Missouri Federal Court Finds Injury Claims Preempted By FDCA’s Medical Device Amendments
Posted on Aug 7, 2014 in Construction, Product Liability | Comments Off on Missouri Federal Court Finds Injury Claims Preempted By FDCA’s Medical Device Amendments
The defendant manufacturer of a medical device was sued after complications arose from a surgery in which the medical device had been used in an “off-label” manner. The plaintiff’s suit asserted claims for “(1) manufacturing defect, (2) design defect, (3) failure to warn, (4) negligence, (5) strict liability (excluding design defect), (6) breach of express warranty, (7) fraudulent...
Fines And Jail Time Follow Dumping Fracking Wastewater In Violation Of The Clean Water Act
Posted on Aug 6, 2014 in Energy/Environmental, Investigations | Comments Off on Fines And Jail Time Follow Dumping Fracking Wastewater In Violation Of The Clean Water Act
An Ohio federal judge sentenced the former owner of an oil and gas services contractor to 28 months in jail and ordered him to pay a $25,000 fine for dumping fracking wastewater in violation of the Clean Water Act (CWA). The defendant had pled guilty to one count of making an unpermitted discharge for ordering an employee to discharge the fracking wastewater more than 30 times over a...
Federal Court Rejects Argument That New York MTBE Case Created New Standard Of Causation
Posted on Aug 6, 2014 in Construction, Energy/Environmental | Comments Off on Federal Court Rejects Argument That New York MTBE Case Created New Standard Of Causation
The U.S. District Court for the Southern District of New York granted summary judgment to an American chemical company on claims by a group of Indian plaintiffs for property damage incurred by hazardous chemicals originating from a chemical manufacturing facility in Bhopal, India from 1969 to 1984. The American company was then the majority owner of the Indian company that owned the...
Sixth Circuit Finds ALJ Applied Incorrect Standard In Black Lung Case
Posted on Aug 5, 2014 in Construction | Comments Off on Sixth Circuit Finds ALJ Applied Incorrect Standard In Black Lung Case
The Sixth Circuit vacated an ALJ’s award of benefits and remanded a black lung case to the Benefits Review Board. The court held that substantial evidence supported the Benefits Review Board’s ALJ’s determination that a miner’s chronic obstructive pulmonary disease arose at least in part out of coal mining employment. However, the court found a remand necessary given that the ALJ...
No Duty To Warn Worker’s Wife Allegedly Exposed To Asbestos Under Oklahoma Products Liability Law
Posted on Aug 5, 2014 in Construction, Product Liability | Comments Off on No Duty To Warn Worker’s Wife Allegedly Exposed To Asbestos Under Oklahoma Products Liability Law
The estate for the wife of a factory worker brought suit contending that the clothing she laundered for her husband was contaminated with asbestos and caused her mesothelioma. The estate sued multiple parties including the company that manufactured the boilers allegedly present at one or more of the factories where the husband worked. The U.S. District Court for the Western District...
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