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...
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...Expert Neurologist And Real Estate Broker’s Opinions Excluded In Manganese Contamination Case
Posted on Nov 10, 2015 in Construction, Energy/Environmental, Investigations | Comments Off on Expert Neurologist And Real Estate Broker’s Opinions Excluded In Manganese Contamination Case
In a case in which plaintiffs allege a steel mill’s slag processing operations have resulted in dangerous levels of manganese being released onto their property, the U.S. District Court for the Northern District of Ohio concluded yesterday that two of the plaintiffs’ proposed experts cannot testify. First, the plaintiffs’ expert neurologist intended to testify that...
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...
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...
Eighth Circuit Rejects OSHA Interpretation Of Barrier Guard Standard
Posted on Oct 14, 2015 in Construction, OSHA | Comments Off on Eighth Circuit Rejects OSHA Interpretation Of Barrier Guard Standard
The Secretary of Labor (through OSHA) determined that an industrial manufacturer of air circulating equipment violated 29 C.F.R. 1910.212(a)(1), which requires barrier guards on certain industrial equipment, and fined the company $490,000. An ALJ rejected the Secretary’s interpretation of the standard and vacated the fine, the Occupational Safety and Health Review Commission...
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>>