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Fire Hose Manufacturer Obtains Summary Judgment On Design Defect Claims Following Fatality

The U.S. District Court for the District of Massachusetts granted summary judgment to the manufacturer of a fire truck on claims that the truck was defective because it was not equipped with a net restraint that could have prevented the escape of a hose from the bed of the truck.  The hose had come loose while the truck was moving and the hose’s nozzle struck and killed a pedestrian...

California Public Utilities Commission Imposes Record $1.4 Billion Penalty Against Utility Following September 2010 Pipeline Explosion

Yesterday, the California Public Utilities Commission (CPUC) issued four decisions by two Administrative Law Judges in connection with CPUC investigations of a utility’s gas transmission operations and practices, including pipeline recordkeeping, pipeline classification, and the September 2010 pipeline explosion that killed 8 people, injured 58 others, and damaged or destroyed more...

Directional Driller’s Employee’s Claims Against Lease Owner And Drilling Contractor Defeated On Summary Judgment

The Texas owner of a North Dakota oil and gas lease contracted with a drilling company to provide a drilling rig and drilling services (the “drilling contractor”), and also contracted with another company to perform directional drilling services (the “directional driller”).  In September 2012, wind blew a tear in a plastic liner covering the ground surface at the well site, which...

Pennsylvania Court Reverses $2.5 Million Jury Verdict Against Utility For Painter’s Injuries From Fall

Last week, the Superior Court of Pennsylvania reversed a jury verdict against a utility of nearly $2.5 million for injuries a painting contractor’s employee sustained when he fell 40 feet while painting an electric transmission pole.  The painting contractor had provided the worker with a pole belt, a body harness, and two lanyards, but the worker was using only the pole belt and one...

New Jersey Federal Court Denies Request For Class Certification In Train Derailment Case

The U.S. District Court for the District of New Jersey denied a request for class certification for individuals and business who suffered economic losses as a result of a train derailment that resulted in the release of toxic chemicals.  The plaintiffs in the case moved to certify two putative economic loss classes: (1) individuals who resided within the evacuation zone and had...

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