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Worker Cannot Maintain Civil Tort Claims Against Car Manufacturer for Alleged Exposure to Formaldehyde

The U.S. District Court for the Southern District of Mississippi granted summary judgment to a car manufacturer in a case brought by a worker injured at the car manufacturer’s plant.  The worker alleges the manufacturer exposed him to formaldehyde-gas emissions on three separate dates that caused him to develop epilepsy. He brought claims for fraudulent misrepresentation,...

Monsanto verdict reduced but case highlights jury realities in products cases

A jury in San Francisco found that “Roundup,” the world’s most popular and widely used herbicide, caused a school groundskeeper’s non-Hodgkin lymphoma resulting in a $78.5 million verdict against the manufacturer of this product, which has been used internationally since the 1970s. The Monsanto trial reveals three present realities that manufacturers face in product liability cases;...

Hand Signals Work in Baseball But Can Be Improper Coaching in Courtroom

During a recent trial related to a 2012 New Jersey train derailment and chemical leak in the U.S. District Court for the District of New Jersey, the judge ejected one of the lead plaintiffs’ attorneys for improperly coaching witnesses.  Specifically, the lawyer acknowledged that he told the witness that if the witness started to ramble while on the stand, he would touch his...

2014 Year in Review

Earlier today, we released the 2014 Safety Litigation Year in Review, which assembles our 20 most popular postings from the site’s inaugural year.  The Year in Review document is available here.

No Common Law Duty To Make Defibrillators Available To Invitees In California

The Ninth Circuit recently certified a question to the California Supreme Court on whether the California common law duty of reasonable care owed to on-site business customers includes an obligation to obtain and make available on the premises an automated external defibrillator (AED) for use in medical emergencies.  The case arose after a shopper experienced a sudden cardiac arrest...

Nebraska High Court Orders Trial Against General Contractor Over Death Of Subcontractor’s Employee

To help build a new store for a nationwide retailer in Omaha, the site’s general contractor hired a subcontractor to install steelwork to support the building’s roof.  One of the subcontractor’s employees, while not wearing required personal protective equipment (PPE), fell 25 feet after a decking sheet gave way and was killed.  The decking sheet originally had been secured by two...

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