Ninth Circuit Finds Track Inspector’s Negligent Mismanagement Claims Not Preempted By Railway Labor Act
Posted on Apr 23, 2014 in Transportation, Workplace Safety | Comments Off on Ninth Circuit Finds Track Inspector’s Negligent Mismanagement Claims Not Preempted By Railway Labor Act
The Ninth Circuit found that a railroad track inspector’s claims for negligent mismanagement against a railway company were not preempted by the Railway Labor Act. Plaintiff, a union member subject to a collective bargaining agreement, sued the company under Montana law after he was suspended without back pay following a collision incident. Plaintiff alleged that (1) the railway...
New Jersey Appellate Court Finds That Manufacturer Has Duty To Warn That Component Parts of Products Contain Asbestos Even Though Parts Will Be Replaced
Posted on Apr 23, 2014 in Construction, Product Liability | Comments Off on New Jersey Appellate Court Finds That Manufacturer Has Duty To Warn That Component Parts of Products Contain Asbestos Even Though Parts Will Be Replaced
The Superior Court of New Jersey, Appellate Division found that a pump manufacturer had a duty to warn workers that component parts of its pumps contained asbestos even though those parts would later be replaced. Analyzing the question of duty under a strict liability theory, the court held that the plaintiffs were entitled to the inference that the manufacturer knew that its pumps...
MSHA Announces Final Rule Lowering Miners’ Exposure Limits to Respirable Coal Dust; Rule Will Be Challenged
Posted on Apr 23, 2014 in Construction | Comments Off on MSHA Announces Final Rule Lowering Miners’ Exposure Limits to Respirable Coal Dust; Rule Will Be Challenged
The Mine Safety and Health Administration announced today that on May 1, 2014, it will release a final rule to lower miners’ exposure to respirable coal mine dust in underground and surface coal mines. The final rule lowers miners’ acceptable exposure to respirable coal dust by reducing the overall dust standard from 2.0 to 1.5 milligrams per cubic meter of air and cutting the...
Shareholder Derivative Suit Closely Follows Utility’s Indictment on Federal Charges Following September 2010 Pipeline Explosion
Posted on Apr 22, 2014 in Investigations, Process Safety, Transportation | Comments Off on Shareholder Derivative Suit Closely Follows Utility’s Indictment on Federal Charges Following September 2010 Pipeline Explosion
In what has become a typical play for plaintiffs’ lawyers following investigations of high profile incidents, an investor filed suit yesterday against current and former officers and directors of a utility for breach of fiduciary duty, alleging the defendants harmed the company by creating a corporate culture that “emphasized profits over customer safety” and contributed to a pipeline...
U.S. Supreme Court Will Not Hear Case Addressing Standard of Review for MSHA’s Approval of Mining Ventilation Plans
Posted on Apr 21, 2014 in Construction | Comments Off on U.S. Supreme Court Will Not Hear Case Addressing Standard of Review for MSHA’s Approval of Mining Ventilation Plans
Earlier today, the U.S. Supreme Court declined to review a Seventh Circuit holding that a decision of the Secretary of Labor to withhold approval of a coal mine’s ventilation plan is reviewable under an abuse of discretion standard. Underground coal mine operators must have ventilation plans approved by the Secretary of Labor (through the Mine Safety and Health Administration) under...
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