Supreme Court Declines To Review MSHA/OSHA Jurisdiction Dispute Over Coal Preparation Facility
Posted on Mar 24, 2015 in Construction, Litigation, OSHA | Comments Off on Supreme Court Declines To Review MSHA/OSHA Jurisdiction Dispute Over Coal Preparation Facility
The new owner of a Pennsylvania custom coal preparation facility that the Federal Mine Safety and Health Administration (MSHA) regulated since 1977 challenged whether MSHA properly had jurisdiction over the plant, and instead contended that it should be regulated by OSHA. The Federal Mine Safety and Health Review Commission concluded that MSHA jurisdiction was appropriate because the...
Federal Court Rejects “Stacking” Consecutive Insurance Policies But Applies Highest Coverage Limit
Posted on Feb 23, 2015 in Construction, Litigation | Comments Off on Federal Court Rejects “Stacking” Consecutive Insurance Policies But Applies Highest Coverage Limit
The Insured operated a New Mexico brine well facility involved in solution mining of salt from brine water from 1995 to 2008. In a state court lawsuit, a neighboring property owner sued the Insured for property damage caused by the mining operation (specifically, damages caused when the roof of the underground cavern caused by the mining operation collapsed). The underlying lawsuit...
OSHA Inspections Can Get Costly; Manufacturer Hit With $1.7 Million In Proposed Penalties
Posted on Feb 19, 2015 in Construction, OSHA | Comments Off on OSHA Inspections Can Get Costly; Manufacturer Hit With $1.7 Million In Proposed Penalties
While inspecting an injury at a furniture manufacturing plant in Wisconsin, OSHA expanded its inspection to the full facility and identified 12 alleged willful, 12 repeated, and 14 serious safety violations that carry a $1.76 million proposed penalty. OSHA also placed the company in the Severe Violator Enforcement Program. Specifically, OSHA cited the company for failing to take...
Federal Court Applies New Pennsylvania Test For Product Defects Retroactively
Posted on Feb 18, 2015 in Construction, Product Liability | Comments Off on Federal Court Applies New Pennsylvania Test For Product Defects Retroactively
Following injuries sustained while using a table saw, the product user (plaintiff) sued the manufacturer for design defect alleging that the removable blade guard design was defective without active mitigation flesh detection technology. The U.S. District Court for the Middle District of Pennsylvania ruled yesterday that the design defect claims could go to the jury. In November...
Know What It Takes For Contract Clauses To Be Conspicuous Where Required
Posted on Feb 17, 2015 in Construction, Litigation | Comments Off on Know What It Takes For Contract Clauses To Be Conspicuous Where Required
Company A’s predecessor entered into a contract with Company B’s predecessor to build a water pipeline and A promised B indemnity for claims resulting from A’s work. While building the water pipeline, Company A accidentally hit a methanol pipeline and caused a leak that was not discovered for more than 20 years when the owner of the methanol pipeline had to pay for...
Adjuster’s Only Duty To Insurer And Not To Insured Manufacturer Following Workplace Incident
Posted on Feb 12, 2015 in Construction, Litigation | Comments Off on Adjuster’s Only Duty To Insurer And Not To Insured Manufacturer Following Workplace Incident
An employee of a staffing agency was critically injured while working at an assembly plant when he was pulled into a laser cutting machine. The worker brought suit against the plant owner (the “Insured”). The Insured forwarded the complaint to its Insurer. The Insurer then assigned the task of handling the complaint to its Adjuster. The Adjuster notified the Insured...
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