Non-Stormwater Discharges Of Coal Into Alaska Bay Not Shielded From Clean Water Act Liability
Posted on Sep 6, 2014 in Construction, Energy/Environmental, Transportation | Comments Off on Non-Stormwater Discharges Of Coal Into Alaska Bay Not Shielded From Clean Water Act Liability
The Ninth Circuit held that a Multi-Sector General Permit for Stormwater Discharges Associated with Industrial Activity (a general permit issued under EPA’s National Pollutant Discharge Elimination System (“NPDES”)) does not shield non-stormwater discharges of coal from Clean Water Act liability. The court reversed the U.S. District Court for the District of Alaska’s decision finding...
Fire Hose Manufacturer Obtains Summary Judgment On Design Defect Claims Following Fatality
Posted on Sep 5, 2014 in Construction, Investigations, Product Liability | Comments Off on Fire Hose Manufacturer Obtains Summary Judgment On Design Defect Claims Following Fatality
The U.S. District Court for the District of Massachusetts granted summary judgment to the manufacturer of a fire truck on claims that the truck was defective because it was not equipped with a net restraint that could have prevented the escape of a hose from the bed of the truck. The hose had come loose while the truck was moving and the hose’s nozzle struck and killed a pedestrian...
Brand-Name Drug Manufacturer Liable For Personal Injuries Caused By Generic Drugs Manufactured By Different Company In Alabama
Posted on Aug 25, 2014 in Construction, Product Liability | Comments Off on Brand-Name Drug Manufacturer Liable For Personal Injuries Caused By Generic Drugs Manufactured By Different Company In Alabama
The Supreme Court of Alabama held last week that under Alabama law, a brand-name drug company can be held liable for fraud or misrepresentation based on statements made in connection with the manufacture of a brand-name prescription drug by a plaintiff claiming physical injury cause by a generic drug manufactured by a different company. In an opinion that most would consider an...
Eleventh Circuit Holds Civil Penalties Can Be Issued Against Agents Of LLCs Under The Mine Act
Posted on Aug 22, 2014 in Construction | Comments Off on Eleventh Circuit Holds Civil Penalties Can Be Issued Against Agents Of LLCs Under The Mine Act
The Mine Safety and Health Administration issued citations to an Alabama underground coal mine owned by an LLC for failing to abide by the requirement that a certified person walk through the mine’s ventilation system every seven days and take measurements at specific locations to ensure that the system is working properly. See 30 C.F.R. § 75.364(a)(2)(iii). Several months later,...
Sixth Circuit Without Jurisdiction To Hear Challenge To MSHA Rules On Pattern Of Violations Regulations
Posted on Aug 21, 2014 in Construction, Litigation | Comments Off on Sixth Circuit Without Jurisdiction To Hear Challenge To MSHA Rules On Pattern Of Violations Regulations
The Mine Safety and Health Administration and the Secretary for the U.S. Department of Labor issued a final rule in January 2013 comprising a new pattern of violation regulation. Under the Mine Act, the Secretary can “make such rules as he deems necessary to establish criteria for determining when a pattern of violations of mandatory health or safety standards exist.” After the...
Fifth Circuit Affirms Product Liability Verdict Against Elevator Manufacturer
Posted on Aug 21, 2014 in Construction, Product Liability | Comments Off on Fifth Circuit Affirms Product Liability Verdict Against Elevator Manufacturer
Applying the Mississippi Products Liability Act, the Fifth Circuit affirmed a verdict in favor of plaintiffs against the manufacturer and installer of a residential cargo elevator on defective design and failure to warn claims. Following a three-day bench trial, the district court found that the output shaft of the elevator’s gear sheared from metal fatigue caused by the misalignment...
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>>