Settling Before Trial Costs Shipbuilder In Insurance Coverage Dispute In Eleventh Circuit
Posted on Jan 11, 2015 in Construction, Litigation | Comments Off on Settling Before Trial Costs Shipbuilder In Insurance Coverage Dispute In Eleventh Circuit
In 2002, the crew of a passenger vessel was preparing for an extended lay-up period when the Captain cut the ship’s power to disconnect from its battery terminals and became trapped in the forward bulkhead door in a position that prevented rescuers from accessing the door’s emergency release mechanism. The Captain died in the incident and his estate brought a wrongful...
New Jersey Federal Court Dismisses Worker’s Suit Against Employer For Chemical-Related Injuries
Posted on Dec 19, 2014 in Construction, Litigation | Comments Off on New Jersey Federal Court Dismisses Worker’s Suit Against Employer For Chemical-Related Injuries
Following chemical and thermal burns from exposure to hazardous chemicals when a tank trailer released the chemical due to “faulty valves,” a worker brought suit against his employer and multiple fellow employees under an intentional wrong theory. This week, the U.S. District Court for the District of New Jersey dismissed the case for failure to state claims upon which...
Expert Opinion Properly Discounted When In Conflict With Federal Regulation In Mining Case
Posted on Dec 15, 2014 in Construction, Investigations | Comments Off on Expert Opinion Properly Discounted When In Conflict With Federal Regulation In Mining Case
The Sixth Circuit denied a mining company’s petition for review in a black lung benefits case, holding that the ALJ had properly discounted the company’s expert’s opinion where it conflicted with relevant federal law. The court also found that the ALJ properly weighed pulmonary function tests. The mining company had challenged the ALJ’s underlying decision on both grounds. In the...
Arkansas High Court Says Workers’ Comp Commission Must Decide Issues of Employer Status
Posted on Dec 12, 2014 in Construction, Litigation | Comments Off on Arkansas High Court Says Workers’ Comp Commission Must Decide Issues of Employer Status
Company A owns and operates a nuclear power plant, and hires Company B to provide civil engineers to lift and remove a generator from a turbine building and then to replace it with a newly refurbished generator. During the work, an employee of Company B dies as a result of injuries from a steel beam falling on him. His estate sued Company A in Arkansas state court. Company A filed a...
Verdict For Automotive Manufacturer Reversed Where Trial Judge Erred In Admitting Entire NHTSA Report
Posted on Dec 11, 2014 in Construction, Investigations, Product Liability, Transportation | Comments Off on Verdict For Automotive Manufacturer Reversed Where Trial Judge Erred In Admitting Entire NHTSA Report
On Wednesday, the Court of Appeals of Missouri reversed a jury verdict in favor of an automotive manufacturer and remanded the case for a new trial. In 2003, a Missouri state trooper was killed and a passenger in his car was severely injured when a truck driver veered onto the shoulder of the interstate and collided with the patrol car. The fire began in the left rear fender, at the...
Removed Rail On Protective Cage Surrounding Gantry Leads To Trial Following Asphalt Plant Worker’s Injury
Posted on Dec 3, 2014 in Construction, Investigations | Comments Off on Removed Rail On Protective Cage Surrounding Gantry Leads To Trial Following Asphalt Plant Worker’s Injury
While attempting to fill a tanker truck with asphalt at a West Virginia asphalt plant, a worker fell and incurred serious injuries. The worker sued the plant owner for negligence including in part because one of the bars on the protective cage surrounding the gantry used to fill the tanker had been removed after it had been installed. The U.S. District Court for the Northern District...
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