case where a plaintiff’s mesothelioma was caused by alleged asbestos-containing talcum powder. This decision should have limited, if any, implication on national toxic tort litigation because of the distinct facts relating to the case, however, an analysis of the case can provide valuable lessons for defendants preparing for trial.
Opinion: Her husband got COVID-19, and now she s suing his employer
STEPHEN L. CARTER/BLOOMBERG OPINION
Leonardo Fernandez Viloria/Getty Images South America
Corby Kuciemba argues that her husband got sick when his employer, Victory Woodworks, moved workers to a new site, allegedly in violation of safety protocols. The couple both tested positive in mid-July, and Corby Kuciemba, who is 65 and described in the lawsuit as a high risk individual due to her age and health, had a particularly severe case and spent weeks on a ventilator. The question is whether, in allowing the husband to contract COVID-19, the employer violated a duty not only to an employee, but also to the employee s spouse.
144.109
Declaration required to qualify for duty amount
In order to qualify for the duty amount applicable to goods produced by an overseas exporter specified in Table 1, a valid commercial invoice with an accompanying declaration must be presented to HMRC on importation of the goods. The text of the declaration is set out in Annex 2.
If an invoice is not presented, or the declaration is not made, the residual amount is the duty amount applicable to the goods.
Goods subject to duty
Category 1 goods (biodiesel, pure or blend, greater than 20% biodiesel content)
The duty specified in Table 1 applies to goods described, or imported under a commodity code specified, below.