Seeking Absolutes in a World of Probabilities: Washington Supreme Court Finds Mesothelioma to Be Risk of Asbestos Exposure Rather Than a Certain Harm

By | Notice of Appeal | September 19, 2014

In Waltson v. Boeing Co., a 5-4 majority of the Washington Supreme Court held that Boeing did not have actual knowledge in 1985 that asbestos exposure would cause certain injury and that its former employee was therefore only entitled to worker’s compensation payment for the cost of the mesothelioma that likely resulted from that exposure.

Third Circuit Holds That Breach of Agreement Not to Appeal Justifies Government’s Withdrawal of 5K Motion

Third Circuit Holds That Breach of Agreement Not to Appeal Justifies Government’s Withdrawal of 5K Motion

It has become the norm for the Government to insist in plea agreements, cooperating or otherwise, that the defendant waive his/her right to appeal the resulting sentence, as long as the sentence is no more severe than augured by the applicable advisory Sentencing Guidelines range.