OSHA Targeting Exposure of Workers to Combustible Dust Hazards
Posted on May 16, 2014 in Construction, OSHA | Comments Off on OSHA Targeting Exposure of Workers to Combustible Dust Hazards
OSHA has issued proposed penalties of $254,000 to an Illinois-based pet food manufacturer after finding the company committed willful and repeat violations for exposing workers to combustible and respiratory dust hazards, which increased the likelihood of an explosion in the manufacturing plant. The plant allegedly had not installed a dust collection system with explosion protection...
Eleventh Circuit Holds Jones Act Seaman Cannot Recover for Injuries Caused By Work-Related Stress
Posted on May 15, 2014 in OSHA, Product Liability, Workplace Safety | Comments Off on Eleventh Circuit Holds Jones Act Seaman Cannot Recover for Injuries Caused By Work-Related Stress
According to the Eleventh Circuit, the Jones Act does not allow a seaman to recover for injuries caused by work-related stress because it is not a “physical peril” under the Act. This ruling vacated a $590,574.57 judgment in which a jury found that a chief mate and manager of a commercial vessel was entitled to compensation for physical injuries that he sustained as a result of...
Significant Punitive Damage Award Levied Against Car Manufacturer in Montana
Posted on May 15, 2014 in Investigations, Product Liability, Transportation | Comments Off on Significant Punitive Damage Award Levied Against Car Manufacturer in Montana
Yesterday, a Montana jury awarded the family of two teens involved in a fatal car crash $240 million in punitive damages because of an alleged manufacturing defect in the steering knuckles of the car’s suspension system. At trial, the manufacturer argued that the crash occurred because the teens were lighting fireworks in the car while the plaintiffs blamed the allegedly defective...
Foreign Tire Manufacturer Dismissed from Kansas Product Liability Case for Lack of Personal Jurisdiction
Posted on May 14, 2014 in Litigation, Product Liability | Comments Off on Foreign Tire Manufacturer Dismissed from Kansas Product Liability Case for Lack of Personal Jurisdiction
In a products liability case involving an injury resulting from an allegedly faulty motorcycle tire, the U.S. District Court for the District of Kansas granted motions to dismiss for lack of personal jurisdiction where the plaintiffs failed to show that a foreign tire manufacturer and its parent companies had “minimum contacts” with Kansas sufficient for the court to reasonably...
Pennsylvania Court Affirms Dismissal of Workers’ Compensation Claims Where Injury Occurred in New York
Posted on May 14, 2014 in Litigation | Comments Off on Pennsylvania Court Affirms Dismissal of Workers’ Compensation Claims Where Injury Occurred in New York
A Pennsylvania state court affirmed an order from the Workers’ Compensation Appeal Board that dismissed the petitioner’s workers’ compensation claims for lack of jurisdiction. Section 305.2 of the Pennsylvania’s Workers’ Compensation Act permits jurisdiction for out-of-state injuries if, inter alia, the employment was principally localized in Pennsylvania or the employment contract...
FEATURED
The Crisis Response & Incident Investigation Team at Eversheds Sutherland has substantial experience in guiding companies through crises, big and small, in providing a coordinated response to help mitigate risk and liability. More>>