Railroad Locomotive Engineer Must Plead More Than Fear of Cancer for FELA Claim To Proceed
Posted on Apr 25, 2014 in Product Liability, Transportation | Comments Off on Railroad Locomotive Engineer Must Plead More Than Fear of Cancer for FELA Claim To Proceed
The U.S. District Court for the Eastern District of California dismissed a railroad locomotive engineer’s claims that his employer created an unsafe work environment by doing nothing to mitigate dust from the asbestos used on locomotives and rolling stock. The plaintiff claimed damages for, among other things, mental anguish caused by the fear of cancer and for the failure of his...
Eleventh Circuit Agrees with District Court that $4.35 Million Settlement Cannot Be Enforced Against Insurer
Posted on Apr 25, 2014 in Construction, Litigation | Comments Off on Eleventh Circuit Agrees with District Court that $4.35 Million Settlement Cannot Be Enforced Against Insurer
Working for a subcontractor of a project’s general contractor, a worker fell off a ladder and died as a result of his injuries. His estate brought a wrongful death suit against several defendants including the general contractor. The general contractor claimed that its insurer under a commercial general liability insurance policy had a duty to defend and indemnify the suit. The...
Secretary Foxx: DOT to Send Draft Rule to White House Next Week Including Tougher Railcar Standards for Crude Oil and Ethanol
Posted on Apr 25, 2014 in Investigations, Transportation | Comments Off on Secretary Foxx: DOT to Send Draft Rule to White House Next Week Including Tougher Railcar Standards for Crude Oil and Ethanol
On Thursday, U.S. Department of Transportation Secretary Anthony Foxx announced he would send the White House a draft rule to enhance the safety of railcars used to transport crude oil and ethanol next week. The announcement came during Secretary Foxx’s visit to Casselton, N.D., the site of a derailment and explosion of Bakken crude oil in December. The draft rule will be the latest...
Mine Review Commission Vacates ALJ Penalty Assessment Against Coal Preparation Plant for Relying on Outdated Information
Posted on Apr 23, 2014 in Construction | Comments Off on Mine Review Commission Vacates ALJ Penalty Assessment Against Coal Preparation Plant for Relying on Outdated Information
The Federal Mine Safety and Health Review Commission vacated an ALJ’s penalty assessment in a case brought by MSHA against a coal preparation plant. In his assessment, the ALJ significantly reduced MSHA’s initial penalties for four regulatory violations related to mobile equipment defects. The ALJ based his reductions, in part, on a comparison of the newly assessed penalties to...
Mississippi Appellate Court Reverses Dismissal of Workers’ Claims Where Lower Court Relied on Evidence Outside Pleadings Without Converting Motion To Dismiss Into Motion for Summary Judgment
Posted on Apr 23, 2014 in Investigations, Litigation | Comments Off on Mississippi Appellate Court Reverses Dismissal of Workers’ Claims Where Lower Court Relied on Evidence Outside Pleadings Without Converting Motion To Dismiss Into Motion for Summary Judgment
Following an employee’s death in an explosion at his workplace, the employee’s estate filed suit against the worker’s employer, alleging that it “willfully, recklessly, egregiously[,] and intentionally” failed to provide a safe working environment, “with an intent to injure.” The estate also sued the employer’s parent corporation, alleging that it failed to supervise its subsidiary. ...
FEATURED
The Crisis Response & Incident Investigation Team at Eversheds Sutherland has substantial experience in guiding companies through crises, big and small, in providing a coordinated response to help mitigate risk and liability. More>>