ALJ Finds Federal Mine Safety And Health Commission Has Authority To Review Validity of Safeguards Even Where No Citation Has Been Issued
Posted on Mar 4, 2014 in Construction, Litigation | Comments Off on ALJ Finds Federal Mine Safety And Health Commission Has Authority To Review Validity of Safeguards Even Where No Citation Has Been Issued
An ALJ for the Federal Mine Safety and Health Review Commission held that the Commission has the authority to review MSHA safeguards prior to the issuance of citations or orders. The ALJ, ruling on a motion to dismiss a coal company’s notice of contest to a MSHA safeguard, found that the Mine Act granted the Commission implied authority to determine the validity of a safeguard even if...
California Appellate Court Says Disabled Pipefitter Has Disability Discrimination Claim Against Turnaround Service Provider
Posted on Mar 3, 2014 in Litigation | Comments Off on California Appellate Court Says Disabled Pipefitter Has Disability Discrimination Claim Against Turnaround Service Provider
In a case brought by a worker under the California Fair Employment and Housing Act, a California appellate court reversed a trial court’s grant of summary judgment to a multi-industry turnaround service provider. The worker, whose disability required him to wear a leg brace, was assigned to work as a pipefitter. As a pipefitter, the worker typically performed scaffolding work, but...
ELEVENTH CIRCUIT HOLDS INSURANCE COMPANY NOT LIABLE FOR NEGLIGENT INSPECTION WHERE INSPECTION WAS FOR UNDERWRITING – NOT SAFETY
Posted on Feb 28, 2014 in Litigation | 0 comments
In February 2008, a large explosion at a Georgia sugar refinery silo killed one employee and injured another. In the years and months leading up to the explosion, an insurance underwriter performed inspections of the refinery to perform property risk assessments for underwriting purposes. The deceased worker’s family and the injured worker argued that the insurer’s negligence in...
Delaware Supreme Court Dismisses Asbestos Exposure Case by Argentine National on Forum Non Conveniens Grounds
The Delaware Supreme Court concluded the trial court properly exercised discretion in dismissing a case brought by an Argentine national against a Delaware-based chemical manufacturer for alleged asbestos exposure in an Argentinian textile plant on the basis of forum non conveniens. The court indicated that where the plaintiff is a citizen of a foreign state in which the injury...Louisiana Appellate Court Affirms $4 Million-Plus Jury Verdict Against Energy Company Arising from Workplace Incident Following Hurricane Gustav
In the 2008 clean-up efforts from Hurricane Gustav in Louisiana, an electrical worker from an Oklahoma company that volunteered to help, suffered significant injuries while attempting to repair the damaged portion of a downed power line. The local company supervising the operation appealed a multimillion dollar jury verdict in favor of the worker on multiple grounds. The Fourth...Umbrella Coverage Is Available to Oklahoma Land Drilling Company for Lawsuits over Worker Deaths
In November 2009, two employees of a domestic land drilling contractor died while conducting modifications to an oil/gas well drilling rig involving a crane. In response to lawsuits brought by the families of the deceased workers, the drilling company made requests to the insurer of its workers’ compensation policy and to the insurer of an umbrella liability policy to defend or...FEATURED
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