Workers’ Case Alleging Harms By Government Contractor From Coal Ash Clean-up Still Alive
Posted on Jun 6, 2015 in Energy/Environmental, Litigation | Comments Off on Workers’ Case Alleging Harms By Government Contractor From Coal Ash Clean-up Still Alive
Earlier this week, the Sixth Circuit joined an existing circuit split when holding that a government contractor’s immunity as a corollary of the discretionary-function exception to the Federal Tort Claims Act (FTCA), based on the U.S. Supreme Court’s decision in Yearsley v. W.A. Ross Construction Co., 309 U.S. 18 (1940)), is not jurisdictional. In the case, following a...
Federal Court Enjoins Manufacturing Plant From Retaliating Against OSHA Complainants
Posted on May 29, 2015 in Construction, Energy/Environmental, Litigation, OSHA | Comments Off on Federal Court Enjoins Manufacturing Plant From Retaliating Against OSHA Complainants
An employee working on a production line of a plant that makes foam cushions used in car seats and head rests raised concerns about exposure to the chemical toluene diisocyanate (“TDI”). In May 2014, the employee was one of ten plant employees to provide management with a signed letter regarding TDI leaks at the plant and health concerns. The plant promptly hired an...
Pennsylvania High Court Considers Scope Of Employer’s Liability Exclusion In Umbrella Commercial Liability Policy
Posted on May 27, 2015 in Litigation | Comments Off on Pennsylvania High Court Considers Scope Of Employer’s Liability Exclusion In Umbrella Commercial Liability Policy
Following a workplace injury, a worker brought suit against the owner of the premises who leased the property to the worker’s employer. The employer maintained an umbrella commercial liability insurance policy containing an employer’s liability exclusion. The policy did not cover liabilities for injury to “An ’employee’ of the insured arising out of and...
Coverage For Worker’s Assault On Coworker Excluded From Commercial Liability Policy Given Facts
Posted on May 16, 2015 in Litigation | Comments Off on Coverage For Worker’s Assault On Coworker Excluded From Commercial Liability Policy Given Facts
Yesterday, the Supreme Court of Alaska had to determine whether an incident in which a man who assisted on a concrete-pouring job was assaulted by another worker at the job site fell within a commercial general liability insurance policy’s employee-exclusion clause. The job site’s owner had purchased general commercial liability insurance but did not purchase...
State Court Considers Possible Waiver Of Privilege Over Claims File In Workers’ Comp Case
Posted on May 4, 2015 in Investigations, Litigation | Comments Off on State Court Considers Possible Waiver Of Privilege Over Claims File In Workers’ Comp Case
Last week, the Supreme Court of South Dakota reversed a trial court judge who had concluded an insurer had impliedly waived the attorney-client privilege and thus had to produce all disputed documents in unredacted form. The plaintiff had brought the suit against the insurer for bad faith in resolving the plaintiff’s underlying workers’ compensation claims. The plaintiff...
Court Orders Insurer’s Handwritten Notes Discoverable Despite Work-Product Doctrine
Posted on Apr 25, 2015 in Energy/Environmental, Investigations, Litigation, Product Liability | Comments Off on Court Orders Insurer’s Handwritten Notes Discoverable Despite Work-Product Doctrine
Last week, a Maine court took up a discovery fight regarding certain claim and underwriting files maintained by an oil and gas company’s insurer with respect to multi-forum MTBE litigation. The oil and gas company contended that as a result of the more than 60 MTBE lawsuits filed against it, the company incurred significant unreimbursed expenses in connection with the...
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