Alleged OSHA Violation Claims Escape Discretionary Function Immunity, Judge Says

Alleged OSHA Violation Claims Escape Discretionary Function Immunity, Judge Says

BIRMINGHAM, Ala. - The discretionary function doctrine shields an electricity provider for take-home asbestos exposure claims arising from its federally mandated objective, but claims arising from exposure allegedly arising from violations of federal regulations may proceed, a federal judge held Oct. 29 (Barbara Bobo v. AGCO Corp, et al., No. 12-1930, N.D. Ala.; 2013 U.S. Dist. LEXIS 154622).

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