James C. Mahan

Trustees of Operating Engineers Pension Trust v. Thornton Concrete Pumping, Inc.

District Court, D. Nevada · 2011-07-25

The case concerned whether JPM Construction, LLC, as a general contractor, could be held liable for unpaid fringe benefit contributions owed by its subcontractor Thornton Concrete Pumping, Inc. to the plaintiff employee benefit trusts under a collective bargaining agreement with the Operating Engineers union. The court granted the plaintiffs' motion for summary judgment and denied JPM's cross-motion, awarding the trusts $4,148.98 in contributions, liquidated damages, and interest (plus attorney fees and costs) for work Thornton performed on JPM projects between 2009 and 2010. The core reasoning was that NRS 608.150 imposes direct liability on contractors for subcontractors' delinquent contributions to protect covered workers, that JPM's subcontracting triggered this obligation, and that no prior notice to JPM was required under Nevada precedent.

labor & employmentbusiness & regulatory

Rader v. TEVA PARENTAL MEDICINES, INC.

District Court, D. Nevada · 2011-06-20

The case involved plaintiff Charles Anthony Rader, Jr., who sued manufacturers and distributors of the generic drug Propofol after receiving notice of potential exposure to bloodborne pathogens from reused vials at an endoscopy center; he sought reimbursement for the procedure and subsequent testing on behalf of a class, alleging strict product liability, breach of implied warranty, negligence, violations of the Nevada Deceptive Trade Practices Act, and punitive damages. The products defendants moved for summary judgment on grounds of federal preemption and that FDA-approved warnings were adequate as a matter of law, while the plaintiff filed a counter-motion. The court denied the defendants' motion for summary judgment and denied in part and granted in part the plaintiff's motion, ruling that federal law does not preempt state failure-to-warn claims against generic manufacturers and that FDA approval of the label does not conclusively bar recovery, though evidence of regulatory compliance may be presented at trial.

torts & liabilityhealthcarebusiness & regulatory

Angle v. Miller

District Court, D. Nevada · 2010-07-09 · cited 1×

Mortgage Electronic Registration Systems, Inc. v. Mitchell (In Re Mitchell)

District Court, D. Nevada · 2009-12-30

Merrick v. Paul Revere Life Insurance

District Court, D. Nevada · 2008-11-17 · cited 13×

American Civil Liberties Union v. Cortez Masto

District Court, D. Nevada · 2008-10-07 · cited 9×

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Decision record

James C. Mahan

Decision record

Affiliations