X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
judge book gavel courthouse

In this era of per curium opinions and the predictable life cycle of a case from birth to split baby, it can be hard to find inspiration. As a corrective, or maybe just a nostalgic interlude, I offer the odyssey of one Rudolph Eisner, solo practitioner.

In 1938, a man by the name of Thomas Hughes was fired from his job at  Eureka Flint & Spar Company, a Trenton business that pulverized minerals for use in the manufacture of pottery. At the time of his dismissal, Hughes was suffering from silicosis, a debilitating lung disease caused by inhaling fine particles of silica dust. Even now there is no cure for silicosis. In 1938, there were few treatment options and very few means by which a worker in Hughes’ position could obtain financial assistance. The workers compensation law did not then cover occupational diseases such as silicosis, and the Social Security Act did not provide benefits for disabled workers until 1956. There were many barriers to a suit in tort, not the least of which was the statute of limitations, which was traditionally held to accrue as soon as the injury occurred. In an occupational exposure case, that meant upon first exposure to the injury-causing substance and in Hughes’ case, that implied that his claim was long time-barred.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at customercare@alm.com

Law Firms Mentioned

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.