Litigation Section

This section provides the trial attorney with information on the most recent trends in trial techniques through annual seminars and its newsletter. The section currently produces a quarterly case update to the members of the section.

Chair
Owings, Wilson & Coleman
800 Riverview Twr 900 S Gay St
Knoxville, TN 37902
(865)522-2717
Staff Coordinator
Tennessee Bar Association
221 4th Avenue N. Suite 400
Nashville, TN 37219
(615)383-7421

U.S. Department of Labor Cites Contractor, Staffing Agency Following Fatal Trench Collapse

OSHA has proposed penalties totaling $152,618 against a construction company and a staffing agency after a trench collapse killed a temporary employee installing sewer lines, according to a press release on the agency's website. Regulators issued willful and serious citations to All Power Construction Corp. for allowing employees to work in a trench without cave-in protection, failing to provide a safe means to enter and exit the trench, and not having a competent person inspect the trench to identify potential hazards. The temporary employer, Labor Finders of Tennessee, was cited for not ensuring that employees were trained on trenching and excavation hazards. The companies have 15 business days from receipt of their citations and proposed penalties to comply, request an informal conference with OSHA's area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

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Knoxville Based Boat Company Accused of Violating Patent Injunction

Cobalt Boats LLC filed a motion in federal court on May 11 accusing Brunswick Corporation's Knoxville based Sea Ray brand of violating an injunction order by continuing to infringe on Cobalt's patented flip-down "retractable swim step," according to a press release issued on Wednesday. Cobalt contends that the swim steps currently sold on Sea Ray boats are not significantly different from the Sea Ray swim steps found to be an infringement in a previous trial, in which Cobalt was awarded upward to $5.4 million.

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