Supreme Court of Virginia Reverses Verdict for Autopilot Manufacturer and Remands Case
Posted on Jun 6, 2014 in Construction, Investigations, Transportation | Comments Off on Supreme Court of Virginia Reverses Verdict for Autopilot Manufacturer and Remands Case
The Supreme Court of Virginia reversed a judgment in favor of an autopilot system manufacturer in a case involving consolidated wrongful death actions arising from a small airplane crash. In the court’s opinion that was released yesterday, the court concluded that an accident investigation report should not have been admitted into evidence pursuant to the learned treatise exception of...
Second Circuit Orders New Trial in Asbestos Removal Case
Posted on Jun 1, 2014 in Investigations, OSHA | Comments Off on Second Circuit Orders New Trial in Asbestos Removal Case
Asbestos removal can be a messy business. Federal statutes such as the Clean Air Act, Toxic Substances Control Act, and Occupational Safety and Health Act, as well as numerous state regulations, create a significant guidance regime that must be complied with to remove discovered asbestos. For example, OSHA regulations require employers to provide employees performing asbestos...
Fifth Circuit Affirms Dismissal of Product Liability Case Against Propane Heater Manufacturer
Posted on May 30, 2014 in Construction, Investigations, Litigation, Product Liability | Comments Off on Fifth Circuit Affirms Dismissal of Product Liability Case Against Propane Heater Manufacturer
The Fifth Circuit affirmed the dismissal of a Louisiana products liability case alleging that defects in a propane heater caused the death of the plaintiff’s husband. The plaintiff’s expert opined that a propane leak was the most probable cause of the damaging fire and explained that there were five potential areas for fault in the heater that could have caused such a leak. Despite...
Louisiana Court Affirms Judgments for Exposure to Chemicals Following 2006 Plant Explosion
Posted on May 27, 2014 in Construction, Energy/Environmental, Investigations, Product Liability | Comments Off on Louisiana Court Affirms Judgments for Exposure to Chemicals Following 2006 Plant Explosion
Following lower court judgments finding that plaintiffs were exposed to harmful chemicals from a 2006 chemical plant explosion, the plant owner defendant appealed arguing that while it may have caused the explosion, the plaintiffs failed to prove that the defendant actually caused them to be exposed to chemicals. Last week, the Louisiana Third Circuit Court of Appeals affirmed the...
Evidence of Failure To Comply With Safety Regulations Not Enough for Intentional Tort Claim in Ohio
Posted on May 27, 2014 in Construction, Investigations, Litigation | Comments Off on Evidence of Failure To Comply With Safety Regulations Not Enough for Intentional Tort Claim in Ohio
The U.S. District Court for the Southern District of Ohio dismissed an employer intentional tort claim, finding that the plaintiff failed to present evidence that the defendant was his employer or that the defendant acted with specific intent. The plaintiff, a subcontractor on a construction site who was injured in a fall, alleged that the general contractor was responsible for the...
Sunshine in Litigation Act Introduced in U.S. Senate Could Limit Companies’ Ability To Protect Confidential Information
Posted on May 23, 2014 in Construction, Energy/Environmental, Investigations, Process Safety, Product Liability, Transportation, Workplace Safety | Comments Off on Sunshine in Litigation Act Introduced in U.S. Senate Could Limit Companies’ Ability To Protect Confidential Information
In the wake of the recent automotive cases that have required federal courts to weigh the general public’s health and safety interest against corporate confidentiality when determining whether to seal court records, a bill has been proposed in the U.S. Senate that would prohibit a court from denying public access to information in cases in which the pleadings state facts relevant to...
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