Verdict For Automotive Manufacturer Reversed Where Trial Judge Erred In Admitting Entire NHTSA Report
Posted on Dec 11, 2014 in Construction, Investigations, Product Liability, Transportation | Comments Off on Verdict For Automotive Manufacturer Reversed Where Trial Judge Erred In Admitting Entire NHTSA Report
On Wednesday, the Court of Appeals of Missouri reversed a jury verdict in favor of an automotive manufacturer and remanded the case for a new trial. In 2003, a Missouri state trooper was killed and a passenger in his car was severely injured when a truck driver veered onto the shoulder of the interstate and collided with the patrol car. The fire began in the left rear fender, at the...
Designated Corporate Witness Must Testify About “Information Known Or Reasonably Available” To Entity
Posted on Dec 11, 2014 in Investigations, Transportation | Comments Off on Designated Corporate Witness Must Testify About “Information Known Or Reasonably Available” To Entity
In response to a Rule 30(b)(6) notice of deposition, a company “must then designate one or more officers, directors, or managing agents, or designate other persons who consent to testify on its behalf; and it may set out the matters on which each person designated will testify … The persons designated must testify about information known or reasonably available to the...
Bypassing Pollution Control Devices Costly For Shipowner Following Coast Guard Sanctions
Posted on Dec 3, 2014 in Energy/Environmental, OSHA, Transportation | Comments Off on Bypassing Pollution Control Devices Costly For Shipowner Following Coast Guard Sanctions
In 2010, the U.S. Coast Guard inspected a Norwegian-flagged oceangoing tank vessel while it was docked in Corpus Christi, Texas. Based on inspections, witness statements, and evidence collected from the vessel, the U.S. Coast Guard concluded that the ship’s pollution control devices were inoperable or had been disarmed and that the ship failed to comply with her own Safety...
Preventive Maintenance Steps To Maximize Preparedness For Litigation And Crisis Management
Posted on Nov 30, 2014 in Construction, Energy/Environmental, Litigation, OSHA, Process Safety, Product Liability, Transportation, Workplace Safety | Comments Off on Preventive Maintenance Steps To Maximize Preparedness For Litigation And Crisis Management
As the year winds down, there is no better time to make sure that your company is as prepared as possible for future litigation and crisis management. Below is a quick checklist of 10 preventive maintenance steps you can take to maximize your preparedness. When conducting any of these steps, be cognizant of protecting privilege. Document the scope of reviews and clarify the purpose...
New Jersey Law Applies In Alleged Tire Defect Case Even Though Incident Occurred In Illinois
Posted on Nov 22, 2014 in Investigations, Litigation, Product Liability, Transportation | Comments Off on New Jersey Law Applies In Alleged Tire Defect Case Even Though Incident Occurred In Illinois
In a case in which the plaintiff alleged that the manufacturer of a tire was negligent in the design and manufacture of a tire that blew out on an Illinois highway, the U.S. District Court for the District of New Jersey determined that New Jersey law, and not Illinois law, applies. Under Illinois law, the plaintiff’s non-use of a seat belt would be excluded, but under New Jersey...
OSHA Targeting Repeat Violations In Proposed Penalties Against Freight Shipping Terminal
Posted on Nov 21, 2014 in OSHA, Transportation | Comments Off on OSHA Targeting Repeat Violations In Proposed Penalties Against Freight Shipping Terminal
Yesterday, OSHA announced proposed fines of $330,800 against the owner of a freight shipping terminal for allegedly exposing workers to electrocution, fall, and crushing hazards. The company previously had similar violations in other states, which lead to the increase in the proposed penalties. According to the OSHA press release, OSHA alleges that the building’s roof leaked...
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