Tenth Circuit Affirms Indemnification Award Involving Incident At Wyoming Well
Posted on Sep 29, 2014 in Energy/Environmental, Litigation | Comments Off on Tenth Circuit Affirms Indemnification Award Involving Incident At Wyoming Well
In 2001, an owner and operator of oil and gas wells entered into a master services agreement with a contractor for work on a Wyoming well. The agreement contained an indemnity provision whereby the contractor agreed to indemnify the owner “from and against all claims, damages, losses …” resulting from either the contractor’s or the owner’s negligence. Under the contractor’s...
Worker’s Retaliation Claims Dismissed Where Employer Implemented And Uniformly Applied Injury-Reporting Disciplinary Policy
Posted on Sep 27, 2014 in Litigation | Comments Off on Worker’s Retaliation Claims Dismissed Where Employer Implemented And Uniformly Applied Injury-Reporting Disciplinary Policy
A waste-removal driver claimed he injured his back while loading two tree stumps into a truck in 2012. He did not, however, inform his employer of the claim until seven months later after his employer learned of a filed workers’ compensation claim. At that time, the employer asked the worker to complete an incident report. The company handbook provided that employees must report all...
Personal Jurisdiction In USA Exists Over Offshore Company For Injury Off Russian Coast
Posted on Sep 26, 2014 in Energy/Environmental, Litigation, OSHA, Workplace Safety | Comments Off on Personal Jurisdiction In USA Exists Over Offshore Company For Injury Off Russian Coast
Following injuries sustained while working on a vessel off the coast of Russia, a U.S. worker brought suit against multiple entities involved in the operation claiming, among other things, that they provided faulty and unsafe equipment and that they failed to provide a safe workplace. The U.S. District Court for the Eastern District of Louisiana denied the parent company of the...
California Unfair Competition Law Cannot Create Additional Liability For Workplace Safety Issues
Following a catastrophic workplace incident at a plastics manufacturing plant that resulted in the death of two workers, the California Division of Occupational Safety and Health issued a number of citations to the plant owner for alleged safety violations. The local district attorney, however, in addition to filing criminal charges against the plant’s manager and maintenance...Deceased Fish Plant Worker’s Estate Limited To Workers’ Comp Recovery Despite Disturbing Claims
Posted on Sep 21, 2014 in Construction, Litigation | Comments Off on Deceased Fish Plant Worker’s Estate Limited To Workers’ Comp Recovery Despite Disturbing Claims
Although the facts alleged by the family of a worker killed in a Mississippi fish processing facility are disturbing, the U.S. District Court for the Southern District of Mississippi concluded that they do not give rise to justiciable tort claims beyond Mississippi’s workers’ compensation regime. The complaint alleged that following the worker’s conversations with union...
West Virginia Federal Court Dismisses Mechanic’s Deliberate Intent Case Against Trucking Company
Posted on Sep 12, 2014 in Litigation, OSHA, Transportation | Comments Off on West Virginia Federal Court Dismisses Mechanic’s Deliberate Intent Case Against Trucking Company
Following a mechanic’s injuries sustained while mounting a tire on a single-piece rim wheel without the use of a cage or other restraining device, and contact by the trucking company of the worker via telephone, social media, and visiting him in the hospital with the alleged improper purpose of convincing him not to file any claims, the worker brought suit for deliberate intent,...
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