Union Carbide Corp. v. Richard

These consolidated cases involved claims for survivors' benefits under the Black Lung Benefits Act, 30 U.S.C. 901 et seq. Petitioners, the coal mine operators responsible for payment of respondents' benefits, petitioned for review, claiming that principles of res judicata foreclosed respondents - each of whom previously and unsuccessfully sought survivors' benefits under the Act - from relying on a recent amendment to the Act to pursue benefits again through a "subsequent claim." The court affirmed the Board's awards, concluding that res judicata did not bar the subsequent claims because the amendment created a new cause of action that was unavailable to respondents when they brought their initial claims. View "Union Carbide Corp. v. Richard" on Justia Law