Missouri Federal Court Finds Injury Claims Preempted By FDCA’s Medical Device Amendments
Posted on Aug 7, 2014 in Construction, Product Liability | Comments Off on Missouri Federal Court Finds Injury Claims Preempted By FDCA’s Medical Device Amendments
The defendant manufacturer of a medical device was sued after complications arose from a surgery in which the medical device had been used in an “off-label” manner. The plaintiff’s suit asserted claims for “(1) manufacturing defect, (2) design defect, (3) failure to warn, (4) negligence, (5) strict liability (excluding design defect), (6) breach of express warranty, (7) fraudulent...
Federal Court Rejects Argument That New York MTBE Case Created New Standard Of Causation
Posted on Aug 6, 2014 in Construction, Energy/Environmental | Comments Off on Federal Court Rejects Argument That New York MTBE Case Created New Standard Of Causation
The U.S. District Court for the Southern District of New York granted summary judgment to an American chemical company on claims by a group of Indian plaintiffs for property damage incurred by hazardous chemicals originating from a chemical manufacturing facility in Bhopal, India from 1969 to 1984. The American company was then the majority owner of the Indian company that owned the...
Sixth Circuit Finds ALJ Applied Incorrect Standard In Black Lung Case
Posted on Aug 5, 2014 in Construction | Comments Off on Sixth Circuit Finds ALJ Applied Incorrect Standard In Black Lung Case
The Sixth Circuit vacated an ALJ’s award of benefits and remanded a black lung case to the Benefits Review Board. The court held that substantial evidence supported the Benefits Review Board’s ALJ’s determination that a miner’s chronic obstructive pulmonary disease arose at least in part out of coal mining employment. However, the court found a remand necessary given that the ALJ...
No Duty To Warn Worker’s Wife Allegedly Exposed To Asbestos Under Oklahoma Products Liability Law
Posted on Aug 5, 2014 in Construction, Product Liability | Comments Off on No Duty To Warn Worker’s Wife Allegedly Exposed To Asbestos Under Oklahoma Products Liability Law
The estate for the wife of a factory worker brought suit contending that the clothing she laundered for her husband was contaminated with asbestos and caused her mesothelioma. The estate sued multiple parties including the company that manufactured the boilers allegedly present at one or more of the factories where the husband worked. The U.S. District Court for the Western District...
OSHA Issues Investigation Report From Collapse Of Nebraska Feed Manufacturer’s Facility
Posted on Jul 30, 2014 in Construction, OSHA | Comments Off on OSHA Issues Investigation Report From Collapse Of Nebraska Feed Manufacturer’s Facility
OSHA issued its findings from an investigation into a large storage building collapse owned by a Nebraska livestock microfeed manufacturer that caused two worker fatalities and nine other injuries in January. OSHA cited the facility owner with one willful, one repeat, and eleven additional safety violations for failing to protect workers from hazards associated with the structural...
Eighth Circuit Emphasizes 60-Day Period To Seek Judicial Review Of OSHA Citations Is Strict Deadline
Posted on Jul 29, 2014 in Construction, Litigation, OSHA | Comments Off on Eighth Circuit Emphasizes 60-Day Period To Seek Judicial Review Of OSHA Citations Is Strict Deadline
The Occupational Safety and Health Act permits an employer to challenge a citation issued by the Secretary of Labor before the Occupational Safety and Health Review Commission. When this is done, the Review Commission appoints an ALJ to hear the grievance and issue a decision. That ALJ decision becomes the final order of the Review Commission absent further discretionary action by...
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