Illinois Appellate Court Allows Vicarious Liability Claim To Proceed Against Hotel Company In Plane Crash Case Even Though No Ownership Interest
Posted on Oct 28, 2014 in Transportation | Comments Off on Illinois Appellate Court Allows Vicarious Liability Claim To Proceed Against Hotel Company In Plane Crash Case Even Though No Ownership Interest
A surviving spouse filed an action for wrongful death of a passenger involved in a small plane crash while en route from Kansas to Illinois. Among various other defendants, the plaintiff sued the estate of one of the other passengers, a co-owner of the plane who was also the founder and president of a hotel company. The plaintiff sued the co-owner for negligent entrustment and...
D.C. Circuit Upholds Extension Of OSHA’s Hazard Communication Rule To Combustible Dust
Posted on Oct 27, 2014 in OSHA | Comments Off on D.C. Circuit Upholds Extension Of OSHA’s Hazard Communication Rule To Combustible Dust
On Friday, the U.S. Court of Appeals for the D.C. Circuit upheld an OSHA rule governing combustible dust hazards. Specifically, the rule covers the agency’s hazard communication standard, which requires companies to identify hazards associated with their products, appropriately label containers, and effectively train their employees about the hazards. In 2012, OSHA amended the hazard...
Louisiana Federal Court Importantly Rejects Notion Of Co-Invitors In Offshore Operation
Posted on Oct 25, 2014 in Energy/Environmental, Litigation, OSHA, Workplace Safety | Comments Off on Louisiana Federal Court Importantly Rejects Notion Of Co-Invitors In Offshore Operation
The owner of an offshore dive support vessel (the “Contractor”) and the operator of a pipeline recommissioning project (the “Operator”) disputed responsibility for injuries incurred by a worker employed by a services contractor hired to handle Hydrogen Sulfide issues. The Contractor and Operator had a Master Services Contract containing reciprocal defense and indemnity provisions. ...
Wisconsin Federal Court Allows Plaintiff’s Expert To Testify In Portable Heater Explosion Case
Posted on Oct 24, 2014 in Investigations, Product Liability | Comments Off on Wisconsin Federal Court Allows Plaintiff’s Expert To Testify In Portable Heater Explosion Case
Following injuries caused by an exploding tire on a portable heater, a worker brought suit against the company that supplied the portable heater to his employer. The defendant moved to exclude the plaintiff’s sole liability expert, who opined that the catastrophic nature of the failure mode could have been prevented by using larger nuts and bolts, larger washers or rectangular ones,...
California Appellate Court Affirms $24 Million Damage Award In Asbestos Case
Posted on Oct 24, 2014 in Product Liability | Comments Off on California Appellate Court Affirms $24 Million Damage Award In Asbestos Case
Earlier this week, the Court of Appeal of California affirmed a Los Angeles jury’s award against an asbestos supplier for $6 million in compensatory damages and $18 million in punitive damages. The case concerned the fault for a builder’s mesothelioma and his wife’s loss of consortium. Originally, the jury awarded $30 million in compensatory damages but the trial judge reduced that...
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>>