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Expert Challenges Fail In Material Handling Cart Product Liability Case

Following a worker’s injury alleged caused by a material handling cart used to bring stock to the customer floor in a national retailer’s store, the worker brought an action alleging that the manufacturer of the cart was strictly liable for the defective design of the cart.  Yesterday, the U.S. District Court for the Central District of Illinois denied the...

Process Safety Reminder: Close Out Prior Investigations’ Findings And Recommendations

The process safety of Washington, D.C.’s public rail transportation system is under criticism following another derailment earlier this month.  According to The Washington Post, the track problem that caused the latest derailment had been detected a month earlier but had not been fixed.  The organization’s interim general manager said, “I don’t want to mince...

Mining Executive’s Request For More Detailed Indictment Denied

On Monday, the U.S. District Court for the Southern District of West Virginia denied a renewed motion for a bill of particulars from the coal executive facing federal criminal conspiracy charges arising from a fatal 2010 mine explosion.  The defense renewed the motion after additional charges were added to the indictment alleging that the executive engaged in a conspiracy to falsify...

Land Valuation Expert Allowed To Testify In Oklahoma Groundwater Contamination Case

In a case involving alleged groundwater contamination of a group of plaintiffs’ properties located in proximity to a company’s former site used to clean missile motor casings, the U.S. District Court for the Western District of Oklahoma denied the plaintiffs’ request to exclude the testimony of one of the company’s proposed land valuation experts.  The...

New York City Targeting Safety Violations And Corruption In the Construction Industry

New York City is targeting corruption and fraud in the construction industry.  On Wednesday, the Manhattan District Attorney’s Office, the New York City Department of Investigation (“DOI”), the Port Authority of New York and New Jersey Office of the Inspector General, the Metropolitan Transportation Authority Office of the Inspector General, and the Business Integrity...

Insurance Company’s Privilege Claims Fall Victim To Crime-Fraud Exception In Colorado Federal Court

Earlier this month, a magistrate judge for the U.S. District Court for the District of Colorado, relying on the crime-fraud exception to the attorney-client privilege, significantly curtailed an insurance company’s claims of privilege. While working in the course and scope of his employment, Person A was killed in a vehicle accident by a car driven by Person B.  Person A’s estate...

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