ALJ Finds Federal Mine Safety And Health Commission Has Authority To Review Validity of Safeguards Even Where No Citation Has Been Issued
Posted on Mar 4, 2014 in Construction, Litigation | Comments Off on ALJ Finds Federal Mine Safety And Health Commission Has Authority To Review Validity of Safeguards Even Where No Citation Has Been Issued
An ALJ for the Federal Mine Safety and Health Review Commission held that the Commission has the authority to review MSHA safeguards prior to the issuance of citations or orders. The ALJ, ruling on a motion to dismiss a coal company’s notice of contest to a MSHA safeguard, found that the Mine Act granted the Commission implied authority to determine the validity of a safeguard even if...
Federal District Court Says Chemical Company’s Restoration of Property to Regulatory Standards Sufficient To Avoid Damages for Release of Wastewater on Plaintiff’s Property
Posted on Mar 3, 2014 in Energy/Environmental, Product Liability | Comments Off on Federal District Court Says Chemical Company’s Restoration of Property to Regulatory Standards Sufficient To Avoid Damages for Release of Wastewater on Plaintiff’s Property
Following a 2011 pipeline rupture and wastewater spill, a Louisiana federal district court granted in part and denied in part a chemical company’s motion for summary judgment in a case for alleged damages. As owner of the pipeline, the court found that under Louisiana law, the chemical company would be liable for any damages that the plaintiff’s land had incurred as a result of the...
California Appellate Court Says Disabled Pipefitter Has Disability Discrimination Claim Against Turnaround Service Provider
Posted on Mar 3, 2014 in Litigation | Comments Off on California Appellate Court Says Disabled Pipefitter Has Disability Discrimination Claim Against Turnaround Service Provider
In a case brought by a worker under the California Fair Employment and Housing Act, a California appellate court reversed a trial court’s grant of summary judgment to a multi-industry turnaround service provider. The worker, whose disability required him to wear a leg brace, was assigned to work as a pipefitter. As a pipefitter, the worker typically performed scaffolding work, but...
Sixth Circuit Affirms Decision Requiring Coal Mine Operator To Revise Ventilation Plan
Posted on Mar 3, 2014 in Construction | Comments Off on Sixth Circuit Affirms Decision Requiring Coal Mine Operator To Revise Ventilation Plan
The Sixth Circuit affirmed an ALJ’s decision to uphold a Federal Mine Safety and Health Administration directive to an underground coal mine operator to revise its ventilation plan in response to a 2010 ignition. The ignition occurred at the face of a mine while a continuous mining machine was cutting coal. One of the machine’s bits made contact with a hard rock, causing a spark that...
Sixth Circuit Affirms Summary Judgment for Manufacturer of Custom Overhead-Gantry Milling Machine
Posted on Mar 3, 2014 in Construction, Investigations, Product Liability | Comments Off on Sixth Circuit Affirms Summary Judgment for Manufacturer of Custom Overhead-Gantry Milling Machine
The Sixth Circuit affirmed summary judgment in favor of a manufacturer of a custom overhead-gantry milling machine that caused the death of a worker at a Michigan machining company. The worker’s estate brought suit against the manufacturer alleging negligent design and failure to warn after the machine’s cutting tool killed the worker. Prior to the lawsuit, the accident was...
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