Evidence of Failure To Comply With Safety Regulations Not Enough for Intentional Tort Claim in Ohio
Posted on May 27, 2014 in Construction, Investigations, Litigation | Comments Off on Evidence of Failure To Comply With Safety Regulations Not Enough for Intentional Tort Claim in Ohio
The U.S. District Court for the Southern District of Ohio dismissed an employer intentional tort claim, finding that the plaintiff failed to present evidence that the defendant was his employer or that the defendant acted with specific intent. The plaintiff, a subcontractor on a construction site who was injured in a fall, alleged that the general contractor was responsible for the...
Sunshine in Litigation Act Introduced in U.S. Senate Could Limit Companies’ Ability To Protect Confidential Information
Posted on May 23, 2014 in Construction, Energy/Environmental, Investigations, Process Safety, Product Liability, Transportation, Workplace Safety | Comments Off on Sunshine in Litigation Act Introduced in U.S. Senate Could Limit Companies’ Ability To Protect Confidential Information
In the wake of the recent automotive cases that have required federal courts to weigh the general public’s health and safety interest against corporate confidentiality when determining whether to seal court records, a bill has been proposed in the U.S. Senate that would prohibit a court from denying public access to information in cases in which the pleadings state facts relevant to...
OSHA Issues Penalties to Fertilizer Blender Following Severe Injury to Worker
Posted on May 22, 2014 in Construction, OSHA | Comments Off on OSHA Issues Penalties to Fertilizer Blender Following Severe Injury to Worker
OSHA announced proposed penalties totaling $181,000 for 12 alleged violations including failing to properly guard machines and electrical equipment, and failing to implement lockout procedures for hazardous energy control following its investigation into an incident in which a worker’s leg became entangled in an auger in November 2013. The move serves as a reminder to ensure that any...
D.C. Case Serves as Reminder To Involve Outside Counsel in Every Stage of Internal Investigation for Privilege Purposes
Posted on May 21, 2014 in Construction, Energy/Environmental, Investigations, Process Safety, Product Liability, Transportation, Workplace Safety | Comments Off on D.C. Case Serves as Reminder To Involve Outside Counsel in Every Stage of Internal Investigation for Privilege Purposes
If maintaining privilege over the documents generated by an internal investigation is a concern, the involvement of outside lawyers in every step of the process is strongly suggested. The U.S. District Court for the District of Columbia recently provided a reminder of this best practice when analyzing the privilege status of internal investigation documents in a qui tam action. The...
Failure To Warn Claims (But Not Design Defect Claims) Against Pressure Washer Manufacturer Can Proceed to Jury
Posted on May 20, 2014 in Construction, Product Liability | Comments Off on Failure To Warn Claims (But Not Design Defect Claims) Against Pressure Washer Manufacturer Can Proceed to Jury
In litigation arising from an allegedly defective gasoline-powered pressure washer that caused a large fire in Kansas in 2010, the U.S. District Court for the District of Kansas granted summary judgment to the defendant manufacturer on the plaintiffs’ design defect and manufacturing defect claims, but allowed the failure to warn claims to proceed to the jury. The parties agreed that...
OSHA Targeting Exposure of Workers to Combustible Dust Hazards
Posted on May 16, 2014 in Construction, OSHA | Comments Off on OSHA Targeting Exposure of Workers to Combustible Dust Hazards
OSHA has issued proposed penalties of $254,000 to an Illinois-based pet food manufacturer after finding the company committed willful and repeat violations for exposing workers to combustible and respiratory dust hazards, which increased the likelihood of an explosion in the manufacturing plant. The plant allegedly had not installed a dust collection system with explosion protection...
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