BP Prior Incidents Again at Issue in Oil Spill Litigation
Posted on Mar 31, 2014 in Energy/Environmental, Process Safety, Product Liability, Workplace Safety | Comments Off on BP Prior Incidents Again at Issue in Oil Spill Litigation
As we previously reported in “Be Prepared for the Inevitable ‘Process Safety’ Attack,” Corporate Counsel (Jan. 23, 2014), available here, the private plaintiffs in last year’s liability trial stemming from the 2010 Gulf oil spill were permitted to introduce evidence of some of BP’s most notable prior incidents through the opinion of a renowned process safety expert,...
Most of BSEE Accident Report Deemed Admissible in Worker Injury Case
Posted on Mar 31, 2014 in Energy/Environmental, Investigations, Workplace Safety | Comments Off on Most of BSEE Accident Report Deemed Admissible in Worker Injury Case
In litigation arising from a worker injury on an offshore platform allegedly caused by the bursting of a bladder of a potable water tank, the tank manufacturer sought a preliminary order declaring the BSEE accident investigation report and all of its attachments admissible pursuant to Federal Rule of Evidence 803(8), the hearsay exception for public records. The U.S. District Court...
Florida Court Concludes Claims Arising from Nigerian Plane Crash Brought by Estates of U.S. Citizens or Residents Can Be Heard in United States
Posted on Mar 31, 2014 in Litigation, Transportation | Comments Off on Florida Court Concludes Claims Arising from Nigerian Plane Crash Brought by Estates of U.S. Citizens or Residents Can Be Heard in United States
In June 2012, a plane carrying 153 people, including several Americans, crashed on approach to a Nigerian airport. The flight was domestic to Nigeria, traveling from Abuja to Lagos, Nigeria. Mass-tort lawsuits were filed in the United States, both by the estates of individuals who were citizens or residents of Nigeria (or other foreign countries) and by the estates of individuals who...
Lack of Process Safety Contributes to Shutdown of Fish Products Company
Posted on Mar 31, 2014 in Process Safety | Comments Off on Lack of Process Safety Contributes to Shutdown of Fish Products Company
Following a bench trial, a U.S. District Judge in the Eastern District of New York issued an injunction prohibiting two seafood production companies and their senior management from producing food products at a Brooklyn facility that the U.S. Government claimed was noncompliant with the Food, Drug, and Cosmetic Act for introducing adulterated food into interstate commerce. ...
Sixth Circuit Reverses District Judge’s Grant of Summary Judgment for Paper Mill for Jury To Determine Whether Certain Work Is the Kind Its Employees Would Perform
Posted on Mar 28, 2014 in Litigation | Comments Off on Sixth Circuit Reverses District Judge’s Grant of Summary Judgment for Paper Mill for Jury To Determine Whether Certain Work Is the Kind Its Employees Would Perform
The estate of an employee of a crane manufacturing and service company who was fatally electrocuted filed a wrongful death action against the paper mill where the worker was performing electrical work on a crane at the time of the injury. The district court granted summary judgment to the paper mill on the basis that it was entitled to “up-the-ladder” immunity under Kentucky’s...
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