Louisiana Law Applies In Product Liability Suit Stemming From Natural Gas Well Blowout
Posted on Nov 12, 2014 in Energy/Environmental, Litigation, Product Liability | Comments Off on Louisiana Law Applies In Product Liability Suit Stemming From Natural Gas Well Blowout
Following a 2009 natural gas well blowout in Louisiana, the well operator brought suit against the manufacturer and supplier of lock screw assemblies alleging that the products were defective and that this defect caused the blowout. The parties asked the court to determine whether Louisiana or Texas law applied. The parties agreed that Louisiana choice of law rules should apply, but...
Ebola Concerns Make Reviewing OSHA Bloodborne Pathogens Standard Worthwhile
Posted on Nov 10, 2014 in Energy/Environmental, OSHA | Comments Off on Ebola Concerns Make Reviewing OSHA Bloodborne Pathogens Standard Worthwhile
All employers should take proactive steps to ensure compliance with OSHA’s Bloodborne Pathogens standard (29 C.F.R. 1910.1030) given it covers exposure to the Ebola virus. The Ebola virus is among the subset of diseases to which this standard applies, as it is transmitted by blood or other potentially infectious materials. In most states that have state-regulated OSHA plans, a...
Offshore Welder’s Estate’s Tort Claims Can Proceed To Trial
Posted on Oct 28, 2014 in Energy/Environmental, OSHA, Workplace Safety | Comments Off on Offshore Welder’s Estate’s Tort Claims Can Proceed To Trial
In November 2012, a welder was injured in an explosion on an offshore platform in the Gulf of Mexico and later died from his injuries. In August 2014, one of the offshore contractor defendants moved for summary judgment, contending that at all material times, the welder was its borrowed employee under the nine-factor test set forth by the Fifth Circuit in Ruiz v. Shell Oil Co., and...
Louisiana Federal Court Importantly Rejects Notion Of Co-Invitors In Offshore Operation
Posted on Oct 25, 2014 in Energy/Environmental, Litigation, OSHA, Workplace Safety | Comments Off on Louisiana Federal Court Importantly Rejects Notion Of Co-Invitors In Offshore Operation
The owner of an offshore dive support vessel (the “Contractor”) and the operator of a pipeline recommissioning project (the “Operator”) disputed responsibility for injuries incurred by a worker employed by a services contractor hired to handle Hydrogen Sulfide issues. The Contractor and Operator had a Master Services Contract containing reciprocal defense and indemnity provisions. ...
OSHA Focused On Enhancing Hazardous Chemical Exposure Protections
Posted on Oct 21, 2014 in Energy/Environmental, OSHA | Comments Off on OSHA Focused On Enhancing Hazardous Chemical Exposure Protections
OSHA recently announced that it will step up efforts to prevent work-related illness caused by exposure to hazardous substances. Ninety-five percent of OSHA’s current Permissible Exposure Limits (“PELs”) have not been updated since their adoption in 1971. In addition, they cover fewer than 500 chemicals, which is a small fraction of the tens of thousands of...
Michigan Federal Court Grants Summary Judgment To Company That Inspected Pipeline Before Rupture
Posted on Oct 14, 2014 in Energy/Environmental, Process Safety | Comments Off on Michigan Federal Court Grants Summary Judgment To Company That Inspected Pipeline Before Rupture
The U.S. District Court for the Western District of Michigan granted summary judgment to the company that conducted inspections of an oil pipeline in 2005 that later ruptured in 2010 on claims brought by a property owner. Specifically, the property owner alleged that the inspecting company was negligent in performing its 2005 inspection because the report it provided to the pipeline...
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>>