1 Steel Mill Safety & Health: A Lawyer s Perspective Joseph Lipari, Attorney/Partner The Sultzer Law Group, P.C. 77 Water Street, 8 th Floor New York, New York Keywords: Post-sale duty, assumption of duty, litigation, personal injury, legal, liability, old equipment, general duty clause INTRODUCTION Productivity, profitability, and worker safety are paramount objectives for every steel mill and every steel mill equipment manufacturer. Given the speed at which technology changes and the economically dynamic nature of the steel industry, some steel mills in the United States presently use legacy equipment (i.e. old equipment models and discontinued product lines) that may be considered obsolete in relation to functionally similar products obtainable in the marketplace. Some steel mills are operated by the subsidiaries of corporate parents. Further, some steel mills routinely rely upon and integrate safety professionals from parent companies, sister companies, and affiliates. Against this backdrop, this paper addresses the following critical steel mill safety and health issues, which frequently arise within the context of personal injury and wrongful death litigation: U.S and foreign product manufacturers are often named in product liability lawsuits when steel mill workplace injuries occur in connection with the manufacturer s legacy equipment. Oftentimes plaintiffs will argue that the manufacturer should have issued a product advisory, a product recall or a product retrofit as soon as technological advancements rendered the legacy equipment obsolete. (e.g. automatic argon gas coupling technology rendering manual argon gas coupling technology obsolete; spray cooled EAF walls rendering water cooled panels obsolete; a remote controlled ram for the EAF slag door rendering a man operated forklift obsolete ). While an injured steelworker s direct employer is generally immune from suit if the employer procures workers compensation insurance, the direct employer still faces the possibility of OSHA general duty clause citations for failing to procure and implement state-of-the-art technology. A steel mill s parent company and affiliate companies are sometimes named in negligence lawsuits in an effort to circumvent the workers compensation immunity. Commercial general liability insurance policies are oftentimes triggered by these types of lawsuits. But sometimes they are not. Furthermore, insurance policies may not cover punitive damages awards. Accordingly, steel mill equipment manufacturers should be cognizant of state-specific, post-sale duties. Mill operators and owners should be cognizant of the interplay between workers compensation immunity and the assumption of duty doctrine, as well as OSHA s use of the general duty clause when legacy equipment is involved in a workplace accident. And, manufacturers, operators, and owners should be cognizant of punitive damages insurability issues.
2 DISCUSSION Hypothetical steel mill accident The following hypothetical will be used throughout this paper to illustrate points about the above-referenced recurring, critical litigation issues: ABC Steel Mill is located in Colorado. The mill has an electric arc furnace and uses a ladle transfer car to move molten steel to the ladle metallurgical furnace. ABC Steel s workers manually couple argon gas hoses to the ladle. ABC Steel is a subsidiary of XYZ Steel. ABC Steel and XYZ Steel routinely share best practices and occasionally XYZ Steel s safety manager visits ABC Steel Mill and makes recommendations related to worker safety and productivity. Recently, John Worker was in the process of connecting the argon hose to the ladle. The ladle had limited freeboard and, for unknown reasons, molten steel erupted from the ladle and burned John Worker. The ladle and ladle transfer car were both manufactured and supplied 20 years before the accident by 123 Manufacturing Company. 123 Manufacturing Company added automatic gas coupling technology to its product portfolio about 4 years ago. After the accident, ABC Steel Mill conducted a thorough investigation. XYZ Steel personnel assisted with the investigation and issued recommendations. OSHA issued citations to ABC Steel Mill. OSHA cited Section 5 (a) (1) of the Occupational Safety and Health Act and indicated that a feasible and useful means of abatement includes installing automatic gas coupling technology. U.S. liability overview A. Negligence Within the context of personal injury suits, parties are generally held to a reasonableness standard. If an entity has a legal duty or has voluntarily assumed a legal duty to third parties, the entity will be found negligent if it is determined that it did not act reasonably. The employer of an injured employee is immune from suit if it procures workers compensation insurance. But, if a non-employer (including the employer s parent or affiliate company) has voluntarily undertaken a task that, for instance, impacts worker safety, then that entity may have assumed a duty to the steelworkers and, if so, must discharge that duty reasonably. A failure to do so will subject that entity to liability. In a 2007 Pennsylvania personal injury and wrongful death case entitled Solen v ArcelorMittal i, several steel workers were injured in connection with an electric arc furnace eruption. Plaintiffs sued their employer s parent company and their employer s sister companies on the grounds that they: a) negligently oversaw worker safety programs; and b) could not avail themselves of the workers compensation immunity. (The case resolved when the parties entered into a confidential settlement agreement). The following chart provides a state-by-state overview of the law pertaining to workers compensation and assumption of duty: Table I. Parent/Sister Company Liability Overview (in steel mill states): Mill Location Alabama Arkansas California Colorado Georgia Law Sister and parent corporations are not necessarily immune from work-related claims of injured employees of the direct employer, even where there is a contractual provision purporting to label those sister and parent corporations as statutory employers of that employee. ii A parent company can be held liable for the workplace injuries of an employee of its subsidiary where the parent affirmatively assumes control of certain duties with respect to workplace safety. iii An employee of a wholly owned subsidiary who has obtained workers compensation benefits from the subsidiary may maintain an action in tort against the parent corporation, even where the parent and subsidiary are covered by the same workmen s compensation policy. iv Employer immunity from tort liability under Colorado Workmen s Compensation Act does not extend to a parent corporation sued by an employee of its whollyowned subsidiary. v An employee of a wholly owned subsidiary corporation is not barred by Georgia s
3 Illinois Indiana Iowa Kentucky Louisiana Michigan Minnesota Mississippi Nebraska New Jersey New York North Carolina Ohio Oklahoma Oregon Pennsylvania workers compensation statute from suing subsidiary s parent or sibling corporation. vi Courts do not pierce corporate veils in order to find that a parent company and a subsidiary are both plaintiffs' employer. The general rule is that parent companies and subsidiaries are separate legal entities. Under the Illinois Workmen s Compensation Act, an employer is not precluded from suing a parent company. vii The exclusivity provision of Indiana s Worker s Compensation Act does not prevent employees from suing parent corporations for injuries sustained during the course of employment. viii Where the relationship among affiliated corporations is the result of conscious compartmentalization of the responsibilities of each for purposes of gaining corresponding advantages, the fact that affiliated corporations are engaged in a joint venture does not make them all employers of the employees of one of the corporations involved in the joint venture, and suits against those affiliated corporations are not barred by the exclusive remedy provision of Iowa s Workers Compensation Act. ix Under Kentucky s Workmen s Compensation Act, a parent corporation is not immune from tort liability to its subsidiary s employees for its own, independent acts of negligence. x A parent company can be held liable for its own direct acts of negligence, as well as in instances where it voluntarily assumes certain duties regarding workplace safety when those duties are not performed in a reasonable and prudent manner. xi Actions against parent corporations are not barred by Michigan Worker s Disability Compensation Act, unless there is evidence that the parent acted as a statutory employer by exercising control over the employee s duties, paying the employee s wages, or disciplining the employee. xii Minnesota law is not settled as to whether a parent company of a wholly owned subsidiary should be considered an employer for workers -compensation purposes, but Minnesota courts appear amenable to the idea should a proper case arise. xiii Immunity from tort liability under Mississippi s Workmen s Compensation Act is limited to the employer and the insurer. xiv Tort liability remains as to any other party. xv Where an employee of a subsidiary is injured while working on property owned by the parent corporation and receives workers compensation benefits from the subsidiary, the employee may maintain an action in tort against the parent corporation, even where the parent and subsidiary are covered by the same workers compensation insurance policy. xvi The employee of a subsidiary is not barred from maintaining a tort action against the parent, notwithstanding that both subsidiaries as well as the parent are covered by the same workmen s compensation policy. xvii Personal injury products liability suits against the parent corporation of plaintiff s employer are not barred by New York s Worker s Compensation Law where the parent corporation was separate and independent from employer. xviii Immunity from suit under North Carolina s Workmen s Compensation Act does not necessarily extend to an employer s parent corporation. xix The Act s exclusivity provisions do not preclude the assertion of negligence claims for wrongful death of an employee against the employer s parent companies. xx A parent corporation can only be considered an employer of the employees of a subsidiary corporation when that parent has control or custody of the employment, place of employment, or the employee. xxi A parent company can be liable for the injury of the employee of its subsidiary where the employee has an independent cause of action for negligence against the parent corporation. xxii Under Oregon law, once a defendant voluntarily undertakes to perform a duty, that defendant has a duty to do so with due care. xxiii Oregon courts have not held that a parent company - sued by a subsidiary s employee - is immune from tort liability. A parent company of a wholly-owned subsidiary can be held liable in tort by injured employees of the subsidiary, unless the parent exercises control over the
4 South Carolina Tennessee Texas Utah Virginia Washington Wisconsin subsidiary s operations to the extent that it takes on the role of employer. xxiv A parent corporation is generally not immune from an action in tort by an injured employee of its subsidiary by virtue of the employee s entitlement to workers compensation. xxv Parent corporation can be sued for its own independent acts of negligence and is not immune from tort liability for workmen s compensation purposes. xxvi An injured employee of a subsidiary corporation who is estopped under an exclusive remedy provision from suing his employer may nonetheless bring a third-party claim against the subsidiary s parent or sibling corporation. xxvii A parent company can be held liable for its own direct acts of negligence, as well as in instances where it voluntarily assumes certain duties regarding workplace safety when those duties are not performed in a reasonable and prudent manner. xxviii For purposes of Virginia s Workers Compensation Act, right of control is the determining factor in ascertaining parties status in analysis of employment relationship, and employer-employee status exists (with accompanying statutory tort immunity) if the party for whom the work is to be done has the power to direct means and methods by which the employee does the work. xxix In Washington, a parent company and its subsidiaries are treated as one entity for the purposes of immunity under the Washington Industrial Insurance Act. xxx Immunity from tort liability under the Worker s Compensation Act for the injuries of the employees of subsidiaries does not extend to a parent corporation which assumes a duty to its subsidiary employees, and that parent is held to a standard of reasonable care even if their actions are only supplemental to, rather than in lieu of, the practices of the subsidiary. xxxi B. Strict liability Equipment manufacturers and suppliers can be held strictly liable if their products cause or contribute to a worker s injury. Strict liability generally means that even if the manufacturer or supplier acted reasonably and exercised all possible care in designing, manufacturing, and selling the product, the manufacturer or seller will be found liable if the product was defectively designed or manufactured, or if it did not adequately warn the user relative to dangers inherent in the product. Whether a product was defectively designed or manufactured almost always requires expert testimony. Generally, when a plaintiff accuses a defendant of designing a defective product, the plaintiff must demonstrate that an alternative design capable of preventing the plaintiff s injuries existed at the time the product left the manufacturer s hands. Many steel mill accident cases involve equipment that was manufactured and sold 5, 10, sometimes 20 or 30 years before the accident. Accordingly, manufacturers and sellers of legacy equipment can expect a plaintiff to claim: 1) during the intervening 5, 10 or 30 years, the manufacturer became aware of technological advancements that rendered the equipment comparatively unsafe inasmuch as the advancements would have prevented the accident; and thus, 2) the manufacturer or seller should have recalled, retrofitted, or sent a post-sale warning notice to the end-user. In a 2013 Louisiana wrongful death case entitled Moyer v Siemens, xxxii a steel worker was injured while using an argon stir station and ladle transfer car manufactured and installed in Plaintiff argued that Siemens had a post-sale duty to warn Mr. Moyer s employer about technological improvements associated with argon stir stations and ladle transfer cars. Plaintiff also argued that patents in the early 1980s indicated that automatic gas coupling technology existed and was knowable at the time the manual coupling technology left Siemens predecessor s hands. (Siemens ultimately obtained a defense verdict at trial). And, in Solen v ArcelorMittal, the litigants alleged that manufacturers of the EAF and the water cooled side panels should have provided post-sale information about a) EAF off gas alarms; and, b) the use of EAF spray cooling as a safer alternative.
5 The following chart provides a state-by-state overview of the law pertaining to manufacturers post-sale duties: Mill Location Post- Sale Duty to Warn? Table II. Imposition of Post-Sale Duties (in steel mill states): Nature of the Duty Alabama No N/A Arkansas No N/A California No N/A Colorado Yes A product must have been defective and unreasonably dangerous at the time it was manufactured and sold in order for Colorado law to impose a post-sale duty to warn. xxxiii Georgia Yes Georgia law imposes a duty on manufacturers to warn of a danger arising from the use of a product once that danger becomes known to the manufacturer. This duty to warn is a continuing one and may arise months, years, or even decades after the date of the first sale of the product. xxxiv Illinois No N/A Indiana No xxxv N/A Iowa Yes Iowa has adopted the Restatement (Third) of Torts: Product Liability s formulation of the post-sale duty to warn. xxxvi This duty applies to situations in which the manufacturer learns of a defect or hazard in one of its products after some or all of that model or type of products have been sold, the end users can be identified and communicated with, and the risk of injury or death resulting from the hazard is greater than the burden of providing the notice to the end users. Kentucky Unclear The issue has not yet been decided, but the District Court for the Eastern District of Kentucky predicted that the duty would not be recognized. xxxvii However, if a manufacturer does undertake the duty to make a post-sale warning, it must make the warning available to the end user. xxxviii Kentucky imposes no independent duty to retrofit a product that is not defective at the time of sale. xxxix Louisiana Yes Manufacturer who, after its product has left its control, acquires knowledge of a characteristic of the product that may cause damage and the danger of such characteristic, or who would have acquired such knowledge had he acted as a reasonable prudent manufacturer, is liable for damage caused by his subsequent failure to use reasonable care to provide an adequate warning of such characteristic and its danger to users and handlers of the product. xl Michigan Yes If the manufacturer is not aware of the defect until after manufacture or sale, it has a duty to warn upon learning of the defect; if there exists a point-of-manufacture duty to warn, a postmanufacture duty to warn necessarily continues upon learning of the defect. xli Minnesota Yes Minnesota law imposes a post-sale duty to warn of dangers associated with using a product when the following special circumstances are present: knowledge of a problem with the product, continued sale or advertising of the product, and a pre-existing duty to warn of dangers associated with the product. xlii Mississippi No N/A Nebraska No xliii N/A New Jersey Yes When a manufacturer fails to include a warning on a product, but subsequently learns, or should have learned, of the dangers associated with the product (or if the product contains an inadequate warning to address the later-discovered danger), the manufacturer owes a duty to warn of the dangers as soon as reasonably feasible. xliv New York Yes Risks revealed by user operation and brought to the attention of the manufacturer or vendor may impose upon one or both a duty to warn (the question of what triggers the post-delivery duty to warn is a function of the degree of danger that the product presents, the number of instances reported, the burden of providing warning, and the burden or ability to track North Carolina Yes product after sale). xlv A manufacturer must keep abreast of the state of the art and may be liable for failing to warn of dangers that come to light after initial distribution of the product. xlvi However, New York courts have declined to impose a post-sale duty to recall or retrofit a product, and instead, have limited post-sale obligations to the duty to warn. xlvii Failure of a manufacturer or seller to give adequate warning or instruction is a basis for a statutory cause of action if, after the product left the defendant s control, defendant became aware that the product posed a substantial risk of harm to foreseeable users and yet did not
6 take reasonable steps to warn or instruct. xlviii This post-sale duty to warn does not extend beyond the six-year limit imposed by North Carolina s Statute of Repose. xlix Ohio Yes Ohio claimants may establish a post-marketing warnings defect by showing that the manufacturer knew or should have known of the relevant risk at a relevant time after [the product] left the control of its manufacturer and the manufacturer failed to provide the postmarketing warning or instruction that a manufacturer exercising reasonable care would have provided... in light of the likelihood that the product would cause harm of the type at issue and in light of the likely seriousness of that harm. l Oklahoma Probably No Unclear. In a case involving a drug manufacturer the Oklahoma Supreme Court found a continuing duty to warn of all potential danger, which the manufacturer knew, or should have known, in the exercise of reasonable care, to exist. This duty requires the manufacturer to maintain current information gleaned from research, adverse reaction reports, scientific literature, and other available methods. li However, the federal District Court for Oklahoma s Western District has found, in two decisions, that the above rule is inapplicable in a typical product liability case, and that evidence of remedial measures (including post-sale warnings) may not be used to prove negligence or to otherwise evidence culpable conduct. lii Oregon No liii N/A Pennsylvania Yes A post-sale duty to warn arises in Pennsylvania where a manufacturer believes it has sold a non-defective product and subsequently learns that the product was actually defective when placed in the stream of commerce. liv However, there is no post-sale duty to recall or warn about technological advances where the defect did not exist in the product at the time of sale. lv South No N/A Carolina Tennessee No N/A Texas Yes, but limited In Texas, a post-sale duty to warn only exists in two situations: (1) If the manufacturer regains a significant degree of control over the product, and the product is determined to be defective during that period of control, the manufacturer can be held liable for damages resulting from that defect under the theory of postsale strict liability; lvi OR (2) If a manufacturer assumes a post-sale duty and then does not use reasonable means to discharge that duty, the manufacturer may be liable for breach of a post-sale duty to warn. lvii Utah Yes The federal district court for the District of Utah, applying Utah law, concluded that the Utah Supreme Court would adopt a post-sale duty to warn for the original manufacturer and seller if it was presented with the issue. lviii Virginia Split among courts The Supreme Court of Virginia has not yet affirmatively recognized a post-sale duty to warn on the part of a manufacturer. lix There is split authority in the lower courts. Washington Yes The Washington Product Liability Act adopts a common law negligence standard for providing warnings or instructions where the manufacturer learned or should have learned about a danger after the product was manufactured. The general rule is that a post-sale duty to warn arises after a manufacturer has sufficient notice about a specific danger associated with the product. lx In providing such warning, the manufacturer must act as a reasonably prudent manufacturer and exercise reasonable care to inform product users. lxi Wisconsin Yes Although Wisconsin does not recognize an absolute, continuing duty to warn of new safety devices that eliminate potential hazards, under limited circumstances, a manufacturer may be liable under a post-sale duty to warn. lxii C. Insurability of punitive damages Punitive damages are a special category of damages designed, not to compensate the plaintiff, but rather to punish a defendant for wanton or egregious conduct. In the event a defendant is named in a suit seeking punitive damages, a critical question is whether a punitive damages award is insurable. The answer to the question depends on the location of the mill. The following chart provides a state-by-state overview of the law pertaining to insurability of punitive damages:
7 Table III. Punitive Damages Insurability (in steel mill states) States in which Punitive Damages are Insurable Alabama, Arkansas, Georgia, Iowa, Kentucky, Louisiana, Mississippi, North Carolina, Oregon, South Carolina, Tennessee, Virginia, Wisconsin States in which Punitive Damages are NOT Insurable California, Colorado, Illinois, Minnesota, New Jersey, New York, Ohio, Oklahoma, Pennsylvania, Utah States in which Punitive Damage Insurability is Unclear Indiana lxiii and Texas lxiv States in which Punitive Damages are Unavailable Michigan, Nebraska, Washington D. OSHA general duty clause During an OSHA accident investigation, OSHA will sometimes cite an injured steelworker s employer under the so-called general duty clause when the injury is linked to legacy equipment that lacks integrated safety features available on newer equipment. For example, OSHA recently invoked the general duty clause in the following instances: Moyer v Siemens accident- A ladle transfer car that did not allow for automatic coupling. OSHA imposed citations and indicated that a reasonable means of abatement would be Eliminat(ing) direct human contact with and being close to molten steel ladles by installing an automatic argon coupling system. lxv Solen v ArcelorMittal accident - Electric arc furnace water panels without integrated monitoring devices. OSHA imposed citations and indicated that a reasonable means of abatement would be installing resistance temperature detectors and related monitoring systems. lxvi Developing the hypothetical case A good plaintiffs lawyer will begin a lawsuit by casting a broad net and naming any entity with any connection to the ladle or the ladle transfer car. The lawyer will also try to proceed -- at least initially -- with as many theories of liability as possible. Oftentimes the lawyer will seek punitive damages in order to, among other things, drive a wedge between the defendant and the defendant s insurance company. As an initial matter, John Worker will file a lawsuit against 123 Manufacturing Company and XYZ Steel. He will proceed under negligence and strict liability theories and he will seek punitive damages. Plaintiff will file a Complaint and argue: XYZ Steel assumed a duty to John Worker and other steelworkers, negligently inspected the equipment, and negligently provided oversight relative to worker safety issues. If XYZ Steel had acted reasonably, it would have successfully recommended that ABC Steel Mill upgrade its ladle and ladle transfer car with automatic gas coupling technology. 123 Manufacturing Company s ladle and ladle transfer car were defective in their design by virtue of not possessing integrated, automatic argon gas coupling technology. 123 Manufacturing had a duty that arose at least four years before the accident to do the following: a) send a warning letter to the mill; and b) initiate a recall; or c) offer to retrofit the existing equipment with automatic argon gas coupling technology. Plaintiff will point to the OSHA report and the OSHA general duty citations in support of his claims that: automatic gas coupling was a feasible alternative at the time of the accident, and the steel mill s parent XYZ Steel failed to furnish a place of employment that is free from the recognized hazard of coming in contact with molten steel during the process of making steel when it took on a safety role and assumed a duty to John Worker and other steelworkers in ABC Steel s mill. Given that Colorado is the hypothetical situs of John Worker s accident, the hypothetical litigation can be evaluated as follows: XYZ s Steel s insurance company and 123 Manufacturing Company s insurance company will not be responsible for covering any punitive damages at trial; Under Colorado law, there is "no post-sale duty to warn or remedy when the product was non-defective under standards existing at the time of manufacture. lxvii " There have never been U.S standards dictating automatic or manual coupling for ladle transfer cars. Accordingly, the critical question is whether, at the time the ladle transfer car was sold 20 years ago, automatic coupling technology was known or knowable in light of the generally recognized and prevailing scientific and technical knowledge available at the time of
8 manufacture and distribution. lxviii Thus, if it was knowable that automatic coupling technology was a safer alternative at the time 123 Manufacturing Company sold the manual coupling technology 20 years ago, then the manual coupling technology was arguably defective when it left 123 Manufacturing Company s hands, and 123 Manufacturing Company had a duty over the intervening 20 years to notify ABC Steel Mill about the existence of automatic gas coupling technology. Notably, Colorado courts have held that there is no duty to retrofit or recall under these types of circumstances. lxix Under Colorado law, a parent and subsidiary enjoy and benefit from corporate separateness and must bear the responsibility and liability of such separateness. Accordingly, XYZ Steel will likely be unable to avail itself of the workers compensation immunity enjoyed by ABC Corporation. Each of the defendants will answer the complaint and deny all material allegations. Thereafter, a lengthy period of discovery will ensue including document exchanges and witness depositions. Plaintiff s attorneys will attempt to elicit the following with respect to XYZ Steel: XYZ had a history of issuing worker safety recommendations to ABC. XYZ reviewed, approved, and/or edited job safety analysis sheets or job protocol sheets. XYZ knew about automatic coupling technology before the accident. XYZ could have, but did not, recommend upgrading to automatic coupling technology. XYZ was part of the accident investigation team and made recommendations relative to equipment upgrades and expenditures. This evidences the ability to control its subsidiary s operation and worker safety program and/or the ability to dictate equipment upgrades. Plaintiff s attorneys will attempt to elicit the following with respect to 123 Manufacturing Company: Automatic gas coupling technology obviates the need for a steelworker to come in close proximity to the ladle. John Worker s accident would not have occurred if automatic gas coupling technology had been integrated into the ladle and ladle transfer car. 123 Manufacturing had automatic gas coupling equipment in its product portfolio before the accident, but it did not send a product safety advisory, retrofit notice, or recall notice to ABC. At the time the ladle transfer car left 123 Manufacturing Company s hands 20 years before the accident, the ladle transfer car was defective because the superior alternative design (i.e. automatic gas coupling) existed. Plaintiff will thus conduct extensive discovery to establish that automatic coupling was being used in a steel mill (somewhere in the world) at the time 123 Manufacturing Company sold the manual coupling technology to ABC Steel Mill. If Plaintiff cannot establish this, then Plaintiff will use his expert to conduct a US patent and international patent search to show that an automatic coupling design had been conceived and was known or knowable at the time 123 Manufacturing sold the manual coupling technology to ABC Steel Mill. XYZ s attorney will attempt to establish the following: XYZ had no binding authority to issue safety recommendations to ABC. ABC was not obligated to follow the safety recommendations. XYZ made simple recommendations (e.g. install guarding, update job safety analysis sheets, improve job training, etc.). XYZ never made recommendations for massive equipment upgrades or overhauls. John Worker was contributorily negligent. 123 Manufacturing Company s attorney will attempt to establish the following: Before the accident, ABC Steel Mill knew (or should have known) about automatic gas coupling as an alternative to manual coupling. 123 Manufacturing Company would have no obligation to warn an entity about information with which the entity is already institutionally familiar. While automatic gas coupling is indeed safer than manual coupling, manual coupling is not inherently unsafe. Manual coupling can be accomplished safely if the mill takes proper precautions (i.e. guarding, proper personal protective equipment, best practices relative to freeboard and adding alloys, etc.)
9 At the time the ladle transfer car left 123 Manufacturing Company s hands 20 years ago, a superior alternative design (i.e. automatic gas coupling) was not in use in any steel mill, and irrespective of whether plaintiff can point to a 20 year old automatic gas coupling patent, plaintiff cannot show that the patented design could have been successfully developed and put into trade or commerce. CONCLUSIONS Here are three obvious statements: 1) technology is constantly evolving; 2) accidents happen; and, 3) the United States is uniquely litigious. With these truisms in mind and in order to maximize productivity and profitability, and ensure worker safety - mills and manufacturers should be cognizant of: state-specific, post-sale duties; OSHA s use of the general duty clause when arguably obsolete legacy equipment is implicated in a steelworker accident; state-specific rules regarding punitive damages insurability; and, the interplay between workers compensation immunity and the assumption of duty doctrine. ACKNOWLEDGMENTS The author thanks Joseph Jacobs for his valuable research assistance. Mr. Jacobs is a third year law student at Fordham University School of Law, and an intern with The Sultzer Law Group, P.C. REFERENCES i Solen, Winski, Rogers v ArcelorMittal USA, et al. Philadelphia Court of Common Pleas, May Term, 2009 No ii Richardson v. PSB Armor, Inc., 682 So.2d 438 (Ala. 1996). iii Palmer v. Tracor, Inc., 856 F.2d 1131 (8 th Cir. Ct. App. 1988). iv Gigax v. Ralston Purina Co., 136 Cal.App.3d 591 (1982). v Peterson v. Trailways, Inc. 555 F.Supp. 827 (D.Colo. 1983); see also Gaber v. Franchise Services, Inc., 680 P.2d 1345 (Colo. Ct. App. 1984). vi O Brien v. Grumman Corp., 475 F.Supp. 284 (S.D.N.Y. 1979)(applying Georgia law)(citing Ga. Code ). vii McDaniel v. Johns-Manville Sales Corp., 487 F.Supp. 714 (N.D. Ill. 1978)(citing S.H.A. Ill. Ch ). viii McQuade v. Draw Tite, Inc., 659 N.E.2d 1016 (Ind. 1995). ix Veasley v. C.R.S.T. Intern., Inc., 553 N.W.2d 896 (Iowa 1996). x Boggs v. Blue Diamond Coal Co., 590 F.2d 655 (6 th Cir. Ct. App., 1979); see also K.R.S et seq., (2), xi Bujols v. Entergy Services, Inc., 922 So.2d 1113 (La. 2004). xii Green v. Windsor Mach. Products., Inc., 173 F.3d 591 (6 th Cir. Ct. App. 1999). xiii Thao v. St. Jude Medical, Inc., 2004 WL , *2 (Minn. Ct. App. 2004). xiv Mississippi Code 1942, , xv Index Drilling Co. v. Williams, 137 So.2d 525 (Miss. 1962). xvi Hofferber v. City of Hastings, 275 Neb. 503 (Neb. 2008). xvii Mingin v. Continental Can Co., 171 N.J. Super. 148 (1979); Lyon v. Barrett, 89 N.J. 294, 302 (1982)( Related corporations may not extend from one to another the immunity accorded by workers compensation laws. ). xviii Samaras v. Gatx Leasing Corp., 75 A.D.2d 890 (N.Y. Sup. Ct. A.D. 1980). xix Phillips v. Stowe Mills, Inc., 167 S.E.2d 817 (N.C. Ct. App. 1969)(Immunity from suit under Workmen s Compensation Act does not necessarily extend to employer s parent corporation when the parent owns the building in which the employee worked, even though the parent owned all of the employer s stock and had common offices and management). xx Richmond v. Indalex Inc., 308 F.Supp.2d 648 (M.D.N.C. 2004). xxi Nemeth v. J.C. Baxter Co., Inc., 1982 WL 6256 (Ohio Ct. App. 1982). xxii Love v. Flour Mills of America, 647 F.2d 1058 (1981); see also Hearn v. Petra Intern. Corp., 710 P.2d 769 (Okla. Ct. App. 1985)( [T]he tort system should not deny recovery in an increasingly concentrated economy to an injured employee due to the fortuitous circumstances that the tortfeasor is not a stranger but is controlled by the same business enterprise that controls his immediate employer. ). xxiii Laubach v. Industrial Indem. Co., 286 Or. 217 (1979); citing W. **1150 Prosser, Torts , s 56 (4th ed 1971). xxiv Mohan v. Continental Distilling Corp., 422 Pa. 588, (1966); Ropele v. Dravo Corporation, 1980 WL (Ohio Ct. App. 1980). xxv Poch v. Bayshore Cocnrete Products/South Carolina, Inc., 747 S.E.2d 757 (S.C. 2013). xxvi Latham v. Technar, Inc., 390 F.supp (E.D. Tenn. 1974).
10 xxvii Stoddard v. Ling-Temco-Vought, Inc., 513 F.Supp. 314 (C.D. Cal. 1980)(applying Texas law). xxviii Smith v. Atlantic Richfield Co., 814 F.2d 1481 (10 th Cir. Ct. App. 1987). xxix Intermodal Services, Inc. v. Smith, 364 S.E.2d 221 (Va. 1988)(citing Va. Code 1950, et seq.) xxx Minton v. Ralston Purina Co., 47 P.3d 556 (Wash. 2002); RCWA , xxxi Miller v. Bristol-Myers Co., 485 N.W.2d 31 (Wis. 1992). xxxii Moyer v. Siemens Vai Servs., LLC, 2013 U.S. Dist. LEXIS (E.D. La. June 28, 2013). xxxiii Romero v. Int l Harvester Co., 979 F.2d 1444, 1450 (10 th Cir. 1992).; Perlmutter v. U.S. Gypsum Co., 4 F.3d 864, 870 (10 th Cir. 1993). xxxiv Ga. Code Ann (c); Watkins v. Ford Motor Co., 190 F.3d 1213, 1218 (11 th Cir. 1999). xxxv Tober v. Graco Children s Prods., 431 F.3d 572, 579 (7 th Cir )(leaving open the possibility of future recognition of such a duty under the Indiana Product Liability Statute, but declining to create one in the case at issue). xxxvi Lovick v. Wil-Rich, 588 N.W.2d 688, 696 (1999). xxxvii Cameron v. DaimlerChrysler, Corp., 2005 U.S. Dist. LEXIS 24361, at *17-20((E.D. Ky. Oct. 20, 2005). xxxviii Montgomery Elevator Co. v. McCullough,, 676 S.W.2d 776, (Ky. 1984). xxxix Ostendorf, 122 S.W.3d at xl La. Rev. Stat. Ann. 9: C. xli Gregory v. Cincinnati, Inc., 450 Mich. 1, 11 (1995). xlii Kociemba v. G.D. Searle & Co. 707 F.Supp. 1517, 1528 (D.Minn. 1989). xliii The 8th Circuit applying Nebraska law, has predicted that Nebraska law would hold that a manufacturer does not have either a post-sale duty to warn of dangers or a post-sale duty to retrofit a product, but expressly did not address whether others in the chain of distribution might have such a duty. Anderson v. Nissan Motor Co., 139 F.3d 599, (8 th Cir. 1998). xliv N.J. Stat. Ann. 2A:58C-4; Dixon v. Jacobsen, 270 N.J. Super. 569 (App. Div. 1994); Molino v. B.F. Goodrich Co., 261 N.J. Super. 85 (App. Div. 1992); Seeley v. Cincinnati Shaper Co., Ltd., 256 N.J. Super. 1 (App. Div. 1992); Lally v. Printing Mach. Sales & Serv. Co., 240 N.J. Super. 181 (App. Div. 1990). xlv Cover v. Cohen, 61 N.Y.2d 261, 275 (1984). xlvi Id.; See also Lindsay v. Ortho Pharm. Corp., 637 F.2d 87, 91 (2d Cir. 1980). xlvii Adams v. Genie Indus., Inc., 14 N.Y.3d 535, (2010). xlviii N.C. Gen. Stat. 99B-5(a)(2); Smith v. Selco, Inc., 96 N.C.App. 151, 158 (1989). xlix Mills v. G.M., 1997 U.S. App. LEXIS 18839, *6 (4 th Cir. 1997). l Ohio Rev. Code Ann (A)(2). li McKee v. Moore, 1982 OK 71m 648 P.2d 21; See also Shuman v. Laverne Farmers Co-op., 1991 OK CIV APP 2, 809 P.2d 76 (accepting, with minimal analysis, the proposition that every manufacturer has a continuing duty to warn). lii Wicker v. Ford, 393 F.Supp.2d 1229 (W.D. Okla. 2005). (No duty to retrofit or warn post-sale); Smith v. Sears Roebuck & Co., 2006 WL (W.D. Okla. Jan. 9, 2006). liii The Oregon Supreme Court held that the ordinary contract relationship for the sale of goods does not create an active and continuous relationship and consequently does not call for the imposition of a special rule creating a post-sale duty to warn. Cavan v. General Motors Corp., 280 Ore. 455, 458 (1977). However, a post-sale duty to warn has been imposed on drug manufacturers, although Oregon courts have not articulated circumstances in which other sellers may have such a continuing duty to warn. McEwan v. Ortho Pharm. Corp., 270 Or. 375, 385 (1974). liv Padilla v. Black & Decker Corp., 2005 U.S. Dist. LEXIS 4720, *17 (E.D. Pa. 2005). lv Lance v. Wyeth, 4 A.3d 160, (Pa. Super. 2010); DeSantis v. Frick, 745 A.2d 624 (Pa. Super. 1999); Lynch v. McStome & Lincoln Plaza Assocs. 548 A.2d 1276 (Pa. Super. 1988). lvi Torres v. Caterpillar, Inc., 928 S.W.2d 233, 240 (1996). lvii Bryant v. Giacomini S.p.A., 391 F.Supp.2d 495, 503 (N.D. Texas 2005). lviii Dowdy v. Coleman Co., Inc., 2011 WL (D. Utah 2011). lix Harris v. T.I., Inc., 243 Va. 63 (1992)(assuming, without deciding, that in a proper case the Supreme court of Virginia would recognize a successor corporation s post-sale duty to warn, although no such duty could arise under the facts alleged.) lx Esparza v. Skyreach Equip., Inc., 103 Wash. App. 916, 935 (2000). lxi Wash. Rev. Code (1)(c); see Couch v. Mine Safety Appliances Co., 107 Wash. 2d 232, 239 n.5(1986). lxii See, e.g., Sharp ex rel. Gordon v. Case Corp., 227 Wis. 2d 1, 26 (1999). lxiii A federal district court, predicting Indiana law, held that Indiana public policy would be violated if a defendant were permitted to pass punitive damages on to an insurance company. See Grant v. N. River Ins. Co., 453 F. Supp (N.D. Ind. 1978). lxiv The Texas Supreme Court explained that Texas public policy does not prohibit insurance coverage for punitive damages within the context of workers compensation claims. Fairfield Ins. Co. v. Stephens Martin Paving, L.P., 246 S.W.3d 653 (Tex. 2008). The Court declined to decide the extent to which punitive damages are insurable in other contexts (e.g. personal injury lawsuits). Accordingly, the issue remains undecided.
11 lxv lxvi lxvii Perlmutter v. United States Gypsum Co., 4 F.3d 864, 869 (10th Cir. Colo. 1993). lxviii Fibreboard Corp. v. Fenton, 845 P.2d 1168, 1175 (Colo. 1993). lxix Romero v. International Harvester Co., 979 F.2d 1444, 1452 (10th Cir. Colo. 1992).
COMPARATIVE NEGLIGENCE RULES & BI/PD STATUTES OF LIMITATIONS This survey of state laws is a quick reference guide that should only be used as a starting point in researching the applicable law to a given
MEDICAL MALPRACTICE STATE STATUTORY REFERENCE GUIDE 41 MEDICAL MALPRACTICE STATE STATUTORY REFERENCE GUIDE The following references to statutes relevant to medical malpractice cases are intended exclusively
GUIDELINES FOR ONLINE SUBMISSION OF APPLICATIONS Important Note/Information for the applicants: It is in the interest of the applicants to study in detail and thoroughly observe the guidelines given in
INFORMATION SHEET FOR LEGAL PRACTIONERS KEY DIFFERENCES BETWEEN THE UNIFORM LAW AND THE NEW SOUTH WALES AND VICTORIAN LEGAL PROFESSION ACTS The Legal Profession Uniform Law (Uniform Law) commenced in NSW
State STATE BY STATE ANTI-INDEMNITY STATUTES Sole Negligence Sole or Partial Negligence Closes A.I. Loophole Comments Alabama Alaska Alaska Stat. 45.45.900. Except for hazardous substances. Arizona (Private
National Compendium of Statutes of Repose for Products Liability and Real Estate Improvements By Alan R. Levy Current as of September 1, 2010. Note: This chart is not an exhaustive list of the characteristics
Summary of statutory or regulatory provision by entity. Alabama As long as may be necessary to treat the patient and for medical legal purposes. Ala. Admin. Code r. 545-X-4-.08 (2007). (1) 5 years. Ala.
United States Workers Compensation/Indemnification Overview January 18, 2012 Jill Kirila email@example.com Kevin Hess firstname.lastname@example.org 36 Offices in 17 Countries Workers Compensation
Alabama any other person called upon to render aid to any child ALA. CODE 26-14-10 Alaska ALA. CODE 26-14-3(a) paid employees of domestic violence and sexual assault programs, and crisis intervention and
The Exclusive Remedy Provision State-by-State Survey By James A. Reiter and James J. Ranta The following survey is provided in summary fashion and was compiled by the author in cooperation with the member
4820 8 TH STREET SALEM, OREGON 97301 C&A MM Inventory Relieve & Post to Job Cost Installation and Setup Instructions with Process Flow The general purpose of this program is to relieve parts from inventory
ERISA FIDUCIARY RESPONSIBILITY: FIDUCIARY RELIANCE ON REGISTERED INVESTMENT ADVISORS WHITE PAPER Gary J. Caine, FSA REGIONAL DIRECTOR INTRODUCTION Plan sponsors have become more concerned about the investments
ADULT PROTECTIVE SERVICES, INSTITUTIONAL ABUSE AND LONG TERM CARE OMBUDSMAN PROGRAM LAWS: CITATIONS, BY STATE (Laws current as of 12/31/06) Prepared by Lori Stiegel and Ellen Klem of the American Bar Association
LITIGATION OF PRODUCTS LIABILITY CASES IN EXOTIC FORUMS - PUERTO RICO By Francisco J. Colón-Pagán 1 I. OVERVIEW OF PUERTO RICO LEGAL SYSTEM A. Three branches of government B. Judicial Branch 1. Supreme
Tiara Condominium: The Demise of the Economic Loss Rule in Construction Defect Litigation and Impact on the Property Damage Requirement in a General Liability Policy By Heather Howell Wright, Bradley Arant
Introduction The RAJI (CIVIL) 5th Product Liability Instructions refer only to manufacturers and sellers. These instructions should be expanded when appropriate to include others in the business of placing
CHAPTER 1 GENERAL PROVISIONS Section 1. Authority. (a) These rules and regulations are promulgated by the Wyoming State Board of Nursing pursuant to it s authority under the Wyoming Nurse Practice Act,
SURVEY OF THE CURRENT INSURANCE REGULATORY ENVIRONMENT FOR AFFINITY MARKETIG ARRANGEMENTS (FORC Journal: Vol. 23 Edition 4 - Winter 2012) Kevin G. Fitzgerald, Esq. (414) 297-5841 N. Wesley Strickland (850)
This chart accompanies Protection From Creditors for Retirement Plan Assets, in the January 2014 issue of The Tax Adviser. State-by-state analysis of IRAs as exempt property State State Statute IRA Alabama
Alabama Ala. Code 5-25-5 Bond only required where licensee does not submit evidence of net worth. Loan originators may be covered by Alaska 25,000 Alaska Stat. 06.60.045 Arizona $10,000-$15,000 Ariz. Rev.
0-State Analysis School Attendance Age Limits 700 Broadway, Suite 810 Denver, CO 80203-32 303.299.3600 Fax: 303.296.8332 Introduction School Attendance Age Limits By Marga Mikulecky April 2013 This 0-State
Monterey County Behavioral Health Policy and Procedure Policy Title Alcohol and Other Drug Programs - Narcotic Treatment Programs References See each specific subsection for applicable references Effective
SHIPS FROM MADRAS NAME OF SHIP DATE OF ARRIVAL Truro November 16, 1860 Lord George Bentinck December 24, 1860 Tyburnia March 20, 1861 Earl of Hardwick September 21, 1863 Scindian October 29, 1863 Rajasthana
MATTHIESEN, WICKERT & LEHRER, S.C. 1111 E. Sumner Street P.O. Box 270670 Hartford, WI 53027 (262) 673-7850 (262) 673-3766 (Fax) www.mwl-law.com 50 STATE DEDUCTIBLE REIMBURSEMENT CHART July 2007 STATE ALABAMA
Model Regulation Service April 2005 Corporate Owned Life Insurance (COLI) is life insurance a corporate employer buys covering one or more employees. With COLI, the employer is generally the applicant,
Choice of Law Governing Asbestos Claims By David T. Biderman and Judith B. Gitterman Choice of law questions in asbestos litigation can be highly complex. The court determining choice of law must often
Product Liability Recalls on the Rise: Legal Strategies Texas... and Beyond Larry D. Grayson and Pryce G. Tucker Hartline Dacus Barger Dreyer LLP 6688 N. Central Expressway, Suite 1000 Dallas, Texas 75206
Chapter 99B. Products Liability. 99B-1. Definitions. When used in this Chapter, unless the context otherwise requires: (1) "Claimant" means a person or other entity asserting a claim and, if said claim
Model Regulation Service - January 1993 These Guidelines have been prepared for use by state insurance department personnel who may be presented with questions or concerns regarding charitable gifts of
APPENDIX 1 PRIMARY SOURCES BY JURISDICTION This appendix contains citation information about reporters, statutory compilations, session laws, and administrative compilations and registers for state, territorial,
False Claims Act Regulations by State Under the False Claims Act, 31 U.S.C. 3729-3733, those who knowingly submit, or cause another person or entity to submit, false claims for payment of The purpose of
Life Without Parole (JLWOP) February 2010 STATE LWOP Law JLWOP 1 ALABAMA YES 62 0 court Ala. Stat. 13A-6-2 ALASKA No LWOP parole always possible No -- -- - Max. age of 18 yrs. old Alaska Stat. 11.41.100
PRODUCT LIABILITY Product Liability Litigation The Effect of Product Safety Regulatory Compliance By Kenneth Ross Product liability litigation and product safety regulatory activities in the U.S. and elsewhere
National Conference of State Legislatures Discrimination Laws Regarding Off-Duty Conduct Updated October 18, 2010 The issue of employees' rights to engage in certain off-duty activities and in the competing
CURRICULUM VITAE ALEXANDER ALEC R. ROTHROCK Born Evanston, Illinois 1959 Burns, Figa & Will, P.C. Plaza Tower One, Suite 1000 6400 South Fiddler s Green Circle Greenwood Village, CO 80111 Telephone: (303)
If you have questions regarding Product Liability, please contact Bruce Schoumacher via email@example.com www.querrey.com 2012 Querrey & Harrow, Ltd. All rights reserved. B. PRODUCT LIABILITY ILLINOIS
NONJUDICIAL TRANSFER OF TRUST SITUS CHART 1 This chart provides a survey of the State statutory provisions for all States and the District of Columbia relating to the nonjudicial transfer of the principal
1444 I St NW, Suite 1105 Washington, DC 20005 (202) 289-7661 Fax (202) 289-7724 I. Introduction HEALTH CARE INTERPRETERS: ARE THEY MANDATORY REPORTERS OF CHILD ABUSE? 1 As the nation continues to diversify
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION JASON LONG, Plaintiff, v. NO. 0:00-CV-000 ABC THE CHABON GROUP, INC., Defendant. DEFENDANT S MOTION FOR SUMMARY JUDGMENT
UniFirst.com Uniform Program Options Uniform Cost-Sharing Regulations Uniform cost-sharing through employee payroll deductions presents many benefits to both the uniform wearer and the company. The net
Risk Management Policy PURPOSE: NEW/REVISED POLICY: The California State Student Association maintains a Risk Management Policy to ensure the ongoing identification of potential risks and threats to the
Professional Indemnity Proposal Form Specific and Miscellaneous Professions Please complete the whole form to the best of your ability, clarifying any areas where necessary and continuing on a separate
Discovery in Bad Faith Insurance Claims: State of the Law, Successful Strategies Teleconference Program Wednesday, March 29, 2006 Topic III A. Who is suing? Does it matter? 1. Whether suit is brought by
Jonathan Hancock and Joann Coston-Holloway, Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, with PLC Labor & Employment A Note describing state guns-at-work laws, sometimes known as parking lot laws.
In Corporate Transactions will the Insurance Follow the liabilities? b y M i c h a e l H. G i n s b e r g a n d I a n F. L u p s o n Companies buying and selling corporate assets and subsidiaries often
Default Definitions of Person in State Statutes State Alabama ALA. CODE 1-1-1 (2014) 1-1-1. Definitions. The following words, whenever they appear in this code, shall have the signification attached to
SPECIAL CONDITION OF CONTRACTS i) The contractors should quote the rate in figures as well as in words, and amount tendered by them. The amount for each item should be worked out and the requisite totals
Internet, broadband, and cell phone statistics By: Lee Rainie, Director January 5, 2010 Overview In a national survey between November 30 and December 27, 2009, we find: 74% of American adults (ages 18
Revisiting The Duty to Defend After the Exhaustion of the Policy Limits Introduction The duty to defend and the duty to indemnify are distinct duties with the duty to defend wider in scope than the duty
ATTORNEYS MAKING OUT LIKE BANDITS: IT IS LEGAL, BUT IS IT ETHICAL? By Elizabeth Ann Escobar I. IN WHOSE BEST INTEREST?...2 II. COMPENSATION: WORDS MATTER...3 III. EDUCATION AND STATUTORY REFORM...5 IV.
Postsecondary Tuition and Fees Introduction Tuition-Setting Authority for Public Colleges and Universities By Kyle Zinth and Matthew Smith October 2012 Who sets tuition? Regardless of the state in question,
Case 2:09-cv-00532-JPH Document 23 Filed 02/02/10 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MICHAEL WALKER : CIVIL ACTION : v. : : NO. 09-532 BIG BURGER RESTAURANTS,
STATE OF MICHIGAN COURT OF APPEALS FEDERAL INSURANCE COMPANY, Plaintiff, UNPUBLISHED July 1, 2004 v No. 245390 Livingston Circuit Court ARMADA CORPORATION HOSKINS LC No. 01-018840-CK MANUFACTURING COMPANY,
Exhibit B State-By-State Data Security Overview Michele A. Whitham Partner, Founding Co-Chair Security & Privacy Practice Group Foley Hoag LLP 155 Seaport Boulevard Boston, MA 02210 State Statute Citation
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION JAMES D. FOWLER, ) ) Plaintiff, ) ) v. ) Case No.: 08-cv-2785 ) UNITED STATES OF AMERICA, ) Judge Robert M. Dow,
Statute of Limitations for Suits Against Attorneys: Contract or Tort? When a former client brings a malpractice suit against an attorney, is the suit normally a tort action or a contract action? Does it
VCF Program Statistics (Represents activity through the end of the day on June 30, 2015) As of June 30, 2015, the VCF has made 12,712 eligibility decisions, finding 11,770 claimants eligible for compensation.
Older Persons Elder Abuse Prevention Unit Contact Details Elder Abuse Prevention Unit PO Box 108, Fort Valley Q 4006 Phone: 07 3250 1955 Email: firstname.lastname@example.org Author Daniel Hann The law does not provide
Chicago Estate Planning Council January 22, 2012 State Income Taxation of Trusts - Fifty-One Different Stories and a Few Surprise Endings Christine L. Albright Holland & Knight LLP This document is not
STATE SECURITY DEPOSIT LAWS August 14, 2013 IREM Legislative White Paper Table of Contents Common Provisions in Security Deposit Laws..2 Limits on the Size of Deposits...2 Return of Deposit...2 Deductions.
Order Code RL32928 CRS Report for Congress Received through the CRS Web Breastfeeding and Jury Duty: State Laws, Court Rules, and Related Issues May 17, 2005 Douglas Reid Weimer Legislative Attorney American
Deal or Appeal Thursday, November 16, 2006 4:30 PM to 5:45 PM Room # B405 TM adventurelaw APPEAL OR DEAL: DEFENDING AN ACCIDENT AT YOUR FACILITY Prepared By R. Wayne Pierce, Esquire The Pierce Law Firm,
Kinsale Insurance Company P. O. Box 17008 Richmond, VA 23226 (804) 289-1300 www.kinsaleins.com MANUFACTURERS SUPPLEMENTAL APPLICATION COMMERCIAL GENERAL LIABILITY COMPLETE IN ADDITION TO ACORD APPLICATIONS.
MEALEY S LITIGATION REPORT Reinsurance Piercing The Veil Of Reinsurance: Reinsurance Cut Throughs In Insurance Carrier Insolvencies by Joseph C. Monahan, Esq. Saul Ewing LLP Philadelphia, PA A commentary
MARKETING AND SALE OF TRAVEL INSURANCE GETS TOUGHER IN NEW YORK (FORC Journal: Vol. 18 Edition 2 - Summer 2007) According to Bureau of Transportation statistics at the U.S. Department of Transportation,
Case 4:10-cv-01249 Document 103 Filed in TXSD on 10/09/13 Page 1 of 7 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION TOP PEARL, LTD., Plaintiff, v. CIVIL ACTION H-10-1249 COSA
Cancellation/Nonrenewal Surplus Lines Exemptions * Indicates updates in laws or regulations for the state Contact: Tina Crum, email@example.com, 847-553-3804 Disclaimer: This document was prepared by
INTRODUCTION INVESTIGATIONS GONE WILD: Potential Claims By Employees By: Maureen S. Binetti, Esq. Christopher R. Binetti, Paralegal Wilentz, Goldman & Spitzer, P.A. When can the investigation which may
Property Insurance By: Michael S. Sherman Chuhak & Tecson P.C. Chicago Extra-Contractual Damages Against Insurers: What is the Statute of Limitations? Background The Illinois Legislature has provided a
State Definition Citation Text ALABAMA MORTGAGE BROKERS LICENSING ACT Mortgage broker means any person who directly or indirectly solicits, Ala. Code 5 25 2(9) processes, places, or negotiates mortgage
THE PROPERTY TAX PROTEST PROCESS A summary of the appeal procedures under the Texas Property Tax Code Presented by: Jason C. Marshall THE MARSHALL FIRM PC 302 N. Market Suite 510 Dallas TX 75202 214.742.4800
Fees For Worker's Source Of Payments To Worker's Worker's Fee Worker's Fee Formula Alabama Statutory formula: 15% N/A Alaska As stated, 25% of first $1,000 and 10% of 10% of recovery or actual fees, Paid
PRODUCTS LIABILITY LAW: COMPARING THE APPROACH IN OREGON AND WASHINGTON By Bruce C. Hamlin John R. Barhoum Lane Powell PC Portland, This article appeared in the Spring 2005 issue of the State Bar's Products
Model Regulation Service June 2004 MODEL REGULATION TO REQUIRE REPORTING OF STATISTICAL DATA Table of Contents Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. Section
LABORATORY CORPORATION OF AMERICA HOLDINGS BUSINESS PRACTICES MANUAL Subject: Compliance With False Claims Acts Section: 27.0 Under Federal and State Laws Update: January 2015 Replaces: January 2013 Initiated
Cook v. Lowes Home Ctrs., Inc. NO. COA10-88 (Filed 18 January 2011) Workers Compensation foreign award subrogation lien in North Carolina reduced no abuse of discretion The trial court did not abuse its
Case: 1:10-cv-08146 Document #: 27 Filed: 06/29/11 Page 1 of 8 PageID #:342 TKK USA INC., f/k/a The Thermos Company, UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION Plaintiff,
Michigan Prepared by Cardelli Lanfear P.C. 322 West Lincoln Royal Oak, MI 48067 Tel: 248.850.2179 Fax: 248.544.1191 1. Introduction History of Tort Reform in Michigan Michigan was one of the first states
Group 63 Seminar on Magnetism Massachusetts Institute of Technology Digital Computer Laboratory Archives Collection No. 12 Donor: Division VI Document Room Restriction: MITRE Personnel Contract a19( 122)
MEDICAL MALPRACTICE IN NEBRASKA A LEGAL PRIMER Parsonage Vandenack Williams LLC Attorneys at Law TABLE OF CONTENTS INTRODUCTION... 1 Nebraska Statutes Impacting Malpractice Litigation:... 1 The Nebraska
Video Voyeurism Laws Federal Law Video Voyeurism Prevention Act of 2004, 18 U.S.C.A. 1801. Jurisdiction limited to maritime and territorial jurisdiction, or federal property including but not limited to
IN THE SUPREME COURT OF TEXAS 444444444444 NO. 13-0776 444444444444 CHAPMAN CUSTOM HOMES, INC., AND MICHAEL B. DUNCAN, TRUSTEE OF THE M. B. DUNCAN SEPARATE PROPERTY TRUST, PETITIONERS, v. DALLAS PLUMBING
Product Liability Risks for Distributors: The Basics Susan E. Burnett Bowman and Brooke LLP Whereas.... State laws vary widely and change frequently, Every case is different, I'm not your lawyer.. Disclaimer:
STATE OF OREGON TRANSPORTATION COMPENDIUM OF LAW Rodney L. Umberger, Jr. Marc M. Carlton Williams Kastner 888 SW Fifth Avenue, Suite 600 Portland, OR 97204 Phone: (503) 228 7967 Email: firstname.lastname@example.org
1. PARTIES TO A PRODUCTS LIABILITY ACTION A. Plaintiffs Individuals, corporations, and other business entities may allege strict product liability tort claims. A strict product liability plaintiff, whether
SAME-SEX ADOPTION LAWS BY STATE The issue of adoption by same-sex couples has moved to the forefront in recent years. Liberty Counsel was instrumental in upholding the constitutionality of Florida s ban