Expect Heightened Scrutiny Of Worker Relationships For Possible “Joint Employment”
Posted on Jan 21, 2016 in Litigation, Workplace Safety | Comments Off on Expect Heightened Scrutiny Of Worker Relationships For Possible “Joint Employment”
The scenarios in which a worker, even though not technically a company employee, is found to be a company employee under a theory of “joint employment” for purposes of various laws continues to increase. Yesterday, the U.S. Department of Labor’s Wage and Hour Division issued an Administrator’s Interpretation establishing new standards for determining joint...
Primary Insurer Wins Reinsurance Dispute Over Large Asbestos Settlement
Posted on Jan 21, 2016 in Construction, Litigation, Product Liability | Comments Off on Primary Insurer Wins Reinsurance Dispute Over Large Asbestos Settlement
Yesterday, the U.S. District Court for the Northern District of New York granted summary judgment to the primary insurer of a pump manufacturer in a dispute with the primary insurer’s reinsurer. Beginning in 1997, more than 140,000 claims were filed against the pump manufacturer alleging asbestos-related bodily injuries. In two separate cases, one in California and one in New...
Fifth Circuit Finds Two “Occurrences” In Rejecting Rig Owner’s Insurance Claim
Posted on Jan 21, 2016 in Energy/Environmental, Litigation, OSHA, Workplace Safety | Comments Off on Fifth Circuit Finds Two “Occurrences” In Rejecting Rig Owner’s Insurance Claim
On Tuesday, the Fifth Circuit affirmed a judgment for the insurers of a drilling rig that rejected a claim from the rig owner for approximately $17 million in losses. Following a storm in February 2010, a jack-up drilling rig encountered severe weather and the rough seas caused the rig’s legs to become misaligned, which added to the rig’s difficulties caused by twenty...
Wrongful Death Case In Concrete Crushing Machine Incident Remanded To Louisiana Court
Posted on Jan 20, 2016 in Construction, Litigation, OSHA | Comments Off on Wrongful Death Case In Concrete Crushing Machine Incident Remanded To Louisiana Court
Following the death of a Louisiana worker pulled into a concrete crushing machine, the worker’s mother brought suit against a number of entities in state court, some of which were Louisiana companies and some of which were out-of-state entities. The out-of-state entities, including the manufacturer of the machine, removed the case to federal court on the grounds that the...
2015 Year in Review
Posted on Jan 7, 2016 in Construction, Energy/Environmental, Investigations, Litigation, OSHA, Process Safety, Product Liability, Workplace Safety | Comments Off on 2015 Year in Review
Earlier today, we released the 2015 Year in Review, which assembles the 20 posts from last year that received the most reader interest.
Scrutinize Any Agreements Involving Temporary Workers In Case Of Workplace Incident
Posted on Jan 6, 2016 in Construction, Energy/Environmental, Litigation | Comments Off on Scrutinize Any Agreements Involving Temporary Workers In Case Of Workplace Incident
In any agreements covering temporary workers, make sure to carefully review the provisions that a reviewing court likely would examine should an injury to one of the workers occur while performing the contracted-for services for purposes of assessing litigation risk. Specifically, pay close attention to any provisions purporting to classify which entity (or entities) is the...
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