$2.5 Million Judgment Reversed In Pennsylvania Utility Pole Painter’s Case
Posted on Oct 30, 2015 in Litigation, Product Liability | Comments Off on $2.5 Million Judgment Reversed In Pennsylvania Utility Pole Painter’s Case
An intermediate appellate court in Pennsylvania reversed a $2.49 million judgment in favor of a worker for injuries sustained after falling 40 feet while working as an employee of an independent contractor for a utility. The lower court judgment was against the utility, which appealed on the grounds that the trial court erred by not granting its motion for judgment notwithstanding the...
Court Emphasizes OSHA Standards Have No Bearing In Consumer/Manufacturer Case
Posted on Oct 27, 2015 in Construction, OSHA, Product Liability | Comments Off on Court Emphasizes OSHA Standards Have No Bearing In Consumer/Manufacturer Case
Last week, the U.S. District Court for the Western District of Virginia granted summary judgment to the manufacturer of a zero-turn radius lawnmower in a case brought by the estate of an individual killed when operating the mower in a roll over incident. The estate claimed that the mower was defectively designed without rollover protection (which was an optional safety feature that...
Importance Of Conditions Precedent To Indemnification Demands Highlighted In Pipeline Case
Posted on Oct 23, 2015 in Energy/Environmental, Investigations, Litigation | Comments Off on Importance Of Conditions Precedent To Indemnification Demands Highlighted In Pipeline Case
In 1994, an oil and gas company (Company A) sold a pipeline to Company B, which has owned and operated it since. During the sale, the companies entered into a Purchase and Sale of Assets Agreement whereby the parties agreed that any contamination occurring before the agreement’s closing date would be Company A’s responsibility and any contamination after the closing date...
Insurance Policy’s Sublimit Applies Following Underground Storage Tank Leak
Posted on Oct 21, 2015 in Energy/Environmental, Litigation | Comments Off on Insurance Policy’s Sublimit Applies Following Underground Storage Tank Leak
Last week, the Second Circuit issued a summary order affirming a judgment of a district court involving the terms of a pollution and remediation liability policy. The policy denied coverage for loss “based upon or arising out of the existence of any underground storage tank(s) and associated piping” except for certain specified tanks and piping that was listed on an...
Pennsylvania Federal Court Sorts Through Claims Against Coke Plant, Dismisses Count For Punitive Damages
Posted on Oct 21, 2015 in Construction, Energy/Environmental, Product Liability | Comments Off on Pennsylvania Federal Court Sorts Through Claims Against Coke Plant, Dismisses Count For Punitive Damages
In a case involving a group of Pennsylvania plaintiffs that alleges injuries from “noxious odors and air particulates” allegedly emanating from a coke plant, the U.S. District Court for the Western District of Pennsylvania examined the plaintiffs’ claims in deciding a motion to dismiss last week. The court dismissed the plaintiffs’ public nuisance claim because...
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