New York Federal Court Dismisses Suit Alleging High-Fructose Corn Syrup Is a Toxic, Unsafe Substance
Posted on Apr 21, 2014 in Energy/Environmental, Product Liability | Comments Off on New York Federal Court Dismisses Suit Alleging High-Fructose Corn Syrup Is a Toxic, Unsafe Substance
Earlier today, the U.S. District Court for the Western District of New York dismissed a case against five manufacturers of high-fructose corn syrup alleging the substance was toxic, unsafe, and was a substantial factor in causing the plaintiff to develop Type 2 diabetes. Accepting the plaintiff’s allegations as true for the purposes of deciding the defendants’ motion to dismiss, the...
Insurer Must Defend Asbestos Claims Against Dissolved Insured Corporation Under New Jersey Law
Posted on Apr 18, 2014 in Litigation, Product Liability | Comments Off on Insurer Must Defend Asbestos Claims Against Dissolved Insured Corporation Under New Jersey Law
An insurance company that accepted premiums from and agreed to defend and indemnify a New Jersey valve manufacturer for tortious conduct during designated coverage periods must defend suits brought by a group of plaintiffs for alleged asbestos exposure during those time periods, even though the insured had declared bankruptcy and dissolved at the time the suits were initiated. The...
Wisconsin Federal Court Grants Summary Judgment for Union on Worker’s Breach of Duty of Fair Representation Claim Following Violation of Workplace Safety Rule
Posted on Apr 18, 2014 in Litigation, Workplace Safety | Comments Off on Wisconsin Federal Court Grants Summary Judgment for Union on Worker’s Breach of Duty of Fair Representation Claim Following Violation of Workplace Safety Rule
While working in a plastics manufacturing plant, a worker violated a Task Safety Analysis rule requiring belly bands (or lifting straps) to be used when changing shafts as opposed to manually lifting them. The employer investigated the incident and terminated the worker because this was his second willful violation of a Task Safety Analysis rule at the plant and he had previously been...
New York Manufacturer Justified in Terminating Worker Despite Worker’s Filing of OSHA Complaint and Claim for Workers’ Compensation
Posted on Apr 17, 2014 in Litigation, OSHA | Comments Off on New York Manufacturer Justified in Terminating Worker Despite Worker’s Filing of OSHA Complaint and Claim for Workers’ Compensation
Working in a New York plant that repaired and manufactured turbine blades for gas turbine engines, a worker was diagnosed with chronic obstructive pulmonary disease and filed a claim for workers’ compensation. The worker also submitted a complaint to OSHA about the workplace conditions at the plant, including inadequate ventilation, lack of respiratory protection, and insufficient...
Oregon’s Highest Court Instructs Intermediate Appellate Court To Review Jury Verdict for Manufacturer of Riding Lawnmower
Posted on Apr 17, 2014 in Product Liability | Comments Off on Oregon’s Highest Court Instructs Intermediate Appellate Court To Review Jury Verdict for Manufacturer of Riding Lawnmower
Following an accident in which a father unsuspectingly backed a riding lawnmower over his daughter, the family brought suit against the lawnmower manufacturer alleging that the mower was defective and unreasonably dangerous because the mower provided a mechanism for overriding a safety shutoff feature that otherwise would have stopped the cutting blades when going in reverse, the...
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