A Lackawanna County judge declined to dismiss a railroad employer from a lawsuit in which six former workers were suing the company for alleged negligent exposure to coal dust, ruling that the employer failed to raise, as an affirmative defense in a new matter, a waiver issue that otherwise could have insulated it from liability.
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Civil Practice
Railroad's Failure to Raise Defense Kept It in Suit for a Time
The Legal Intelligencer
February 19, 2013
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