Punitive Damages Not Recoverable By Seaman Under Jones Act Or General Maritime Law According To Fifth Circuit
Posted on Oct 12, 2014 in Energy/Environmental, OSHA, Product Liability, Workplace Safety | Comments Off on Punitive Damages Not Recoverable By Seaman Under Jones Act Or General Maritime Law According To Fifth Circuit
In an en banc opinion, the Fifth Circuit reaffirmed that the survivors of a Jones Act seaman as well as injured seamen are not eligible to recover punitive damages under the Jones Act or general maritime law. The court’s opinion reversed a controversial panel opinion, which had held that such damages were available despite years of precedent to the contrary. In the underlying action,...
Surgical Mesh MDL Court Finds Punitive Damage Claims Under West Virginia Law Can Go To Jury
Posted on Oct 10, 2014 in Product Liability | Comments Off on Surgical Mesh MDL Court Finds Punitive Damage Claims Under West Virginia Law Can Go To Jury
In the MDL involving more than 60,000 cases involving the use of transvaginal surgical mesh to treat pelvic organ prolapse and stress urinary incontinence, the U.S. District Court for the Southern District of West Virginia ruled yesterday that in cases where the plaintiffs were implanted with and allegedly injured by the products in West Virginia, West Virginia law would apply based on...
Pilot Denied New Trial In New Hampshire Helicopter Crash Case
Posted on Oct 9, 2014 in Investigations, Product Liability, Transportation | Comments Off on Pilot Denied New Trial In New Hampshire Helicopter Crash Case
The pilot of a helicopter that had to conduct an emergency landing brought a suit against the manufacturers of the helicopter, the engine, and the electronic control unit (“ECU”) for defective design. The U.S. District Court for the District of New Hampshire issued an 80-page opinion last week denying the pilot’s motion for a new trial and for relief from judgment. As the court...
Employer May Not Impose Advance Notification Requirement On Employees Who Seek Medical Treatment After Workplace Injury In Illinois
Posted on Oct 9, 2014 in Litigation | Comments Off on Employer May Not Impose Advance Notification Requirement On Employees Who Seek Medical Treatment After Workplace Injury In Illinois
The U.S. District Court for the Northern District of Illinois concluded that under Illinois law, an employer may not impose an advance notification requirement on employees who seek medical treatment following a workplace injury. In the case, the company policy required an employee involved in a workplace injury to first attempt to report the injury to management before seeking...
Expert Not Allowed To Testify That Product’s Modifications Were Made “Recently”
Posted on Oct 8, 2014 in Investigations, Product Liability | Comments Off on Expert Not Allowed To Testify That Product’s Modifications Were Made “Recently”
In 2010, a worker using a rubber injection mold press had to have his left hand amputated after having it caught while operating the press. The worker brought suit against the company who used the machine from 1995 to 2007, prior to selling it to his employer, on the grounds that this previous company had disabled the safety systems of the press. All of the experts in the case...
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