Bulk of Class Action Against Car Manufacturer for Defective Navigational/Entertainment System Allowed To Proceed
Posted on Jun 4, 2014 in Construction, Product Liability, Transportation | Comments Off on Bulk of Class Action Against Car Manufacturer for Defective Navigational/Entertainment System Allowed To Proceed
In a putative class action brought against a car manufacturer for fraud and breach of warranty claims in fifteen states, the U.S. District Court for the Northern District of California denied the manufacturer’s motion to dismiss with respect to most claims. The case alleges that the manufacturer’s navigation/entertainment system, which allows for control of multiple car functions...
California Jury Levies $10.9 Million Verdict Against Manufacturer
Posted on Jun 3, 2014 in Construction, Product Liability | Comments Off on California Jury Levies $10.9 Million Verdict Against Manufacturer
According to Law360, a Fresno, California jury returned a $10.9 million verdict against a global manufacturing company on Monday for the family of a man who allegedly died from mesothelioma after exposure to asbestos-containing products while fixing old cars and trucks. The verdict included a $3.5 million award of punitive damages and is likely to be appealed.
Louisiana Federal Court Tosses Tally Man’s Asbestos Exposure Claims Against Railroad
Posted on Jun 3, 2014 in Energy/Environmental, Transportation | Comments Off on Louisiana Federal Court Tosses Tally Man’s Asbestos Exposure Claims Against Railroad
Last week, the U.S. District Court for the Middle District of Louisiana dismissed state common law tort claims brought by a husband and wife against a railroad for injury to the husband as a result of exposure to products containing asbestos. At the time of the alleged exposure, the husband worked for Baton Rouge or the Greater Baton Rouge Port Commission as a tally man in shipyards...
Minnesota Federal Court Dismisses Challenge to Railroad Tariff Without Prejudice Under Doctrine of Primary Jurisdiction
Posted on Jun 3, 2014 in Energy/Environmental, Litigation, Transportation | Comments Off on Minnesota Federal Court Dismisses Challenge to Railroad Tariff Without Prejudice Under Doctrine of Primary Jurisdiction
On May 27, 2014, the U.S. District Court for the District of Minnesota dismissed a case brought by manufacturers of toxic inhalation hazard (“TIH”) commodities and their trade associations that challenged a railroad’s amended tariff under the Hazardous Materials Transportation Act and 49 U.S.C. § 11101, which codifies the common-carrier obligations of railroads. The tariff at issue...
Pennsylvania To Determine If Workers’ Compensation Insurer Can Sue Alleged Tortfeasor Even If Injured Worker Does Not Sue In His Own Right
Posted on Jun 2, 2014 in Litigation | Comments Off on Pennsylvania To Determine If Workers’ Compensation Insurer Can Sue Alleged Tortfeasor Even If Injured Worker Does Not Sue In His Own Right
The Pennsylvania Supreme Court decided last week that it would resolve the question of whether the state’s Workers’ Compensation Act allows an employer/insurer to step into the insured employee’s shoes to subrogate against a tortfeasor. In the case, a workers’ compensation insurer paid out $33,929 in workers’ compensation benefits to an employee of an insured employer following the...
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