Time To Review Any Independent Contractor Relationships In New Jersey
Posted on Jan 16, 2015 in Construction, Litigation | Comments Off on Time To Review Any Independent Contractor Relationships In New Jersey
On Wednesday, the Supreme Court of New Jersey articulated the test to be used in determining whether a worker is an independent contractor or employee for purposes of the state’s Wage Payment Law and Wage and Hour Law. Any company that contracts with independent contractors in New Jersey should take note of the decision, which found that the test for resolving wage payment and wage and...
Proximity Detection Systems Now Required For Continuous Mining Machines
Posted on Jan 15, 2015 in Construction | Comments Off on Proximity Detection Systems Now Required For Continuous Mining Machines
Earlier today, the Mine Safety and Health Administration (MSHA) published a final rule that is effective March 16 requiring underground coal mine operators to equip continuous mining machines (except full-face machines) with proximity detection systems. Any new machines manufactured after the effective date must be compliant with the rule’s requirements by November 16. Some...
Settling Before Trial Costs Shipbuilder In Insurance Coverage Dispute In Eleventh Circuit
Posted on Jan 11, 2015 in Construction, Litigation | Comments Off on Settling Before Trial Costs Shipbuilder In Insurance Coverage Dispute In Eleventh Circuit
In 2002, the crew of a passenger vessel was preparing for an extended lay-up period when the Captain cut the ship’s power to disconnect from its battery terminals and became trapped in the forward bulkhead door in a position that prevented rescuers from accessing the door’s emergency release mechanism. The Captain died in the incident and his estate brought a wrongful...
Contribution, Indemnification, And Breach Of Contract Claims Under State Law Not Preempted By LIA
Posted on Jan 10, 2015 in Transportation | Comments Off on Contribution, Indemnification, And Breach Of Contract Claims Under State Law Not Preempted By LIA
After a railroad settled four cases brought under the Federal Employers’ Liability Act (FELA) with employees for injuries caused by allegedly defective equipment, the railroad filed an action against the company that manufactured the equipment and the company that had been hired to repair the equipment “in such a way as to prevent future seat failures” for state law...
Plaintiffs’ Product Liability Expert Opinions Scrutinized By Federal Courts
Posted on Jan 9, 2015 in Investigations, Product Liability, Transportation | Comments Off on Plaintiffs’ Product Liability Expert Opinions Scrutinized By Federal Courts
Yesterday, the U.S. District Court for the Eastern District of Tennessee and the U.S. District Court for the District of Nebraska issued opinions addressing challenges to proffered plaintiffs’ expert testimony in product liability cases. In the Nebraska case, which involved injuries sustained from a fall off a ladder, the court excluded the plaintiff’s expert opinion 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>>