Georgia Design Defect Claims Preempted By Federal Law For FDA-Approved Drugs In Interstate Commerce
Posted on Oct 16, 2014 in Product Liability | Comments Off on Georgia Design Defect Claims Preempted By Federal Law For FDA-Approved Drugs In Interstate Commerce
The U.S. District Court for the Northern District of Ohio recently found that in a case alleging damages from the use of a birth control patch, even though the plaintiff would have stated a valid design defect cause of action under Georgia law, those claims failed as a matter of law because the defendant manufacturer could not both comply with the state-law duty to alter the...
Proposed Liability Expert Rejected In Table Saw Design Case
Posted on Oct 16, 2014 in Investigations, Product Liability | Comments Off on Proposed Liability Expert Rejected In Table Saw Design Case
The U.S. District Court for the Eastern District of New York has precluded the testimony of a plaintiff’s proposed liability expert in a case alleging that a table saw that severed part of plaintiff’s left hand was defectively designed. Adopting the magistrate judge’s recommendations, the court found that the proposed expert had testified at approximately 100 trials and had been...
Claims Against Truck Manufacturer For Defective Grab Handle Go To Jury In California Federal Court
Posted on Oct 15, 2014 in Product Liability, Transportation | Comments Off on Claims Against Truck Manufacturer For Defective Grab Handle Go To Jury In California Federal Court
Claims against a truck manufacturer for allegedly designing a defective grab handle—used to aid truck operators entering and exiting the cab—will proceed to a jury trial in California federal court after a judge denied the manufacturer’s summary judgment motions. The U.S. District Court for the Eastern District of California held that the plaintiff, who fell from a truck after a grab...
Michigan Federal Court Grants Summary Judgment To Company That Inspected Pipeline Before Rupture
Posted on Oct 14, 2014 in Energy/Environmental, Process Safety | Comments Off on Michigan Federal Court Grants Summary Judgment To Company That Inspected Pipeline Before Rupture
The U.S. District Court for the Western District of Michigan granted summary judgment to the company that conducted inspections of an oil pipeline in 2005 that later ruptured in 2010 on claims brought by a property owner. Specifically, the property owner alleged that the inspecting company was negligent in performing its 2005 inspection because the report it provided to the pipeline...
OSHA Issues Substantial Proposed Penalty Against Florida Construction Company
Posted on Oct 13, 2014 in Construction, OSHA | Comments Off on OSHA Issues Substantial Proposed Penalty Against Florida Construction Company
OSHA has proposed $355,300 in penalties against a Florida-based construction company based on inspections initiated through its Regional Emphasis Program on Falls in Construction. Included in the penalties were three willful safety violation allegations (each for a maximum penalty of $70,000) for failing to provide workers with fall protection systems. OSHA contends that the systems...
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