Punitive Damages Permissible In West Virginia Deliberate Intent Action But Only When “Specific Intent” Is Proven
Posted on Jul 27, 2014 in Construction, Litigation, Product Liability | Comments Off on Punitive Damages Permissible In West Virginia Deliberate Intent Action But Only When “Specific Intent” Is Proven
While working on a pipeline, a worker was allegedly sprayed with dangerous chemicals that caused significant injuries. He brought suit against a number of companies alleging damages from the exposure, the unsuccessful attempts to shower off the chemicals and decontaminate him, and inappropriate medical treatment. Among the motions to dismiss filed, the U.S. District Court for the...
Arbitration Award Of More Than $20 Million Against Texas Oil And Gas Company Allowed To Stand
Posted on Jul 25, 2014 in Energy/Environmental, Product Liability | Comments Off on Arbitration Award Of More Than $20 Million Against Texas Oil And Gas Company Allowed To Stand
In a case arising out of an oil and gas company’s mineral lease and operations in Hidalgo County, Texas, a group of landowners initiated a suit against the company to recover for environmental damages caused to the property. The plaintiffs alleged that the company deposited hazardous materials on the property that contaminated the soil and ground water, including mercury-contaminated...
Louisiana Federal Court Finds Offshore Helicopter Operator Liable For $1.3 Million In Crash
Posted on Jul 21, 2014 in Energy/Environmental, Product Liability, Transportation, Workplace Safety | Comments Off on Louisiana Federal Court Finds Offshore Helicopter Operator Liable For $1.3 Million In Crash
An offshore worker severely injured in a crash when a helicopter had to abort a take-off from an offshore oil platform brought suit against the helicopter operator and its insurer, the helicopter manufacturer, and the platform owner for negligence. The U.S. District Court for the Eastern District of Louisiana granted summary judgment to the manufacturer, but allowed the plaintiffs’...
$11.6 Million Asbestos-Exposure Verdict In Texas Not Supported By Sufficient Evidence
Posted on Jul 18, 2014 in Investigations, Product Liability | Comments Off on $11.6 Million Asbestos-Exposure Verdict In Texas Not Supported By Sufficient Evidence
The Supreme Court of Texas held last week that the standard of substantial factor causation previously recognized by the court in asbestosis cases also applies to mesothelioma cases. The case involved claims by the estate of a 40-year old individual who died from mesothelioma against 40 defendants based on asbestos exposure. In 2006, a jury awarded the estate $6.8 million in...
Defendants Win Summary Judgment In Australian Plane Crash Case In Illinois Federal Court
Posted on Jul 16, 2014 in Product Liability, Transportation | Comments Off on Defendants Win Summary Judgment In Australian Plane Crash Case In Illinois Federal Court
The estate administrators of victims of an Australia plane crash sued three companies in the United States alleging that the pilots’ navigational charts and the plane’s ground proximity warning system (“GPWS”) caused the crash. In granting the defendants’ motion for summary judgment, the U.S. District Court for the Northern District of Illinois held that the plaintiffs failed to...
Asbestos MDL Court Concludes Punitive Damages For Unseaworthiness Allowed For Seaman But Not For A Seaman’s Personal Representative In Survival Actions
Posted on Jul 15, 2014 in Energy/Environmental, OSHA, Product Liability, Transportation, Workplace Safety | Comments Off on Asbestos MDL Court Concludes Punitive Damages For Unseaworthiness Allowed For Seaman But Not For A Seaman’s Personal Representative In Survival Actions
In the consolidated asbestos products liability MDL pending in the U.S. District Court for the Eastern District of Pennsylvania, the court had the opportunity last week to address significant issues with respect to the maritime cases in the MDL brought by various merchant marines and their representatives, survivors, and spouses. The court considered whether punitive damages are...
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