California Jury Levies $10.9 Million Verdict Against Manufacturer
Posted on Jun 3, 2014 in Construction, Product Liability | Comments Off on California Jury Levies $10.9 Million Verdict Against Manufacturer
According to Law360, a Fresno, California jury returned a $10.9 million verdict against a global manufacturing company on Monday for the family of a man who allegedly died from mesothelioma after exposure to asbestos-containing products while fixing old cars and trucks. The verdict included a $3.5 million award of punitive damages and is likely to be appealed.
Fifth Circuit Affirms Dismissal of Product Liability Case Against Propane Heater Manufacturer
Posted on May 30, 2014 in Construction, Investigations, Litigation, Product Liability | Comments Off on Fifth Circuit Affirms Dismissal of Product Liability Case Against Propane Heater Manufacturer
The Fifth Circuit affirmed the dismissal of a Louisiana products liability case alleging that defects in a propane heater caused the death of the plaintiff’s husband. The plaintiff’s expert opined that a propane leak was the most probable cause of the damaging fire and explained that there were five potential areas for fault in the heater that could have caused such a leak. Despite...
Louisiana Court Affirms Judgments for Exposure to Chemicals Following 2006 Plant Explosion
Posted on May 27, 2014 in Construction, Energy/Environmental, Investigations, Product Liability | Comments Off on Louisiana Court Affirms Judgments for Exposure to Chemicals Following 2006 Plant Explosion
Following lower court judgments finding that plaintiffs were exposed to harmful chemicals from a 2006 chemical plant explosion, the plant owner defendant appealed arguing that while it may have caused the explosion, the plaintiffs failed to prove that the defendant actually caused them to be exposed to chemicals. Last week, the Louisiana Third Circuit Court of Appeals affirmed the...
Sunshine in Litigation Act Introduced in U.S. Senate Could Limit Companies’ Ability To Protect Confidential Information
Posted on May 23, 2014 in Construction, Energy/Environmental, Investigations, Process Safety, Product Liability, Transportation, Workplace Safety | Comments Off on Sunshine in Litigation Act Introduced in U.S. Senate Could Limit Companies’ Ability To Protect Confidential Information
In the wake of the recent automotive cases that have required federal courts to weigh the general public’s health and safety interest against corporate confidentiality when determining whether to seal court records, a bill has been proposed in the U.S. Senate that would prohibit a court from denying public access to information in cases in which the pleadings state facts relevant to...
Texas Court Affirms $1.9 Million Jury Verdict Against Railroad for Worker’s Cumulative Spinal Injuries
Posted on May 23, 2014 in Investigations, Product Liability, Transportation | Comments Off on Texas Court Affirms $1.9 Million Jury Verdict Against Railroad for Worker’s Cumulative Spinal Injuries
Following a trial, a jury returned a verdict of $1.9 million against a railroad for negligence under the Federal Employers Liability Act (“FELA”) and for violation of the Locomotive Inspection Act on claims brought by an employee who worked for the railroad for 20 years but had been advised by a neurologist to stop working because of deterioration of his spinal health. The plaintiff...
D.C. Case Serves as Reminder To Involve Outside Counsel in Every Stage of Internal Investigation for Privilege Purposes
Posted on May 21, 2014 in Construction, Energy/Environmental, Investigations, Process Safety, Product Liability, Transportation, Workplace Safety | Comments Off on D.C. Case Serves as Reminder To Involve Outside Counsel in Every Stage of Internal Investigation for Privilege Purposes
If maintaining privilege over the documents generated by an internal investigation is a concern, the involvement of outside lawyers in every step of the process is strongly suggested. The U.S. District Court for the District of Columbia recently provided a reminder of this best practice when analyzing the privilege status of internal investigation documents in a qui tam action. The...
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