OSHA Issues Final Rule To Increase Protection For Construction Workers In Confined Space

On May 1, 2015, OSHA published its final rule for confined spaces in the construction industry. The new regulation covers building construction sites, highways, bridges, tunnels, utility lines, and other types of construction activities. The new rule is similar to the existing general industry rule on confined spaces but differs in several respects.

For more information about the new rule, click here.

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Use of Statutes in Professional Negligence Claims


There is a growing trend occurring in the way professional negligence complaints are being drafted, according to attorney Ron Jones. Plaintiffs’ claims are including alleged violations of regulations and statutes in ordinary professional negligence claims – a ‘back door’ way of getting them into evidence and set as the standard of care.

Should these regulations and statutes be admissible? Jones analyzes this question by comparing the negligence per se standard versus the use of expert testimony to establish standard of care.

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Ron G. Jones

  Ron G. Jones

Mid-Stream Oil and Gas Operations

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What Lies Beneath: Waivers In Historical Coal Deeds May Leave Mid-Stream Operators Without Subjacent Support


In refusing jurisdiction over an Appeal on Wednesday, April 22, 2015, the Pennsylvania Supreme Court effectively indicated that coal may still be king in the Appalachian Basin. The Supreme Court sustained a ruling in favor of a coal mine owner, wherein the Superior Court held that a mid-stream operator was not entitled to subjacent support underneath its pipelines. Specifically, the Superior Court held that the right to subjacent support was previously conveyed away together with the coal in deeds executed in the early 1900s, and that the right had not been re-acquired by the mid-stream company or its predecessors by either a de facto taking or adverse possession. Pa. Servs. Corp. v. Tex. E. Transmission, LP, 98 A.3d 624 (Pa. Super. Ct. 2014), appeal denied, No. 497 WAL 2014, (Pa. April 22, 2015).

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Larry A. Silverman


Larry A. Silverman

Any company or non-profit with an online presence (and these days, that’s just about every company or non-profit of any size) must provide visitors to its website with a number of pieces of information. While the amount of and nature of the information your website will need to include will vary depending on the nature of your business and what information, services and products your website offers, maintaining compliance with the numerous and ever-changing legal requirements applicable to websites requires vigilance and ongoing review. In order to understand and appreciate these legal requirements, it is important to understand how your website operates; the services or products available on the site; whether there are interactive areas where User Generated Content is posted; what, if any, personally identifiable information is collected on the site; whether you plan on sharing the information you collect with third parties; and what steps you are taking to keep the information you collect secure.

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