Product Liability Case Involving Alleged Runaway Mine Car Allowed To Proceed in Alabama Federal Court
Posted on Apr 15, 2014 in Construction, Investigations, Product Liability | Comments Off on Product Liability Case Involving Alleged Runaway Mine Car Allowed To Proceed in Alabama Federal Court
Following significant injuries sustained while riding a mine car that allegedly malfunctioned, a worker brought suit against the manufacturer of two cooling fans in the mine car. The worker’s employer, however, discarded the cooling fans and could not locate them upon receipt of an evidence preservation letter from the plaintiff’s attorney approximately 35 days following the...
Florida Supreme Court Hears Argument on Questions Certified by the Eleventh Circuit Regarding Whether Tort Judgment Is Enforceable Following Workers’ Comp Settlement
Posted on Apr 14, 2014 in Litigation | Comments Off on Florida Supreme Court Hears Argument on Questions Certified by the Eleventh Circuit Regarding Whether Tort Judgment Is Enforceable Following Workers’ Comp Settlement
In December 1997, a tree fell while being loaded into a flatbed truck and killed an employee of the landscaping company performing the work. The company had a dual insurance coverage policy that provided 1) coverage for workers’ compensation insurance (Part I of the policy) and 2) employer liability insurance designed to insure against any damages arising from employee injuries not...
D.C. Circuit Upholds OSHA Enforcement Using General Duty Clause in SeaWorld Case; Dissent Warns of Far-Reaching Consequences
Posted on Apr 12, 2014 in OSHA | Comments Off on D.C. Circuit Upholds OSHA Enforcement Using General Duty Clause in SeaWorld Case; Dissent Warns of Far-Reaching Consequences
On Friday, the D.C. Circuit upheld OSHA’s finding that SeaWorld violated the Occupational Safety and Health Act’s “general duty” clause by willfully exposing trainers to recognized hazards when working in close contact with killer whales during performances following the death of a trainer. The 2-1 majority opinion explains why the record supports the ALJ determination upholding the...
The Office of Inspector General Says FAA Needs To Improve Oversight Of Voluntary Disclosure Reporting Program
Posted on Apr 10, 2014 in Transportation | Comments Off on The Office of Inspector General Says FAA Needs To Improve Oversight Of Voluntary Disclosure Reporting Program
The Office of Inspector General (“OIG”) released a report recommending that the FAA improve its voluntary disclosure reporting program. The report, which was issued in response to a mandate in the 2012 FAA Modernization and Reform Act, found that while the FAA has made progress in ensuring that air carrier reports meet the program’s requirements, the agency remains unaware about the...
West Virginia Mine Safety Board Gives Coal Operators Three Years To Implement Proximity Technology for In-Service Machines
Posted on Apr 10, 2014 in Construction | Comments Off on West Virginia Mine Safety Board Gives Coal Operators Three Years To Implement Proximity Technology for In-Service Machines
West Virginia’s Board of Coal Mine Health and Safety finalized a rule that will give coal operators three years to update continuous mining machines with “proximity detection systems” that would prevent miners from being crushed or pinned by underground equipment by stopping the machine if it gets too close to a worker. The new rule gives companies until July 1, 2017 to add the...
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