Eleventh Circuit Agrees with District Court that $4.35 Million Settlement Cannot Be Enforced Against Insurer
Posted on Apr 25, 2014 in Construction, Litigation | Comments Off on Eleventh Circuit Agrees with District Court that $4.35 Million Settlement Cannot Be Enforced Against Insurer
Working for a subcontractor of a project’s general contractor, a worker fell off a ladder and died as a result of his injuries. His estate brought a wrongful death suit against several defendants including the general contractor. The general contractor claimed that its insurer under a commercial general liability insurance policy had a duty to defend and indemnify the suit. The...
Mine Review Commission Vacates ALJ Penalty Assessment Against Coal Preparation Plant for Relying on Outdated Information
Posted on Apr 23, 2014 in Construction | Comments Off on Mine Review Commission Vacates ALJ Penalty Assessment Against Coal Preparation Plant for Relying on Outdated Information
The Federal Mine Safety and Health Review Commission vacated an ALJ’s penalty assessment in a case brought by MSHA against a coal preparation plant. In his assessment, the ALJ significantly reduced MSHA’s initial penalties for four regulatory violations related to mobile equipment defects. The ALJ based his reductions, in part, on a comparison of the newly assessed penalties to...
New Jersey Appellate Court Finds That Manufacturer Has Duty To Warn That Component Parts of Products Contain Asbestos Even Though Parts Will Be Replaced
Posted on Apr 23, 2014 in Construction, Product Liability | Comments Off on New Jersey Appellate Court Finds That Manufacturer Has Duty To Warn That Component Parts of Products Contain Asbestos Even Though Parts Will Be Replaced
The Superior Court of New Jersey, Appellate Division found that a pump manufacturer had a duty to warn workers that component parts of its pumps contained asbestos even though those parts would later be replaced. Analyzing the question of duty under a strict liability theory, the court held that the plaintiffs were entitled to the inference that the manufacturer knew that its pumps...
MSHA Announces Final Rule Lowering Miners’ Exposure Limits to Respirable Coal Dust; Rule Will Be Challenged
Posted on Apr 23, 2014 in Construction | Comments Off on MSHA Announces Final Rule Lowering Miners’ Exposure Limits to Respirable Coal Dust; Rule Will Be Challenged
The Mine Safety and Health Administration announced today that on May 1, 2014, it will release a final rule to lower miners’ exposure to respirable coal mine dust in underground and surface coal mines. The final rule lowers miners’ acceptable exposure to respirable coal dust by reducing the overall dust standard from 2.0 to 1.5 milligrams per cubic meter of air and cutting the...
U.S. Supreme Court Will Not Hear Case Addressing Standard of Review for MSHA’s Approval of Mining Ventilation Plans
Posted on Apr 21, 2014 in Construction | Comments Off on U.S. Supreme Court Will Not Hear Case Addressing Standard of Review for MSHA’s Approval of Mining Ventilation Plans
Earlier today, the U.S. Supreme Court declined to review a Seventh Circuit holding that a decision of the Secretary of Labor to withhold approval of a coal mine’s ventilation plan is reviewable under an abuse of discretion standard. Underground coal mine operators must have ventilation plans approved by the Secretary of Labor (through the Mine Safety and Health Administration) under...
Fourth Circuit Upholds ALJ Finding that Former Miner Entitled to 15-Year Rebuttable Presumption Under Black Lung Act
Posted on Apr 15, 2014 in Construction | Comments Off on Fourth Circuit Upholds ALJ Finding that Former Miner Entitled to 15-Year Rebuttable Presumption Under Black Lung Act
The Fourth Circuit concluded that substantial evidence existed to support an ALJ’s application of the Black Lung Act’s 15-year rebuttable presumption favoring an award of benefits to claimants that establish they were employed as a miner for 15 years and suffer from a totally disabling respiratory or pulmonary impairment. The mining company challenged the ALJ’s application of the...
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