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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...

Where Safety Guard Removed, Insurer No Duty To Indemnify Employer For Injured Worker’s Suit

A worker in an Ohio manufacturing plant sustained serious injuries while clearing jammed materials from a machine.  At some time prior to the incident, an unknown person at an unknown time bypassed an interlock device on the machine, which would have prevented the incident.  The worker brought a lawsuit against his employer alleging claims under Ohio law, including a claim for...

Product Liability Claim Stemming From Alabama Mining Incident Dismissed On Statute Of Limitations Grounds

On August 15, 2011, a belt installer was injured at a mine in Alabama, allegedly because the boom drive jacks on the belt assembly malfunctioned, which caused the boom drive to fall on the worker.  The Mine Safety and Health Administration was called to investigate the incident.  The worker hired Attorney No. 1 to help with his workers’ compensation claim and the workers’...

Ammonia Release Causing Plant Shutdown Can Trigger Property Insurance Coverage According To New Jersey Federal Court

While a New Jersey company was constructing a new juice packaging plant in Georgia, a release of anhydrous ammonia occurred during the start-up of the plant’s refrigeration system.  The release severely burned a contractor’s employee and the plant owner made an insurance claim under a property insurance policy that covered “direct physical loss of or damage to”...

Texas Federal Court Finds Alabama, Not Louisiana Proper Adjacent State Of Offshore Platform In Indemnity Dispute

For work on a platform in the Gulf of Mexico, the operator of the platform and a contractor entered a master service contract in which each agreed to indemnify the other for the injuries of their own employees.  An employee of the operator was injured on the platform and the worker filed suit against the operator and the contractor in Louisiana federal court.  The contractor brought a...

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