Sunday, July 23, 2006
Nebraska Supreme Court upholds a summary judgment for once: Ash Grove cement quarry complied with Federal Mine Safety Rules so Federal OSHA rules did not apply in 3rd party workers injury action against cement plantDidier v. Ash Grove Cement Co., 272 Neb. 28 Filed July 21, 2006. No. S-03-924. We conclude that because the Mine Safety Health Act (MSHA) (preemption provision 29 U.S.C. § 653(b)(1)) had exercised jurisdiction, the Court of Appeals erred as a matter of law in concluding that there was a genuine issue of material fact as to whether MSHA or the Occupation Safety and Health Act (OSHA )(preemption provision 29 U.S.C. § 653(b)(1) (2000)) should have jurisdiction, and we further conclude that the district court did not err when it found that there was no evidence that Ash Grove had breached any relevant MSHA regulation.
Posted by stan_sipple at 5:55 AM