Supreme Court Asked To Clear Up Maritime Contracting Circuit Split
Posted on Aug 4, 2015 in Litigation, OSHA, Transportation | Comments Off on Supreme Court Asked To Clear Up Maritime Contracting Circuit Split
An ocean carrier and its on-land rail subcontractor have asked the U.S. Supreme Court to resolve the uncertainty in maritime contracting created by an apparent conflict between the Seventh Circuit and a recent Second Circuit decision that arise from the interpretation of the U.S. Supreme Court’s case of Kawasaki Kisen Kaisha, Ltd. v. Regal-Beloit, 561 U.S. 89 (2010), a case that...
Texas Appellate Court Declines Invitation To Expand Employer’s Duty To Provide Medical Care To Employees
Posted on Jul 10, 2015 in Litigation | Comments Off on Texas Appellate Court Declines Invitation To Expand Employer’s Duty To Provide Medical Care To Employees
A Texas worker began having symptoms of a stroke over several hours of his shift and eventually called 911. He later sued his employer arguing that the employer breached a duty of ordinary care owed the worker by failing to provide him medical attention. After the trial court granted summary judgment to the employer, the worker appealed and argued that although as a general rule an...
Insurance Coverage Dispute Arising From $22 Million Verdict To Injured Worker Continues In Illinois
Posted on Jul 2, 2015 in Litigation, Product Liability | Comments Off on Insurance Coverage Dispute Arising From $22 Million Verdict To Injured Worker Continues In Illinois
In March 2014, an Illinois state court jury found in favor of an injured worker and returned a judgment of approximately $22 million against Company A, which was hired for work on a trade show. Company A had filed a third-party complaint against Company B, the worker’s employer for contribution and the jury determined that Company B had to contribute 75% of the judgment....
Insurer Has Duty To Defend Even Though Insured Did Not Immediately Notify Insurer Of Underlying Lawsuit
Posted on Jun 30, 2015 in Energy/Environmental, Litigation, Workplace Safety | Comments Off on Insurer Has Duty To Defend Even Though Insured Did Not Immediately Notify Insurer Of Underlying Lawsuit
The United States sued Company A for discharging pollutants from an offshore platform in the Gulf of Mexico in February 2013 after giving notice to Company A of the alleged violations in March 2012. Company A failed to give notice to its insurer of the potential violations until September 2013 despite an insurance policy that required “immediate notice” of any occurrence that gave...
Insurance Company’s Privilege Claims Fall Victim To Crime-Fraud Exception In Colorado Federal Court
Posted on Jun 26, 2015 in Investigations, Litigation | Comments Off on Insurance Company’s Privilege Claims Fall Victim To Crime-Fraud Exception In Colorado Federal Court
Earlier this month, a magistrate judge for the U.S. District Court for the District of Colorado, relying on the crime-fraud exception to the attorney-client privilege, significantly curtailed an insurance company’s claims of privilege. While working in the course and scope of his employment, Person A was killed in a vehicle accident by a car driven by Person B. Person A’s estate...
Texas High Court Clarifies Employers’ Duty To Warn Employees Of Open And Obvious Dangers
Posted on Jun 15, 2015 in Litigation | Comments Off on Texas High Court Clarifies Employers’ Duty To Warn Employees Of Open And Obvious Dangers
Last Friday, the Supreme Court of Texas clarified its premises liability doctrine in response to a certified question from the U.S. Court of Appeals for the Fifth Circuit. Subject to two narrow exceptions, the court held that employers do not have a duty to warn or protect their employees from dangerous premises conditions that are “open and obvious” or “known” to the employee. The...
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