Failure To Plead Specific Factual Allegations Dooms Product Liability Claims Against Bullet Manufacturer
Posted on Nov 24, 2014
The U.S. District Court for the Northern District of Illinois dismissed a bullet manufacturer last week from a case brought by a plaintiff who had suffered permanent injuries while attempting to fire a rifle. The plaintiff alleged negligence, strict liability, breaches of express and implied warranties, and a claim for punitive damages against the multiple companies that manufactured certain parts of the rifle, including the manufacturer of the bullet he was using. The court concluded, however, that the plaintiff failed to allege particularized facts in his complaint sufficient to satisfy...
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Louisiana Federal Court Dismisses Punitive Damages Claims Against Pipeline Operator
Posted on Nov 24, 2014
Following a natural gas ignition in June 2013, a Louisiana plaintiff brought suit against the owner and operator of the natural gas transmission pipeline on claims that it had ruptured and exploded on her property, and had damaged her home and the surrounding area. She filed a class action complaint against the pipeline operator claiming to also represent anyone affected within two miles of the incident and sued for punitive damages. Last week, the U.S. District Court for the Eastern District of Louisiana granted the pipeline’s motion to dismiss the plaintiff’s punitive damages...
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Separate Product Liability Drug Cases Deemed Removable “Mass Action” By Ninth Circuit
Posted on Nov 23, 2014
In a series of cases involving alleged injuries related to the ingestion of propoxyphene, a number of cases were filed against the pharmaceutical companies who held the rights to drugs containing this ingredient before these drugs were removed from the market. In California, more than forty actions had been filed in state court making similar claims, and a group of attorneys responsible for filing many of these actions filed petitions with the California Judicial Council to establish a coordinated proceeding for all California actions. The defendant drug companies then removed the cases on...
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Employer On Hook For Partial Disability Payments For Injured Worker Even After Discovering Immigration Issue
Posted on Nov 22, 2014
Following an on-the-job injury for a construction company, a worker received total disability payments from the company. At the request of the company’s workers’ compensation insurance carrier, however, the company determined that the worker was an undocumented worker without a valid social security number. The employer terminated the employment and hired a doctor to reevaluate the worker’s injuries. The doctor concluded that although the worker remained disabled, he could perform “light duty” work with restrictions. The employer then filed a petition with...
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New Jersey Law Applies In Alleged Tire Defect Case Even Though Incident Occurred In Illinois
Posted on Nov 22, 2014
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 law, such evidence would be permitted. The plaintiff was domiciled in New Jersey, the accident occurred in Illinois (where the plaintiff had been living for a semester in school), and the tire was...
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OSHA Targeting Repeat Violations In Proposed Penalties Against Freight Shipping Terminal
Posted on Nov 21, 2014
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 water on the work floor where electrical cabinets and forklift battery chargers were located, employees stood in water while plugging in battery chargers, the loading docks lacked appropriate guardrails, and...
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Boot Manufacturer’s Third-Party Complaint Against Deceased Worker’s Employer Dismissed By Kentucky Court
Posted on Nov 20, 2014
Following a worker fatality caused by electrical shock at a Kentucky food packing plant, the worker’s estate brought suit against the manufacturer of the “EH” certified boots he was wearing, which allegedly had been warranted to provide protection against inadvertent electrical contact up to 14,000 volts (the worker was exposed to 480 volts at the time of his death). The estate brought a breach of the aforementioned warranty and a defective design claim against the boot manufacturer. The boot manufacturer then filed a third-party complaint against the worker’s...
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