Illinois Court Finds Subcontractor’s Insurer Must Defend Contractor Following Workplace Incident
Posted on Sep 22, 2015 in Construction, Litigation, OSHA | Comments Off on Illinois Court Finds Subcontractor’s Insurer Must Defend Contractor Following Workplace Incident
An Illinois court yesterday confronted an insurer’s duty to defend an additional insured under the terms of a commercial general liability policy issued to a third party following a workplace incident. In 2012, a subcontractor’s employee fell off a roof, sustained serious injuries, and brought a personal injury action against the project’s general contractor. The...
Western Hat Manufacturer’s $18 Million Verdict Upheld After Plant Consumed By Utility’s Alleged Negligence
Posted on Sep 18, 2015 in Construction, Product Liability | Comments Off on Western Hat Manufacturer’s $18 Million Verdict Upheld After Plant Consumed By Utility’s Alleged Negligence
Following a catastrophic Texas grass fire that consumed a hat manufacturing plant and the nearly 500,000 western hats inside the plant, the owner of the plant (the Manufacturer) brought suit against the Utility that owned the utility pole where the fire originated. Specifically, the electrically-charged overhead service line became disconnected from one end of a connector, and the...
Expert Challenges Fail In Material Handling Cart Product Liability Case
Posted on Aug 27, 2015 in Construction, Investigations, Product Liability | Comments Off on Expert Challenges Fail In Material Handling Cart Product Liability Case
Following a worker’s injury alleged caused by a material handling cart used to bring stock to the customer floor in a national retailer’s store, the worker brought an action alleging that the manufacturer of the cart was strictly liable for the defective design of the cart. Yesterday, the U.S. District Court for the Central District of Illinois denied the...
Mining Executive’s Request For More Detailed Indictment Denied
Posted on Aug 12, 2015 in Construction, Investigations, Process Safety | Comments Off on Mining Executive’s Request For More Detailed Indictment Denied
On Monday, the U.S. District Court for the Southern District of West Virginia denied a renewed motion for a bill of particulars from the coal executive facing federal criminal conspiracy charges arising from a fatal 2010 mine explosion. The defense renewed the motion after additional charges were added to the indictment alleging that the executive engaged in a conspiracy to falsify...
New York City Targeting Safety Violations And Corruption In the Construction Industry
Posted on Aug 7, 2015 in Construction, Investigations, OSHA | Comments Off on New York City Targeting Safety Violations And Corruption In the Construction Industry
New York City is targeting corruption and fraud in the construction industry. On Wednesday, the Manhattan District Attorney’s Office, the New York City Department of Investigation (“DOI”), the Port Authority of New York and New Jersey Office of the Inspector General, the Metropolitan Transportation Authority Office of the Inspector General, and the Business Integrity...
Punitive Damage Claims Can Go Forward Against New York City Asbestos Defendants
Posted on Jul 11, 2015 in Construction, Product Liability | Comments Off on Punitive Damage Claims Can Go Forward Against New York City Asbestos Defendants
In the New York City Asbestos Litigation that has been pending for decades, an intermediate New York appellate court determined that the motion judge had the authority to amend the Case Management Order to allow for Plaintiffs to seek punitive damages upon application to their respective trial court, even though the defendants in the case had opposed the amendment. The previous Case...
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