District Judge Tosses Contribution/Indemnity Claim Where Not Supported With Specific Facts
Posted on Dec 23, 2015 in Construction, Litigation | Comments Off on District Judge Tosses Contribution/Indemnity Claim Where Not Supported With Specific Facts
In a subrogation action brought by an insurer following a boiler explosion in a medical facility, Defendant A cross-claimed against Defendant B alleging contribution or indemnity. The U.S. District Court for the Southern District of West Virginia granted Defendant B’s motion to dismiss the cross-claim based on Rule 12(b)(6) where the cross-claim merely stated that 1) Defendant B...
Preparing For Crisis Management
Posted on Dec 18, 2015 in Construction, Energy/Environmental, Process Safety, Transportation, Workplace Safety | Comments Off on Preparing For Crisis Management
Sutherland partners Matt Gatewood and Susan Lafferty recently presented a Legal Quick Hit to the ACC’s Energy Committee on the fundamentals of preparedness for crisis management following significant operational failures. The outline of that presentation is below: Identify the risk inherent in every operation Monitor the pulse of industry changes, including new hazards and...
Tenth Circuit Affirms That Primary Insurer’s Insolvency Did Not Trigger Excess Insurer’s Obligation
Posted on Dec 4, 2015 in Litigation, Product Liability | Comments Off on Tenth Circuit Affirms That Primary Insurer’s Insolvency Did Not Trigger Excess Insurer’s Obligation
An Oklahoma corporation distributed a drilling mud viscofier containing asbestos to the oilfield between 1966 and 1985. Thereafter, the corporation faced multiple personal injury suits based on asbestos exposure. Its primary insurer from 1975 to 1984, however, was declared insolvent by a New Hampshire court in 2003 before the insurer had paid out any claims for bodily injury on the...
OSHA Fine Increases Coming In 2016
Effective August 1, 2016, OSHA will increase fines. Following a one-time catch-up increase, the agency will then raise them on an annual basis to keep pace with the Consumer Price Index. The 2016 federal budget bill provided this directive. For more information about the likely impact, click here for an article by Kim Slowey on Construction Dive. In the article, Sutherland partner...
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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>>