Case Involving Miner’s Benefits Claim Not Precluded By Issues Decided In Widow’s Claim For Survivor’s Benefits
Posted on Jul 10, 2014 in Construction | Comments Off on Case Involving Miner’s Benefits Claim Not Precluded By Issues Decided In Widow’s Claim For Survivor’s Benefits
Last week, the Fourth Circuit denied a coal company’s petition for review of a Benefits Review Board decision that affirmed a grant of living miner benefits to a former employee under the Black Lung Benefits Act. The company argued that the award should be vacated because the case was precluded by a previously adjudicated claim for survivor’s benefits by the miner’s widow, which was...
Injuries Caused In Oilfield Mud Tank Not Subject To Insurance Policy’s Pollution Exemption
Posted on Jul 10, 2014 in Energy/Environmental, Litigation | Comments Off on Injuries Caused In Oilfield Mud Tank Not Subject To Insurance Policy’s Pollution Exemption
In December 2012, an oilfield worker for a services subcontractor specializing in the cleaning of mud tanks arrived at a worksite and proceeded to clean a tank at the instruction of the general contractor. The general contractor allegedly failed to inform the worker that the tank contained large quantities of caustic materials and as a result, the worker entered the tank without the...
Strict Products Liability And Implied Warranty Of Merchantability Claims Allowed To Proceed Against Air Mattress Manufacturer And Retailer
Posted on Jul 10, 2014 in Construction, Investigations, Product Liability | Comments Off on Strict Products Liability And Implied Warranty Of Merchantability Claims Allowed To Proceed Against Air Mattress Manufacturer And Retailer
The U.S. District Court for the Middle District of Florida denied a motion to dismiss a plaintiff’s strict products liability and implied warranty of merchantability claims against an air mattress manufacturer and the retailer from which the product was purchased. The plaintiff was allegedly injured after his inflated air mattress unexpectedly popped and collapsed. The defendants...
Indiana Federal Court Holds Insurer Does Not Have Duty To Indemnify Manufacturer’s Contamination Damages
Posted on Jul 9, 2014 in Construction, Energy/Environmental, Litigation, Transportation | Comments Off on Indiana Federal Court Holds Insurer Does Not Have Duty To Indemnify Manufacturer’s Contamination Damages
An insurance dispute developed arising from alleged soil and groundwater contamination around an Indiana plant used to manufacture automotive component climate control system parts including radiators, condensers, hoses, compressors, accumulators, fuel injection components, and evaporators. The aluminum from which the parts were made had to be cleaned, so the site operated 13...
Payroll Taxes Not Properly Withheld From Jury Verdict For Railroad Worker According To Missouri Federal Court
Posted on Jul 8, 2014 in Product Liability, Transportation | Comments Off on Payroll Taxes Not Properly Withheld From Jury Verdict For Railroad Worker According To Missouri Federal Court
Last Fall, a jury in the U.S. District Court for the Eastern District of Missouri awarded a railroad employee a verdict of nearly $1.7 million after a train “bottomed out” and ejected him. Yesterday, the court had to determine whether the railroad properly withheld payroll taxes to be tendered to the U.S. Treasury from the amount of the verdict. Specifically, was a general verdict...
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