Occupational Safety & Health

Primarily case digests that look at key rulings in this area.

The Legal Intelligencer |Case Digests

Grenier v. Consol. Rail Corp.

October 16, 2018

The court properly denied a motion to dismiss for forum non conveniens because one of the defendants was incorporated in Pennsylvania and had its principal place of business in the county where this occupational injury case was pending.
International |News

King & Wood Mallesons Under Investigation for Overworking Lawyers in Australia

John Kang | October 15, 2018

Employees of the Sino-Australian giant were allegedly subjected to grueling conditions, with some employees sleeping at the office to meet deadlines and cope with the heavy workload that arose from a public inquiry into financial sector misconduct that involved some of their clients.
The Legal Intelligencer |Case Digests

Murray v. American Lafrance, LLC

October 09, 2018

Trial court erred in dismissing appellants' action for hearing loss from excessive sound exposure from fire engine sirens manufactured by appellee for lack of personal jurisdiction over appellee because by registering in Pennsylvania as a foreign corporation, appellee consented to general personal jurisdiction in Pennsylvania. Vacated.
Connecticut Law Tribune |Case Digests

Noffsinger v. SSC Niantic Operating Co., LLC

September 24, 2018

Court Grants Summary Judgment in Favor of Employee Who Lost Job Offer Due to Medical Marijuana Use but Refuses Request for Attorneys' Fees and Punitive Damages Practice: Employment Litigation; Occupational Safety and Health
The Legal Intelligencer |Case Digests

Wright v. Consol. Rail Corp.

September 18, 2018

Defendants failed to present sufficiently weighty public or private factors in support of their motion to dismiss for forum non conveniens, so the court properly denied the motion.
The Legal Intelligencer |Case Digests

Mercurio v. Louisville Ladder, Inc.

September 11, 2018

Defendant made a motion in limine to preclude plaintiff's expert in plaintiff's action asserting a design defect in a ladder caused him to fall and the court found that expert's "simulated use test", though simplistic in nature, was sufficiently reliable to justify admission at trial because the issue was relatively well-defined, the testing process would be readily comprehensible to a jury and issues such as the number of tests performed and the technician's arm movements while performing the tests could be adequately explored during
New Jersey Law Journal |News

NJ Appeals Court Imposes Duty to Warn of Asbestos in Replacement Parts

Michael Booth | August 07, 2018

A New Jersey appeals court has ruled that a manufacturer has a duty to warn about the risk of harm from exposure to asbestos-containing replacement parts, even if the manufacturer did not make or distribute those parts.
The Recorder |Live Coverage

San Francisco Jurors Hear Hours of Scientific Data About Herbicide's Link to Cancer

Amanda Bronstad | July 09, 2018

Lawyers bombarded a San Francisco jury on Monday with reams of scientific studies about whether a Monsanto Co. weed killer caused a man to get terminal cancer.
The Legal Intelligencer |Case Digests

Mallory v. Norfolk S. Railway

June 26, 2018

State law requiring foreign corporations to consent to general jurisdiction before being allowed to do business in Pennsylvania violated the due process clause. The court dismissed a complaint against a defendant where the only basis for personal jurisdiction was its registration to do business in Pennsylvania.
The Legal Intelligencer |Case Digests

Guldin v. Penn Central Corp.

June 19, 2018

Plaintiff was not entitled to post-judgment relief where a jury instruction properly tracked the language of a statute, and the jury relied on the testimony of defendant's expert witness regarding the cause of decedent's death.
New York Law Journal |Case Digests

In the Matter of the Claim of ANTONI PILACIK, WORKERS' COMPENSATION BOARD V JACSA, LLC et al

May 25, 2018

Matter of the Claim of ANTONI PILACIK, WORKERS' COMPENSATION BOARD V JACSA, LLC et al
Delaware Business Court Insider |News

Del. Judge Denies Interest in Asbestos Coverage Dispute

Tom McParland | May 24, 2018

A Delaware judge on Wednesday rejected what he called a "peculiar" motion by an industrial pump manufacturer seeking prejudgment interest against excess insurers in a dispute over millions of dollars in asbestos-injury coverage, observing that no court had ever granted such a request without first finding damages.
New York Law Journal |Analysis

So, Where Is the Promised Disclosure Program for Household Cleaning Products?

Charlotte A. Biblow | May 23, 2018

Charlotte A. Biblow discusses state environmental regulation, pointing out that the NYSDEC has not yet finalized its program or disclosure form, after releasing an initial draft over a year ago.
Daily Report Online |Case Digests

Cartersville City Schools et al. v. Johnson

May 03, 2018

The superior court was authorized to set aside the State Board of Workers Compensation Appellate Division's decision, thus reinstating the award of benefits to the claimant, because the Appellate Division misconstrued the legal framework for determining whether an injury arose out of employment and therefore rendered a decision contrary to law.
Connecticut Law Tribune |Best Practices Commentary

As Medical Technologies Reduce Errors, Malpractice Attorneys Must Stay Informed

Shaun Patrick Willis | April 26, 2018

It is imperative that we not only understand the elements necessary to prosecute or defend a claim of medical malpractice, but that we are also able to identify and apply the specific facts of a case to those elements, proving that each one exists.
New Jersey Law Journal |Analysis

Revisiting the Great Joint Employment Debate

Michael Slocum | April 17, 2018

From 'Browning-Ferris' to 'Hy-Brand' and beyond
The Recorder |News

Stormy Daniels Lawyer Avenatti Fights to Save Huge Punitive Award Against Kimberly-Clark

Jenna Greene | April 11, 2018

U.S. District Judge Dolly Gee whacked a $450 million award down to $20.7 million in a California class action over “leaky” surgical gowns.
The Legal Intelligencer |Commentary

Patient Safety Protections Require Hospitals to Strictly Comply With Mandated Protocols

Andrew Ralston | April 06, 2018

The Medical Care Availability and Reduction of Error (MCARE) Act, 40 Pa. C.S. Section 1303.101, et. seq., contains provisions which create an institutional “patient safety” process, and provides protections—contained in Section 1303.311— that afford to health care institutions the ability to report and investigate “serious events or incidents,” and develop and implement solutions to systemic patient safety problems that may lead to future “serious events or incidents” discovered thereby, free from concern about exposure during litigation discovery.
Daily Report Online |News

Jury Offers No Relief to Housekeeper Who Fell Through Attic Floor

Greg Land | April 03, 2018

The plaintiffs lawyer said the jury could not see its way clear to find the defendant, a "very sweet" 90-year-old woman, liable for the injuries her housekeeper suffered in the fall.
The Legal Intelligencer |Case Digests

Minton v. Norfolk S. Railway. Co.

April 03, 2018

Defendants were not entitled to summary judgment, because factual issues existed regarding whether plaintiffs harm constituted an occupational illness, and whether defendants fraudulently concealed knowledge relating to this type of harm and its causes.
Texas Lawyer |Commentary

OSHA on the OCS? Fifth Circuit Affirms Preemption of OSHA Regulations on OCS MODU

Kat C. Statman | April 02, 2018

The Fifth Circuit, in Thomas v. Hercules Offshore Services, L.L.C., Case No. 17-30638 (Fiftth Cir. March 2, 2018), concluded per curiam that the Occupational…
Daily Business Review |News

Judge: Return Chinese Drywall Lawsuits to Original States

Janet McConnaughey, Associated Press | March 30, 2018

Nine years after a judge began supervising a multitude of federal lawsuits that claim homes were damaged by Chinese drywall, he says it's time to return thousands of remaining cases for trial in the courts where they were filed.
National Law Journal |

Asbestos Filings Fell in 2017, Report Says

Amanda Bronstad | March 26, 2018

Asbestos filings fell in 2017, and it didn't matter whether they were brought over mesothelioma, lung cancer or other forms of cancer, according to consulting firm KCIC.

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