California Federal Court Prevents Product Liability Plaintiff From Changing Case Theory On Eve Of Trial
Posted on Jan 7, 2015 in Investigations, Product Liability | Comments Off on California Federal Court Prevents Product Liability Plaintiff From Changing Case Theory On Eve Of Trial
While installing an industrial switchboard, a California worker sustained serious injuries and brought suit against the switchboard manufacturer alleging defective design. Under California law, a tort claim for strict liability based on design defect can proceed under two theories: the risk-benefit test, which asks whether the benefits of the challenged design outweigh the risk of...
2014 Year in Review
Posted on Jan 6, 2015 in Uncategorized | Comments Off on 2014 Year in Review
Earlier today, we released the 2014 Safety Litigation Year in Review, which assembles our 20 most popular postings from the site’s inaugural year. The Year in Review document is available here.
Speculation Of Future Property Damage From Pipeline Leaks Not Enough For Missouri Plaintiffs
Posted on Jan 6, 2015 in Energy/Environmental, Product Liability | Comments Off on Speculation Of Future Property Damage From Pipeline Leaks Not Enough For Missouri Plaintiffs
A group of Missouri plaintiffs brought a putative class action seeking recovery for alleged property damages incurred as a result of several defendants’ ownership, maintenance, and control of a pipeline. The pipeline carried petroleum from 1952 to 1990. In 1994, the pipeline was sold to another company. As part of the sale, a document prepared by the selling company was...
“Any Exposure” Asbestos Theory Rejected By Illinois Federal Court
Posted on Jan 4, 2015 in Energy/Environmental, Investigations, Product Liability | Comments Off on “Any Exposure” Asbestos Theory Rejected By Illinois Federal Court
The U.S. District Court for the Northern District of Illinois will exclude the opinions of two proffered experts who were going to testify to the “Any Exposure” theory of asbestos exposure in a personal injury case. That theory posits that any exposure to asbestos fibers at all constitutes an underlying cause of injury to the individual exposed. In excluding the...
Mother’s Case Challenging Son’s Settlement Following Workplace Injury Not Barred By Res Judicata
Posted on Jan 3, 2015 in Energy/Environmental, Product Liability, Workplace Safety | Comments Off on Mother’s Case Challenging Son’s Settlement Following Workplace Injury Not Barred By Res Judicata
In a case evaluating whether a seaman’s second personal injury suit against a barge owner was precluded on the grounds of res judicata, the U.S. District Court for the Eastern District of Louisiana held that the suit was not precluded where the plaintiff in the second suit attacked the validity of the settlement in the first suit. The court explained that such attacks create an issue...
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