Wisconsin Federal Court Upholds 30-Day Challenge Provision In Retrospective Workers’ Compensation Policy
Posted on Jul 26, 2014 in Litigation | Comments Off on Wisconsin Federal Court Upholds 30-Day Challenge Provision In Retrospective Workers’ Compensation Policy
The U.S. District Court for the Western District of Wisconsin granted summary judgment to a workers’ compensation insurer on an insured’s counterclaim that compliance with a 30-day requirement for making challenges to payments under the workers’ compensation policy was not feasible. Under the parties’ retrospective workers’ compensation policy and a casualty insurance agreement, all...
Arbitration Award Of More Than $20 Million Against Texas Oil And Gas Company Allowed To Stand
Posted on Jul 25, 2014 in Energy/Environmental, Product Liability | Comments Off on Arbitration Award Of More Than $20 Million Against Texas Oil And Gas Company Allowed To Stand
In a case arising out of an oil and gas company’s mineral lease and operations in Hidalgo County, Texas, a group of landowners initiated a suit against the company to recover for environmental damages caused to the property. The plaintiffs alleged that the company deposited hazardous materials on the property that contaminated the soil and ground water, including mercury-contaminated...
Department of Transportation Proposes Long-Awaited Rulemaking for Crude-by-Rail
Posted on Jul 23, 2014 in Energy/Environmental, Transportation | Comments Off on Department of Transportation Proposes Long-Awaited Rulemaking for Crude-by-Rail
Today, the U.S. Department of Transportation unveiled the details of its proposed rulemaking to address concerns about transporting large quantities of crude oil and ethanol by rail in a Notice of Proposed Rulemaking (NPRM) and companion Advanced Notice of Proposed Rulemaking (ANPRM). The NPRM applies to trains carrying 20 or more tank carloads of flammable liquids and includes new...
Vessel Owner Did Not Breach “Turnover Duty” Where Injury-Causing Repairs Were Within General Scope Of Shipyard Inspection And Repair
Posted on Jul 23, 2014 in Litigation, OSHA, Workplace Safety | Comments Off on Vessel Owner Did Not Breach “Turnover Duty” Where Injury-Causing Repairs Were Within General Scope Of Shipyard Inspection And Repair
A harbor worker brought claims against a vessel owner under the Longshore and Harbor Workers Compensation Act (“LHWCA”) for injuries he sustained when one of the vessel’s hatch covers blew off during an air pressure test of airtight integrity. The vessel owner filed for summary judgment, arguing that the undisputed facts showed that the vessel owner did not breach any applicable duty,...
Louisiana Federal Court Finds Offshore Helicopter Operator Liable For $1.3 Million In Crash
Posted on Jul 21, 2014 in Energy/Environmental, Product Liability, Transportation, Workplace Safety | Comments Off on Louisiana Federal Court Finds Offshore Helicopter Operator Liable For $1.3 Million In Crash
An offshore worker severely injured in a crash when a helicopter had to abort a take-off from an offshore oil platform brought suit against the helicopter operator and its insurer, the helicopter manufacturer, and the platform owner for negligence. The U.S. District Court for the Eastern District of Louisiana granted summary judgment to the manufacturer, but allowed the plaintiffs’...
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