Insurer Must Defend Asbestos Claims Against Dissolved Insured Corporation Under New Jersey Law
Posted on Apr 18, 2014 in Litigation, Product Liability | Comments Off on Insurer Must Defend Asbestos Claims Against Dissolved Insured Corporation Under New Jersey Law
An insurance company that accepted premiums from and agreed to defend and indemnify a New Jersey valve manufacturer for tortious conduct during designated coverage periods must defend suits brought by a group of plaintiffs for alleged asbestos exposure during those time periods, even though the insured had declared bankruptcy and dissolved at the time the suits were initiated. The...
Wisconsin Federal Court Grants Summary Judgment for Union on Worker’s Breach of Duty of Fair Representation Claim Following Violation of Workplace Safety Rule
Posted on Apr 18, 2014 in Litigation, Workplace Safety | Comments Off on Wisconsin Federal Court Grants Summary Judgment for Union on Worker’s Breach of Duty of Fair Representation Claim Following Violation of Workplace Safety Rule
While working in a plastics manufacturing plant, a worker violated a Task Safety Analysis rule requiring belly bands (or lifting straps) to be used when changing shafts as opposed to manually lifting them. The employer investigated the incident and terminated the worker because this was his second willful violation of a Task Safety Analysis rule at the plant and he had previously been...
New York Manufacturer Justified in Terminating Worker Despite Worker’s Filing of OSHA Complaint and Claim for Workers’ Compensation
Posted on Apr 17, 2014 in Litigation, OSHA | Comments Off on New York Manufacturer Justified in Terminating Worker Despite Worker’s Filing of OSHA Complaint and Claim for Workers’ Compensation
Working in a New York plant that repaired and manufactured turbine blades for gas turbine engines, a worker was diagnosed with chronic obstructive pulmonary disease and filed a claim for workers’ compensation. The worker also submitted a complaint to OSHA about the workplace conditions at the plant, including inadequate ventilation, lack of respiratory protection, and insufficient...
Missouri Lowers Standard for Employees To Prove Retaliatory Discharge for Exercising Workers’ Compensation Rights
Posted on Apr 16, 2014 in Litigation | Comments Off on Missouri Lowers Standard for Employees To Prove Retaliatory Discharge for Exercising Workers’ Compensation Rights
The Supreme Court of Missouri held that to make a case for retaliatory discharge for exercising workers’ compensation rights, a worker need only show that the filing of a workers’ compensation claim was a “contributing factor” to the employer’s decision. This case overrules a previous line of Missouri cases holding that to make a prima facie case for retaliatory discharge, an employee...
Natural Gas Well Owner/Operator Must Indemnify Drilling Services Contractor for Alleged Well Water Contamination Caused by Fracking Based on Contract
Posted on Apr 16, 2014 in Energy/Environmental, Litigation | Comments Off on Natural Gas Well Owner/Operator Must Indemnify Drilling Services Contractor for Alleged Well Water Contamination Caused by Fracking Based on Contract
An Ohio drilling services company provided services under a drilling contract to a Pennsylvania natural gas production company in areas of the Appalachian Basin. Following the drilling of a natural gas well in Jackson County, West Virginia, a local family sued the production company and the drilling services company alleging that the company discharged hydraulic fracturing...
Florida Supreme Court Hears Argument on Questions Certified by the Eleventh Circuit Regarding Whether Tort Judgment Is Enforceable Following Workers’ Comp Settlement
Posted on Apr 14, 2014 in Litigation | Comments Off on Florida Supreme Court Hears Argument on Questions Certified by the Eleventh Circuit Regarding Whether Tort Judgment Is Enforceable Following Workers’ Comp Settlement
In December 1997, a tree fell while being loaded into a flatbed truck and killed an employee of the landscaping company performing the work. The company had a dual insurance coverage policy that provided 1) coverage for workers’ compensation insurance (Part I of the policy) and 2) employer liability insurance designed to insure against any damages arising from employee injuries not...
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