Unprepared 30(b)(6) Witness For Mining Company Leads To New Deposition But Not Costs
Posted on May 14, 2015 in Construction, Investigations | Comments Off on Unprepared 30(b)(6) Witness For Mining Company Leads To New Deposition But Not Costs
In response to a Rule 30(b)(6) deposition notice, a mining company designated one witness to testify on 10 topics, including the training and instruction of the company’s employees, citations or violations issued to the company by MSHA, engineering studies for the particular mine in question, and the operation of the particular mine. After the deposition, the plaintiff brought a...
Florida Court Overturns Verdict Because Railroad Had No Duty To Provide AEDs Or Train In CPR
Posted on May 10, 2015 in Transportation | Comments Off on Florida Court Overturns Verdict Because Railroad Had No Duty To Provide AEDs Or Train In CPR
Last week, a Florida appellate court set aside a jury’s verdict finding in favor of the estate of a railroad worker who died after suffering cardiac arrest. The court determined that the estate failed to establish that the railroad had a duty to take preventative measures to guard against an employee suffering from cardiac arrest and failed to establish that the railroad’s...
Seventh Circuit Upholds Permit-Required Confined Space OSHA Violations
Posted on May 9, 2015 in Construction, OSHA | Comments Off on Seventh Circuit Upholds Permit-Required Confined Space OSHA Violations
At an Illinois manufacturing plant, a worker fell into a large bin used for storing sand and became trapped. At first buried up to his neck, some of his co-workers were able to remove the sand above his waist but not get him out of the pit or remove any additional sand. The plant manager arrived on the scene about 10-15 minutes later and determined that no emergency existed and left...
Split Eighth Circuit Finds Economic Loss Doctrine Precludes Tort Recovery For “Other Property” Damage
Posted on May 8, 2015 in Product Liability | Comments Off on Split Eighth Circuit Finds Economic Loss Doctrine Precludes Tort Recovery For “Other Property” Damage
The Eighth Circuit weighed in yesterday on whether redress was available in tort where there was injury not only to a defective product but also to other property in a state that applied the economic loss doctrine. The underlying incident involved a fire in a North Dakota arena caused by an allegedly defective amplifier, which caused considerable property damage to the arena and to...
Federal Agency Fails To Prove Adequacy Of FOIA Search
Posted on May 7, 2015 in Investigations, Transportation | Comments Off on Federal Agency Fails To Prove Adequacy Of FOIA Search
Following an altercation at a Philadelphia airport in 2006, Plaintiff filed a FOIA request with the U.S. Transportation Security Administration (TSA) seeking “copies of all records, reports, follow-up reports, and similar material from any TSA office containing her name initiated by any and all TSA officers, officials, investigators, and personnel.” The TSA identified 375...
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>>