Ohio Federal Court Grants Summary Judgment to Tractor Manufacturer on Insurer’s Case Alleging Design Defects
Posted on Jun 9, 2014 in Construction, Investigations, Litigation, Product Liability, Transportation | Comments Off on Ohio Federal Court Grants Summary Judgment to Tractor Manufacturer on Insurer’s Case Alleging Design Defects
Following a fire that entirely destroyed a commercial farming tractor, an insurer paid the tractor’s owner a significant sum under a casualty/property policy, and then brought suit against the tractor manufacturer and the manufacturer of the tractor’s turbocharger alleging defective design claims. One day before the incident, however, a worker for the insured noticed steam and water...
Alabama Federal Court Has Personal Jurisdiction Over Canadian Car Manufacturer That Produced Cars Specifically for Distribution in U.S.
Posted on Jun 9, 2014 in Litigation, Product Liability, Transportation | Comments Off on Alabama Federal Court Has Personal Jurisdiction Over Canadian Car Manufacturer That Produced Cars Specifically for Distribution in U.S.
The U.S. District Court for the Northern District of Alabama denied a Canadian car manufacturer’s motion to dismiss for lack of personal jurisdiction in a case brought by the estate of a woman killed in a car crash alleging liability under the Alabama Extended Manufacturer’s Liability Doctrine, negligence, and breach of warranties. The defendant is headquartered in Canada and has no...
Indiana Court Kicks Products Liability Case Against Prosthetic Hip Manufacturer to Virginia or Mississippi
Posted on Jun 4, 2014 in Construction, Litigation, Product Liability | Comments Off on Indiana Court Kicks Products Liability Case Against Prosthetic Hip Manufacturer to Virginia or Mississippi
In a products liability action over recalled prosthetic hip implants, nineteen plaintiffs from Virginia and Mississippi filed claims in Indiana state court. The defendant manufacturer argued that the forum was inappropriate because the medical procedures to install the prosthetics were all conducted in Virginia or Mississippi, all Plaintiffs resided in Virginia or Mississippi, and the...
Minnesota Federal Court Dismisses Challenge to Railroad Tariff Without Prejudice Under Doctrine of Primary Jurisdiction
Posted on Jun 3, 2014 in Energy/Environmental, Litigation, Transportation | Comments Off on Minnesota Federal Court Dismisses Challenge to Railroad Tariff Without Prejudice Under Doctrine of Primary Jurisdiction
On May 27, 2014, the U.S. District Court for the District of Minnesota dismissed a case brought by manufacturers of toxic inhalation hazard (“TIH”) commodities and their trade associations that challenged a railroad’s amended tariff under the Hazardous Materials Transportation Act and 49 U.S.C. § 11101, which codifies the common-carrier obligations of railroads. The tariff at issue...
Pennsylvania To Determine If Workers’ Compensation Insurer Can Sue Alleged Tortfeasor Even If Injured Worker Does Not Sue In His Own Right
Posted on Jun 2, 2014 in Litigation | Comments Off on Pennsylvania To Determine If Workers’ Compensation Insurer Can Sue Alleged Tortfeasor Even If Injured Worker Does Not Sue In His Own Right
The Pennsylvania Supreme Court decided last week that it would resolve the question of whether the state’s Workers’ Compensation Act allows an employer/insurer to step into the insured employee’s shoes to subrogate against a tortfeasor. In the case, a workers’ compensation insurer paid out $33,929 in workers’ compensation benefits to an employee of an insured employer following the...
Texas Federal Court Finds Insurers Have No Duty To Defend Underlying Worker Death Case But May Have Duty To Indemnify
Posted on Jun 2, 2014 in Litigation | Comments Off on Texas Federal Court Finds Insurers Have No Duty To Defend Underlying Worker Death Case But May Have Duty To Indemnify
Two insurers filed a declaratory judgment in Texas federal court to determine whether they had a duty to defend and indemnify certain parties in an underlying Texas state court action in which a deceased worker’s family alleged that the parties were responsible for the worker’s death. The worker was involved in the installation of a city’s sewer lines when he allegedly was instructed...
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