Subcontractor Not On Hook For Faulty LP Detector Following Fatality According To Fifth Circuit
Posted on Nov 25, 2014 in Construction, Litigation | Comments Off on Subcontractor Not On Hook For Faulty LP Detector Following Fatality According To Fifth Circuit
The Fifth Circuit recently decided an insurance-coverage dispute involving a contractor with the Federal Emergency Management Agency in the aftermath of Hurricanes Rita and Katrina and one of that contractor’s subcontractor hired to haul and install FEMA trailers. As part of the contractor-subcontractor agreement, the sub agreed to indemnify the contractor for any injuries...
Failure To Plead Specific Factual Allegations Dooms Product Liability Claims Against Bullet Manufacturer
Posted on Nov 24, 2014 in Product Liability | Comments Off on Failure To Plead Specific Factual Allegations Dooms Product Liability Claims Against Bullet Manufacturer
The U.S. District Court for the Northern District of Illinois dismissed a bullet manufacturer last week from a case brought by a plaintiff who had suffered permanent injuries while attempting to fire a rifle. The plaintiff alleged negligence, strict liability, breaches of express and implied warranties, and a claim for punitive damages against the multiple companies that manufactured...
Louisiana Federal Court Dismisses Punitive Damages Claims Against Pipeline Operator
Posted on Nov 24, 2014 in Energy/Environmental, Product Liability | Comments Off on Louisiana Federal Court Dismisses Punitive Damages Claims Against Pipeline Operator
Following a natural gas ignition in June 2013, a Louisiana plaintiff brought suit against the owner and operator of the natural gas transmission pipeline on claims that it had ruptured and exploded on her property, and had damaged her home and the surrounding area. She filed a class action complaint against the pipeline operator claiming to also represent anyone affected within two...
Separate Product Liability Drug Cases Deemed Removable “Mass Action” By Ninth Circuit
Posted on Nov 23, 2014 in Litigation, Product Liability | Comments Off on Separate Product Liability Drug Cases Deemed Removable “Mass Action” By Ninth Circuit
In a series of cases involving alleged injuries related to the ingestion of propoxyphene, a number of cases were filed against the pharmaceutical companies who held the rights to drugs containing this ingredient before these drugs were removed from the market. In California, more than forty actions had been filed in state court making similar claims, and a group of attorneys...
Employer On Hook For Partial Disability Payments For Injured Worker Even After Discovering Immigration Issue
Posted on Nov 22, 2014 in Construction, Litigation | Comments Off on Employer On Hook For Partial Disability Payments For Injured Worker Even After Discovering Immigration Issue
Following an on-the-job injury for a construction company, a worker received total disability payments from the company. At the request of the company’s workers’ compensation insurance carrier, however, the company determined that the worker was an undocumented worker without a valid social security number. The employer terminated the employment and hired a doctor to...
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