Injured Railroad Workers Cannot Sue Railroad in State Where Injury Did Not Occur and Where They Do Not Live
Posted on May 30, 2017 in Litigation, Transportation | Comments Off on Injured Railroad Workers Cannot Sue Railroad in State Where Injury Did Not Occur and Where They Do Not Live
The U.S. Supreme Court ruled earlier today that the Montana Supreme Court incorrectly asserted personal jurisdiction over a railroad in two cases regarding on-the-job injuries. Even though both suits were pursued in Montana state courts, neither of the injured workers resided in Montana and neither were injured in Montana. Montana’s Supreme Court predicated its finding of personal...
Practical Implications for Energy Companies of Trump Administration’s Use of Congressional Review Act
Posted on May 24, 2017 in Construction, Energy/Environmental, OSHA, Workplace Safety | Comments Off on Practical Implications for Energy Companies of Trump Administration’s Use of Congressional Review Act
Upon taking office with the promise to reduce regulations, the new administration and the U.S. Congress used the Congressional Review Act to repeal 14 “midnight” regulations passed by the previous administration. Of the 14 repealed regulations, there are three that are of note for companies involved in mining operations domestically, in oil and gas exploration abroad, or who are...
Judge Strikes Expert Report Containing OSHA Policy Interpretation
Posted on May 12, 2017 in Investigations, OSHA | Comments Off on Judge Strikes Expert Report Containing OSHA Policy Interpretation
On Wednesday, the U.S. District Court for the Northern District of Ohio granted summary judgment to the owner of a slag plant in a case brought by a worker who sustained serious injuries from falling off an unguarded screen deck in a tower. Summary judgment became possible once the court decided to exclude the testimony of the plaintiff’s primary expert witness. The proffered...
Minors’ Involvement Affords Insight into Settlement Numbers for Fatality at Geothermal Plant
Posted on May 11, 2017 in Product Liability | Comments Off on Minors’ Involvement Affords Insight into Settlement Numbers for Fatality at Geothermal Plant
Settlement numbers in wrongful death cases are not often discernible given the confidentiality of most agreements, but where minors are involved, numbers generally are placed into the public record because of the court’s required settlement approval process. Such was the case yesterday in a California wrongful death case arising from a workplace fatality when a worker fell into...
Eleventh Circuit Upholds Verdict in “Take-Home” Asbestos Case
Posted on May 3, 2017 in Energy/Environmental, Product Liability | Comments Off on Eleventh Circuit Upholds Verdict in “Take-Home” Asbestos Case
Last week, the Eleventh Circuit considered a “take-home” asbestos case. Following a worker’s death from asbestos-induced lung cancer, the worker’s spouse was diagnosed with malignant pleural mesothelioma. Prior to her death, she filed suit against her husband’s employer alleging that washing her husband’s clothes for 20-plus years had exposed her...
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