Court Emphasizes OSHA Standards Have No Bearing In Consumer/Manufacturer Case
Posted on Oct 27, 2015 in Construction, OSHA, Product Liability | Comments Off on Court Emphasizes OSHA Standards Have No Bearing In Consumer/Manufacturer Case
Last week, the U.S. District Court for the Western District of Virginia granted summary judgment to the manufacturer of a zero-turn radius lawnmower in a case brought by the estate of an individual killed when operating the mower in a roll over incident. The estate claimed that the mower was defectively designed without rollover protection (which was an optional safety feature that...
Pennsylvania Federal Court Sorts Through Claims Against Coke Plant, Dismisses Count For Punitive Damages
Posted on Oct 21, 2015 in Construction, Energy/Environmental, Product Liability | Comments Off on Pennsylvania Federal Court Sorts Through Claims Against Coke Plant, Dismisses Count For Punitive Damages
In a case involving a group of Pennsylvania plaintiffs that alleges injuries from “noxious odors and air particulates” allegedly emanating from a coke plant, the U.S. District Court for the Western District of Pennsylvania examined the plaintiffs’ claims in deciding a motion to dismiss last week. The court dismissed the plaintiffs’ public nuisance claim because...
Court Declines To Certify Damages Class In West Virginia Water Contamination Case
Posted on Oct 9, 2015 in Energy/Environmental, Investigations, Product Liability | Comments Off on Court Declines To Certify Damages Class In West Virginia Water Contamination Case
In the litigation following the interruption of the Charleston, West Virginia water supply caused by a leaking chemical storage tank in January 2014, the U.S. District Court for the Southern District of West Virginia ruled yesterday that the plaintiffs could certify a class for determining liability, but refused to certify a class for purposes of establishing damages. The plaintiffs...
Statute Of Repose Bars Claims That Hexavalent Chromium Exposure Caused Death Of Exposed Worker
Posted on Sep 25, 2015 in Energy/Environmental, Litigation, Product Liability | Comments Off on Statute Of Repose Bars Claims That Hexavalent Chromium Exposure Caused Death Of Exposed Worker
The U.S. District Court for the District of Maryland dismissed claims brought by a family of a deceased worker alleging that the worker’s death resulted from lung cancer caused by prolonged exposure to hazardous chromium ore processing residues (“COPR”) at a Maryland marine terminal. Specifically, plaintiffs claimed that the defendant operated a chromium...
Western Hat Manufacturer’s $18 Million Verdict Upheld After Plant Consumed By Utility’s Alleged Negligence
Posted on Sep 18, 2015 in Construction, Product Liability | Comments Off on Western Hat Manufacturer’s $18 Million Verdict Upheld After Plant Consumed By Utility’s Alleged Negligence
Following a catastrophic Texas grass fire that consumed a hat manufacturing plant and the nearly 500,000 western hats inside the plant, the owner of the plant (the Manufacturer) brought suit against the Utility that owned the utility pole where the fire originated. Specifically, the electrically-charged overhead service line became disconnected from one end of a connector, and the...
Complaint Against Table Saw Manufacturers For Alleged Conspiracy To Boycott Safety Technology Can Proceed
Posted on Sep 15, 2015 in Process Safety, Product Liability | Comments Off on Complaint Against Table Saw Manufacturers For Alleged Conspiracy To Boycott Safety Technology Can Proceed
The Fourth Circuit decided earlier today that a complaint filed by the company that created an “active injury mitigation technology” meant to prevent certain hand and finger injuries on table saws that alleges antitrust violations against the largest table saw manufacturers can go forward. The contentious 2-1 ruling reverses a district court judge’s grant of the...
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