What is a Claim?
A claim is a legal action concerning physical or mental harm suffered by the plaintiff due to the defendant’s negligence. In the case of insurance claims, it is a request made by the insured to the insurance company for coverage and compensation for damage or injury. A claim is sometimes also referred to as a Cause of Action.
Cornell Law School’s Legal Information Institute defines a claim as, “a set of operative facts creating a right enforceable in court.” Making a claim is how the process of a plaintiff filing a lawsuit and eventually receiving damages from a defendant begins. A claim must be present in order for a lawsuit to go forward. If one is not present in a specific instance, then that lawsuit will be dismissed. Examples of types of claims include claims to insurance companies, personal injury claims in cases of negligence, claims on breaches of contract, property claims, and employment claims such as unpaid wages, wrongful termination, or discrimination. A defendant may make a counterclaim against the claim of a plaintiff.
Claims can sometimes be dismissed even if there is an intent to file a lawsuit. Rulings in cases such as Ashcroft v. IQBAL and Bell Atlantic v. Twombly have determined that claims need to contain important information. They must be plausible on their own and establish a likelihood of liability. This is how claims can lead to fair compensation, resolution of disputes, and protection of rights.
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Pooling May be Forced on Marcellus Shale Area Residents
The Marcellus Shale natural gas industry is lobbying for legislation that would force property owners in the Marcellus Shale region to allow drilling for natural gas on their land if other property owners approve the request but they refuse. Referred to as “forced pooling,” the pooling order would set forth the terms and conditions of the forced lease, such as compensation for the reluctant property owner.
The purpose of pooling is to group adjoining mineral rights leases to form a larger drilling unit, and according to the industry, results in more economical drilling. Property owners with mineral rights would lease his or her interest in exchange for a royalty share. In Pennsylvania, the industry wants to add the statute to the severance tax to be adopted by the state.
If you are a property owner and you are opposed to drilling on your property, or if your well has been contaminated or your property has been damaged by well drilling, […]
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Uneasiness Persists About Marcellus Shale Operations
Some Pennsylvania property owners don’t like the idea of living next to a drilling rig and want their local governments to use zoning regulations to prevent the development of natural gas wells.
But local government leaders’ hands are tied to a great extent by a state law called the Pennsylvania Oil and Gas Act. The state law preempts local regulation of gas wells and extraction and gives the regulatory authority to the Pennsylvania Department of Environmental Protection. Local regulations may not apply to the location of a well, well site safety or even protection of the water supply.
The pressing questions of which local municipal regulations still apply and which are preempted are still being sorted out by the courts.
Natural gas drilling and extraction from the Marcellus Shale poses rewards and hazards for Pennsylvania communities. While there is the potential for significant economic benefit, […]
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Leaks, spills, contamination are common at drilling sites
Contamination from drilling fluid and industrial wastewater spills are all too common among drilling operators seeking natural gas in the Marcellus Shale formation.
There have been hundreds of incidents of spills at natural gas drilling sites in Pennsylvania during the last five years by more than 90 different drilling companies. According to The Scranton Times-Tribune, many of the largest drill operators in the Marcellus Shale have received notices of violation for spills that reached waterways, for leaking containment pits that contaminated drinking water and for other problems.
So far this year, inspectors have found 421 violations at Marcellus Shale wells. At least 50 of the violations involved a spill to soil or water that state officials attribute to poor management and a lack of proper oversight.
The blowout of a well drilled by EOG Resources in early June has focused Pennsylvania regulators’ attention on the need for new drilling safety regulations for Marcellus Shale gas drilling in order to prevent accidents and injuries. […]
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$82.5 Million Awarded To Blast Victim’s Family
Company found grossly negligent in wrongful death case
As wrongful death attorneys, we deal with the grief and confusion a family feels following the unexpected and unnecessary death of a loved one. It is difficult for family to maneuver through the maze of legalities while mourning the loss of their loved one, especially when the death is that of a young father and husband.
The Star-Telegram reports the family of a 27-year-old man who died of injuries suffered in an explosion at a natural gas processing plant has been awarded $82.5 million by a Harris County (Texas) jury.
In May, 2007, the young man was injured when a hot-oil treater exploded and he died at the hospital the next day. The award will go to his widow and the couple’s three young children, including a son born shortly after his father died. […]
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$1.7 Million For Nerve Damage Following Baby’s Birth
Hospital responsible for mother’s nerve damage due to negligent anti-nausea injection
The Post-Standard reports a New York state Supreme Court jury has awarded a home-care nurse almost $1.7 million for permanent nerve damage following her baby’s birth three years ago.
The lawsuit was filed against Community General Hospital after the hospital administered an intramuscular injection in an attempt to stop the woman’s vomiting following the birth of her third child. The suit claimed the injection was given too low causing damage to the woman’s sciatic nerve.
The 34-year-old mother now suffers from lower back pain and is unable to sit or stand for any length of time and has other physical problems as a result of the nerve damage. Although she still works as a home health care nurse, her doctors believe her condition will become worse.
Our attorneys at Munley, Munley, […]
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