Expert Challenges Fail In Material Handling Cart Product Liability Case
Posted on Aug 27, 2015 in Construction, Investigations, Product Liability | Comments Off on Expert Challenges Fail In Material Handling Cart Product Liability Case
Following a worker’s injury alleged caused by a material handling cart used to bring stock to the customer floor in a national retailer’s store, the worker brought an action alleging that the manufacturer of the cart was strictly liable for the defective design of the cart. Yesterday, the U.S. District Court for the Central District of Illinois denied the...
Land Valuation Expert Allowed To Testify In Oklahoma Groundwater Contamination Case
Posted on Aug 11, 2015 in Energy/Environmental, Investigations, Product Liability | Comments Off on Land Valuation Expert Allowed To Testify In Oklahoma Groundwater Contamination Case
In a case involving alleged groundwater contamination of a group of plaintiffs’ properties located in proximity to a company’s former site used to clean missile motor casings, the U.S. District Court for the Western District of Oklahoma denied the plaintiffs’ request to exclude the testimony of one of the company’s proposed land valuation experts. The...
Seventh Circuit Affirms Judgment Preventing Part Of Plaintiff’s $25 Million Recovery On Assigned Claims
Posted on Aug 8, 2015 in Litigation, Product Liability | Comments Off on Seventh Circuit Affirms Judgment Preventing Part Of Plaintiff’s $25 Million Recovery On Assigned Claims
Under a settlement agreement, the owners and operators of a large yacht agreed to pay an individual who fell and was paralyzed $25 million, payable solely through an assignment of their claims against their insurers. The insurer for Defendant A filed a declaratory judgment action seeking a determination that it did not owe a duty under the pertinent policies to defend or indemnify...
Punitive Damage Claims Can Go Forward Against New York City Asbestos Defendants
Posted on Jul 11, 2015 in Construction, Product Liability | Comments Off on Punitive Damage Claims Can Go Forward Against New York City Asbestos Defendants
In the New York City Asbestos Litigation that has been pending for decades, an intermediate New York appellate court determined that the motion judge had the authority to amend the Case Management Order to allow for Plaintiffs to seek punitive damages upon application to their respective trial court, even though the defendants in the case had opposed the amendment. The previous Case...
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....
Most Claims Against Manufacturer Of Chemical Leaked Into West Virginia Water Supply To Proceed
Posted on Jun 19, 2015 in Construction, Energy/Environmental, Product Liability | Comments Off on Most Claims Against Manufacturer Of Chemical Leaked Into West Virginia Water Supply To Proceed
The U.S. District Court for the Southern District of West Virginia determined earlier this month that the bulk of private plaintiffs’ claims against the manufacturer of the chemical that leaked into the Elk River and contaminated the Charleston-area water supply could continue. The plaintiffs generally contended that the chemical manufacturer failed to warn of the dangers...
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