Louisiana Court Affirms Judgments for Exposure to Chemicals Following 2006 Plant Explosion
Posted on May 27, 2014 in Construction, Energy/Environmental, Investigations, Product Liability | Comments Off on Louisiana Court Affirms Judgments for Exposure to Chemicals Following 2006 Plant Explosion
Following lower court judgments finding that plaintiffs were exposed to harmful chemicals from a 2006 chemical plant explosion, the plant owner defendant appealed arguing that while it may have caused the explosion, the plaintiffs failed to prove that the defendant actually caused them to be exposed to chemicals. Last week, the Louisiana Third Circuit Court of Appeals affirmed the...
Evidence of Failure To Comply With Safety Regulations Not Enough for Intentional Tort Claim in Ohio
Posted on May 27, 2014 in Construction, Investigations, Litigation | Comments Off on Evidence of Failure To Comply With Safety Regulations Not Enough for Intentional Tort Claim in Ohio
The U.S. District Court for the Southern District of Ohio dismissed an employer intentional tort claim, finding that the plaintiff failed to present evidence that the defendant was his employer or that the defendant acted with specific intent. The plaintiff, a subcontractor on a construction site who was injured in a fall, alleged that the general contractor was responsible for the...
Sunshine in Litigation Act Introduced in U.S. Senate Could Limit Companies’ Ability To Protect Confidential Information
Posted on May 23, 2014 in Construction, Energy/Environmental, Investigations, Process Safety, Product Liability, Transportation, Workplace Safety | Comments Off on Sunshine in Litigation Act Introduced in U.S. Senate Could Limit Companies’ Ability To Protect Confidential Information
In the wake of the recent automotive cases that have required federal courts to weigh the general public’s health and safety interest against corporate confidentiality when determining whether to seal court records, a bill has been proposed in the U.S. Senate that would prohibit a court from denying public access to information in cases in which the pleadings state facts relevant to...
Texas Court Affirms $1.9 Million Jury Verdict Against Railroad for Worker’s Cumulative Spinal Injuries
Posted on May 23, 2014 in Investigations, Product Liability, Transportation | Comments Off on Texas Court Affirms $1.9 Million Jury Verdict Against Railroad for Worker’s Cumulative Spinal Injuries
Following a trial, a jury returned a verdict of $1.9 million against a railroad for negligence under the Federal Employers Liability Act (“FELA”) and for violation of the Locomotive Inspection Act on claims brought by an employee who worked for the railroad for 20 years but had been advised by a neurologist to stop working because of deterioration of his spinal health. The plaintiff...
OSHA Issues Penalties to Fertilizer Blender Following Severe Injury to Worker
Posted on May 22, 2014 in Construction, OSHA | Comments Off on OSHA Issues Penalties to Fertilizer Blender Following Severe Injury to Worker
OSHA announced proposed penalties totaling $181,000 for 12 alleged violations including failing to properly guard machines and electrical equipment, and failing to implement lockout procedures for hazardous energy control following its investigation into an incident in which a worker’s leg became entangled in an auger in November 2013. The move serves as a reminder to ensure that any...
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