Aerial boom lifts are commonly used on construction sites, but they have a potentially deadly defect that many manufacturers and equipment rental companies have failed to address. An aerial boom lift can be used on a jobsite to place workers at heights instead of using…
The Nebraska Court of Appeals handled that question in Hamilton v. United Parcel Service, No. A-17-102 (Neb. App. 2017). Robert Hamilton (“Hamilton”) filed an action in the Nebraska Workers’ Compensation Court claiming his dementia was due to repeated exposure to carbon monoxide while working as…
Commercial trucking is a vital part of our nation’s economy, the vehicles and their drivers provide the framework of goods distribution to all 50 states and beyond. Yet, it’s not an industry without issues—driver shortages and rising fuel costs alone have commercial carriers scrambling; leaving…
On Nymatore v. Schuerman, (25 Neb. App. 209) the Nebraska Court of Appeals answers that question in an appeal of the grant of summary judgment. On June 19, 2015, Eunice Nyamatore (“Nymatore”) was a passenger on a bus owned and operated by the Omaha Transit…
In 1999, the Institute of Medicine (IOM) released a report called To Err Is Human: Building a Safer Health System that brought to light the issue of hospital patients dying from medical errors; at the time is was guesstimated to be as great as 98,000…
Legal practitioners are closely following the first Cook IVC filter bellwether case as it starts its third week of trial before U.S. District Judge Richard L. Young in the Southern District of Indiana (In Re: Cook Medical, Inc., IVC Filters Marketing, Sales Practices and Products Liability Litigatio
In Hintz v. Farmers Co-op Ass’n., (297 Neb. 903) the Nebraska Supreme Court faced this question. In this case, Ian Hintz (“Hintz”) was working at Farmers Cooperative Association (“Farmers”) as a tire technician and was repairing a tire on a semitrailer when the tire exploded.…
The United States Court of Appeals for the Ninth Circuit calendared oral argument in this case for September 11, 2017. A few weeks prior to the scheduled hearing, the Ninth Circuit cancelled oral argument, determining that the Panel could decide the matter on the Briefs. Unfortunately for…
In Owings v. United of Omaha Life Insurance Company, No. 16-3128, (10th Cir., 2017) the United States Court of Appeals for the Tenth Circuit overturned a lower court’s ruling about when a disability began. Plaintiff Greggory Owings (“Owings”) sustained a disabling injury on the job…
Patients who underwent open-chest surgery and subsequently suffered from serious bacterial infections are filing lawsuits against LivaNova PLC (formerly Sorin Group Deutschland GmbH), the manufacturer responsible for the Stockert 3T Heater-Cooler System. New studies indicate that the Stockert 3T dev
There’s no denying that big pharma means big business—but the big question is, “who is the real benefactor?” While treating America’s ills seems like an altruistic endeavor on the surface, today’s pharmaceutical companies have gone beyond simply pioneering new treatments for age-old health problems
