Federal Court Enjoins Manufacturing Plant From Retaliating Against OSHA Complainants
Posted on May 29, 2015 in Construction, Energy/Environmental, Litigation, OSHA | Comments Off on Federal Court Enjoins Manufacturing Plant From Retaliating Against OSHA Complainants
An employee working on a production line of a plant that makes foam cushions used in car seats and head rests raised concerns about exposure to the chemical toluene diisocyanate (“TDI”). In May 2014, the employee was one of ten plant employees to provide management with a signed letter regarding TDI leaks at the plant and health concerns. The plant promptly hired an...
Pennsylvania High Court Considers Scope Of Employer’s Liability Exclusion In Umbrella Commercial Liability Policy
Posted on May 27, 2015 in Litigation | Comments Off on Pennsylvania High Court Considers Scope Of Employer’s Liability Exclusion In Umbrella Commercial Liability Policy
Following a workplace injury, a worker brought suit against the owner of the premises who leased the property to the worker’s employer. The employer maintained an umbrella commercial liability insurance policy containing an employer’s liability exclusion. The policy did not cover liabilities for injury to “An ’employee’ of the insured arising out of and...
Expert’s Opinion Calculating Benzene Exposure Tossed As Unreliable
Posted on May 19, 2015 in Energy/Environmental, Investigations | Comments Off on Expert’s Opinion Calculating Benzene Exposure Tossed As Unreliable
Last Thursday, the U.S. District Court for the Eastern District of Louisiana excluded the plaintiff’s proposed expert in an alleged benzene exposure case on the grounds that his methodologies used for calculating benzene exposure were unreliable. The plaintiff was the surviving spouse of an individual who had worked as a gas station attendant from 1958 to 1971 and had died from...
Class Certification Denied In Case Involving Alleged Exposure To Refinery Leaks
Posted on May 18, 2015 in Energy/Environmental, Product Liability | Comments Off on Class Certification Denied In Case Involving Alleged Exposure To Refinery Leaks
Last week, the U.S. District Court for the Middle District of Louisiana denied a motion for class certification for all individuals living within a certain geographic area of a Louisiana refinery from June 2012 to the present. The plaintiffs attempted to certify the class alleging that the refinery’s failure to meet regulatory standards resulted in more than 145 leaks and...
Coverage For Worker’s Assault On Coworker Excluded From Commercial Liability Policy Given Facts
Posted on May 16, 2015 in Litigation | Comments Off on Coverage For Worker’s Assault On Coworker Excluded From Commercial Liability Policy Given Facts
Yesterday, the Supreme Court of Alaska had to determine whether an incident in which a man who assisted on a concrete-pouring job was assaulted by another worker at the job site fell within a commercial general liability insurance policy’s employee-exclusion clause. The job site’s owner had purchased general commercial liability insurance but did not purchase...
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