OSHA Inspections Can Get Costly; Manufacturer Hit With $1.7 Million In Proposed Penalties
Posted on Feb 19, 2015 in Construction, OSHA | Comments Off on OSHA Inspections Can Get Costly; Manufacturer Hit With $1.7 Million In Proposed Penalties
While inspecting an injury at a furniture manufacturing plant in Wisconsin, OSHA expanded its inspection to the full facility and identified 12 alleged willful, 12 repeated, and 14 serious safety violations that carry a $1.76 million proposed penalty. OSHA also placed the company in the Severe Violator Enforcement Program. Specifically, OSHA cited the company for failing to take...
Federal Court Applies New Pennsylvania Test For Product Defects Retroactively
Posted on Feb 18, 2015 in Construction, Product Liability | Comments Off on Federal Court Applies New Pennsylvania Test For Product Defects Retroactively
Following injuries sustained while using a table saw, the product user (plaintiff) sued the manufacturer for design defect alleging that the removable blade guard design was defective without active mitigation flesh detection technology. The U.S. District Court for the Middle District of Pennsylvania ruled yesterday that the design defect claims could go to the jury. In November...
Know What It Takes For Contract Clauses To Be Conspicuous Where Required
Posted on Feb 17, 2015 in Construction, Litigation | Comments Off on Know What It Takes For Contract Clauses To Be Conspicuous Where Required
Company A’s predecessor entered into a contract with Company B’s predecessor to build a water pipeline and A promised B indemnity for claims resulting from A’s work. While building the water pipeline, Company A accidentally hit a methanol pipeline and caused a leak that was not discovered for more than 20 years when the owner of the methanol pipeline had to pay for...
Eighth Circuit Upholds Exclusion Of Engineer’s Testimony On Ultimate Causation In Derailment Cases
Posted on Feb 17, 2015 in Investigations, Transportation | Comments Off on Eighth Circuit Upholds Exclusion Of Engineer’s Testimony On Ultimate Causation In Derailment Cases
Following train derailments in 2007 and 2010, a railroad brought suit against a services company alleging that the services company negligently reconditioned certain railcar axles, which caused the axles to fail and the resulting derailments. At trial, the jury found in favor of the services company and the railroad appealed. Before the trial started, the district court had granted...
Claims For Willful And Wanton Conduct Against Railroads Not Precluded By New Jersey Law
Posted on Feb 13, 2015 in Product Liability, Transportation | Comments Off on Claims For Willful And Wanton Conduct Against Railroads Not Precluded By New Jersey Law
Yesterday, the U.S. District Court for the Eastern District of Pennsylvania concluded that the New Jersey Railroad Immunity Act does not preclude claims for willful and wanton conduct. In the case brought by two plaintiffs struck by a moving train, they alleged that the train failed to stop immediately after recognizing that they were on the trucks. The court concluded that this...
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