Coal Company’s Discharges Unlawful According To W.Va. Federal Court
Posted on Feb 5, 2015 in Construction, Energy/Environmental | Comments Off on Coal Company’s Discharges Unlawful According To W.Va. Federal Court
After a four-day bench trial, the U.S. District Court for the Southern District of West Virginia concluded that a coal company had committed at least one violation of its permits by discharging high levels of ionic pollution (as measured by conductivity) into an area stream and the discharges caused or materially contributed to a significant adverse impact to the chemical and...
Safety Guard Designed To Be Periodically Removable Creates Question Of Fact On Design Defect Claims
Posted on Feb 3, 2015 in Construction, Litigation, Product Liability | Comments Off on Safety Guard Designed To Be Periodically Removable Creates Question Of Fact On Design Defect Claims
The workers’ compensation insurer of an injured worker’s employer brought product liability and negligence claims to recoup insurance payments made to the worker who sustained significant injuries when being cut by a large table saw. The saw had been sold with a plastic blade guard but the guard was not in place at the time of the incident. Last week, the U.S. District...
State’s Workers’ Compensation Law Contains Conflicting Provisions For Protecting Subcontractors
Posted on Jan 24, 2015 in Construction, Litigation | Comments Off on State’s Workers’ Compensation Law Contains Conflicting Provisions For Protecting Subcontractors
The Court of Appeals of Texas recently considered whether the Texas Workers’ Compensation Act (TWCA) bars suit against an independent subcontractor whose employees were covered by the general contractor’s workers’ compensation insurance policy. The court, after determining that two provisions of the TWCA are in conflict, failed to answer the question and instead...
Ordinance or Law Coverage Endorsement Found Not Applicable Following Ammonia Leak In Piping System
Posted on Jan 21, 2015 in Construction, Litigation | Comments Off on Ordinance or Law Coverage Endorsement Found Not Applicable Following Ammonia Leak In Piping System
An ammonia leak occurred following an incident at a California ice plant when a heavy basket containing water fell that led to a rupture in the plant’s piping. The owner of the plant made an insurance claim on its general commercial liability insurance policy and the insurer and the owner disputed the amount of available coverage. Specifically, the insurer contended that the...
Time To Review Any Independent Contractor Relationships In New Jersey
Posted on Jan 16, 2015 in Construction, Litigation | Comments Off on Time To Review Any Independent Contractor Relationships In New Jersey
On Wednesday, the Supreme Court of New Jersey articulated the test to be used in determining whether a worker is an independent contractor or employee for purposes of the state’s Wage Payment Law and Wage and Hour Law. Any company that contracts with independent contractors in New Jersey should take note of the decision, which found that the test for resolving wage payment and wage and...
Proximity Detection Systems Now Required For Continuous Mining Machines
Posted on Jan 15, 2015 in Construction | Comments Off on Proximity Detection Systems Now Required For Continuous Mining Machines
Earlier today, the Mine Safety and Health Administration (MSHA) published a final rule that is effective March 16 requiring underground coal mine operators to equip continuous mining machines (except full-face machines) with proximity detection systems. Any new machines manufactured after the effective date must be compliant with the rule’s requirements by November 16. Some...
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