American Tort Reform Foundation Releases 2014-2015 “Judicial Hellholes” Report
Posted on Dec 16, 2014 in Litigation, Product Liability | Comments Off on American Tort Reform Foundation Releases 2014-2015 “Judicial Hellholes” Report
This afternoon, the American Tort Reform Foundation published its annual listing of “Judicial Hellholes.” The Foundation describes these venues as “places where judges in civil cases systematically apply laws and court procedures in an unfair and unbalanced manner, generally to the disadvantage of defendants.” The organization’s 2014-2015 list includes...
Insurer Has To Defend Claims Involving Alleged Defective CNG Fuel Filtration Equipment
Posted on Dec 12, 2014 in Energy/Environmental, Litigation | Comments Off on Insurer Has To Defend Claims Involving Alleged Defective CNG Fuel Filtration Equipment
Company A, a gas company, purchases compressed natural gas (“CNG”) fuel filtration equipment from Company B in August 2011. According to Company A, the equipment failed to conform to its specifications and failed to remove the appropriate amount of oil from the CNG fuel. Subsequently, Company A’s customers reported oil contamination and resultant loss of the use of...
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...
Tenth Circuit Finds Indemnity Clause Unenforceable Under Fair Notice Rule In Pipeline Case
Posted on Dec 11, 2014 in Energy/Environmental, Litigation | Comments Off on Tenth Circuit Finds Indemnity Clause Unenforceable Under Fair Notice Rule In Pipeline Case
While building a water pipeline in the 1970s, a construction company engaged a contractor to perform some of the work. In a 190-page plus contract, the construction company promised to indemnify the contractor for claims resulting from the construction company’s work. During construction, the construction company accidentally hit a methanol pipeline and caused a leak, but the...
Some Evidence Of Knowledge Required To Survive Summary Judgment In Workers’ Comp Retaliation Claim (Ohio)
Posted on Dec 9, 2014 in Investigations, Litigation | Comments Off on Some Evidence Of Knowledge Required To Survive Summary Judgment In Workers’ Comp Retaliation Claim (Ohio)
The Court of Appeals of Ohio, Eighth Appellate District, upheld a trial court’s dismissal of a workers’ compensation retaliation claim, finding that the plaintiff failed to present any evidence to support an inference that he was discharged for filing a workers’ compensation case. The plaintiff, a maintenance technician, filed a workers’ compensation claim after being injured when he...
Preventive Maintenance Steps To Maximize Preparedness For Litigation And Crisis Management
Posted on Nov 30, 2014 in Construction, Energy/Environmental, Litigation, OSHA, Process Safety, Product Liability, Transportation, Workplace Safety | Comments Off on Preventive Maintenance Steps To Maximize Preparedness For Litigation And Crisis Management
As the year winds down, there is no better time to make sure that your company is as prepared as possible for future litigation and crisis management. Below is a quick checklist of 10 preventive maintenance steps you can take to maximize your preparedness. When conducting any of these steps, be cognizant of protecting privilege. Document the scope of reviews and clarify the purpose...
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