News & Analysis as of

Safety Standards Appeals

Hanson Bridgett

Sixth Circuit Decision Raises the Stakes for Supreme Court Review and Broker Liability

Hanson Bridgett on

The Sixth Circuit recently became the latest Court of Appeals to weigh in on whether the Federal Aviation Administration Authorization Act (FAAAA) preempts claims of negligent carrier selection under state common law for...more

Marshall Dennehey

Court Affirms Dismissal of Product Liability Claim Over Absence of Driver-Assistance Features

Marshall Dennehey on

Berkoski v. Honda Motor Company, Ltd., 328 A.3d 986 (N. J. Super., App. Div. 2025) - This product liability action centered on a fatal auto accident; a head-on collision that the plaintiff claimed could have been prevented if...more

Morrison & Foerster LLP

Tenth Circuit Hears Challenge to Lower Court’s Ruling on High-Powered Magnets

Continuing the Zen Magnets saga, the Consumer Product Safety Commission (CPSC) faces a challenge to a rule banning products containing small, high-powered, separable magnets. CPSC has asserted that these kinds of small,...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Mine Safety and Health Administration Act Enforcement: Federal Appellate Court Addresses Application of Methane Safety Regulations

Co-Author: Elizabeth Strickland The United States Court of Appeals for the D.C. Circuit (“Court”) addressed in a June 16th decision certain Mining Safety and Health Administration (“MSHA”) regulations. See Peabody Midwest...more

Carlton Fields

A Cautionary Note on Honking Your Own Horn

Carlton Fields on

On April 7, 2023, the Ninth Circuit Court of Appeals issued its decision in Porter v. Martinez, which addresses California’s law that prohibits honking a car horn except to warn of a safety hazard. Here, Susan Porter drove...more

Foley & Lardner LLP

CPSC Focuses On Child Safety in the Home

Foley & Lardner LLP on

The Consumer Product Safety Commission (CPSC) has long focused on consumer products that pose unique risks to children, especially products in the home like clothing storage and window coverings; this emphasis has only...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Inability to Wear Protective Equipment Made Employee Unqualified for Position

A number of employers have encountered resistance to mask wearing mandates put in place in response to the COVID-19 pandemic. In some cases, employees assert that they have a medical condition that prevents them from being...more

Seyfarth Shaw LLP

Fifth Circuit Provides New Grounds for Employers to Pursue Late Notices of Contest to OSHA Citations

Seyfarth Shaw LLP on

Seyfarth Synopsis: The United States Court of Appeals for the Fifth Circuit held that an untimely Notice of Contest to an OSHA citation was permissible due to “excusable neglect” by the employer, on account of a single...more

Franczek P.C.

Illinois Appellate Court Case Recognizes Limitations to Tort Immunity Act in Construction Context

Franczek P.C. on

The Local Governmental and Governmental Employees Tort Immunity Act (the “Act”) limits the liability of public bodies for claims of negligence, including in cases based on performance of discretionary functions. ...more

Littler

OSHA Update: Court of Appeals Upholds Employer's Criminal Liability and Maximum Fine in Employee's Death

Littler on

On July 17, 2018, the U.S. Court of Appeals for the Eighth Circuit affirmed a verdict that had found an employer criminally liable for an employee's fatal fall. ...more

Seyfarth Shaw LLP

History Comes Back to Bite Employer — Criminal Conviction and $500,000 Fine Upheld in Eighth Circuit for Violating Fall Protection...

Seyfarth Shaw LLP on

Seyfarth Synopsis: A contractor’s employee fell 36 feet while working at a warehouse construction site and not using fall-protection equipment. ...more

Butler Weihmuller Katz Craig LLP

Trial Court Slips And Falls In Granting Motion For New Trial

On October 21, 2016, Florida’s Second DCA issued a decision in a slip-and-fall case against Wal-Mart that found the trial court erred when it set aside the jury verdict and granted Plaintiff’s motion for new trial on the...more

Cozen O'Connor

AOPA Asks Supreme Court to Review Sikkelee Decision; Urges FAA Preemption

Cozen O'Connor on

In a notable amicus curiae brief, the Aircraft Owners and Pilots Association (AOPA) has asked the U.S. Supreme Court to reverse a decision from the U.S. Court of Appeals for the Third Circuit (Third Circuit), which allowed...more

Parker Poe Adams & Bernstein LLP

Full Eighth Circuit Rejects OSHA's Expansive Reading of Machine Guarding Standard

Earlier this month, in a rare en banc decision, the full Eighth Circuit Court of Appeals held eight to four that the federal Occupational Safety and Health Administration exceeded its authority by interpreting a safety...more

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