Occupational Safety & Health

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

Daily Report Online |Commentary

Lunchtime Accident Isn't Covered by Workers' Comp, Says Split Appeals Court

Steven Meyerowitz | November 27, 2018

The Georgia Court of Appeals held that "an injury occurring during the break period arises out of an individual pursuit and not out of his employment and is not compensable.”
Delaware Law Weekly |Case Digests

Pasternack v. Northeastern Aviation Corp.

November 21, 2018

A pilot was entitled to indemnification under the bylaws of an aircraft charter company in connection with le-gal expenses incurred in a drug testing matter.
Texas Lawyer |Case Digests

Fredieu v. WT Offshore

November 12, 2018

Appellant, Wesley Fredieu, challenged the trial court's take-nothing judgment following a jury trial in connection with an injury he sustained while working on an offshore platform in the Gulf of Mexico.
New Jersey Law Journal |Analysis

OSHA Places Responsibility Squarely on General Contractors

Christopher L. Musmanno | November 01, 2018

With regard to the primary responsibility for implementation of the Job Site Safety Program, OSHA is clear.
Connecticut Law Tribune |Case Digests

Perez v. Eastern Awning Systems, Inc.

October 22, 2018

Court Denies Motion for Summary Judgment by Employer That Allegedly Retaliated Against Employees Who Filed OSHA Complaints
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.

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