New Jersey Law Applies In Alleged Tire Defect Case Even Though Incident Occurred In Illinois
Posted on Nov 22, 2014 in Investigations, Litigation, Product Liability, Transportation | Comments Off on New Jersey Law Applies In Alleged Tire Defect Case Even Though Incident Occurred In Illinois
In a case in which the plaintiff alleged that the manufacturer of a tire was negligent in the design and manufacture of a tire that blew out on an Illinois highway, the U.S. District Court for the District of New Jersey determined that New Jersey law, and not Illinois law, applies. Under Illinois law, the plaintiff’s non-use of a seat belt would be excluded, but under New Jersey...
Boot Manufacturer’s Third-Party Complaint Against Deceased Worker’s Employer Dismissed By Kentucky Court
Posted on Nov 20, 2014 in Construction, Litigation, Product Liability | Comments Off on Boot Manufacturer’s Third-Party Complaint Against Deceased Worker’s Employer Dismissed By Kentucky Court
Following a worker fatality caused by electrical shock at a Kentucky food packing plant, the worker’s estate brought suit against the manufacturer of the “EH” certified boots he was wearing, which allegedly had been warranted to provide protection against inadvertent electrical contact up to 14,000 volts (the worker was exposed to 480 volts at the time of his death)....
Deliberate Intent Suit Involving Injuries From Propane Heater Dismissed In Washington
Posted on Nov 17, 2014 in Litigation | Comments Off on Deliberate Intent Suit Involving Injuries From Propane Heater Dismissed In Washington
The U.S. District Court for the Eastern District of Washington recently dismissed an intentional exposure to danger claim brought by a worker against his employer for failure to demonstrate that the employer had actual knowledge that the worker was certain to be injured on the job. The worker, an employee of a frozen food distributor, was injured during the course of his employment...
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...
First Circuit Tosses Lightning-Related CSST Defect Claims For Lack Of Standing
Posted on Nov 9, 2014 in Construction, Litigation, Product Liability | Comments Off on First Circuit Tosses Lightning-Related CSST Defect Claims For Lack Of Standing
In a products liability case concerning standing based on a theory of enhanced risk of future injury, the First Circuit affirmed a district court’s dismissal of a plaintiff’s purported class action claiming that the corrugated stainless steel tubing installed to provide gas to his outdoor firepit was susceptible to causing fires if struck by lightning. Despite being a...
Missouri Federal Court Finds Excess Workers’ Comp Insurer May Have Fiduciary Duty To Insured
Posted on Nov 8, 2014 in Litigation | Comments Off on Missouri Federal Court Finds Excess Workers’ Comp Insurer May Have Fiduciary Duty To Insured
After a company settled a workers’ compensation claim for more than $300,000, the company made a claim on its workers’ compensation excess insurer for the amount above $300,000, which the excess insurer had agreed to indemnify the company for according to the terms of the policy. The excess insurer refused payment and the insured brought claims against the insurer under...
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