Minnesota Federal Court Allows Elderly Worker’s Claims That She Was Fired For Filing For Workers’ Compensation Benefits To Proceed
Posted on Jul 13, 2014 in Litigation | Comments Off on Minnesota Federal Court Allows Elderly Worker’s Claims That She Was Fired For Filing For Workers’ Compensation Benefits To Proceed
Following a 70-year old worker’s termination by an assisted-living facility, she alleged that she was terminated for seeking workers’ compensation benefits, and that she was discriminated against on the basis of age. The U.S. District Court for the District of Minnesota has allowed her claims to proceed, denying the defendant’s summary judgment motion. The court pointed out that...
Illinois Federal Court Holds Responsible Party Under Oil Pollution Act Does Not Have To Establish Actual Cause Of Incident To Obtain Limitation Of Liability
Posted on Jul 13, 2014 in Energy/Environmental, Litigation, OSHA, Product Liability, Transportation, Workplace Safety | Comments Off on Illinois Federal Court Holds Responsible Party Under Oil Pollution Act Does Not Have To Establish Actual Cause Of Incident To Obtain Limitation Of Liability
In January 2005, a barge exploded in the Chicago Sanitary and Ship Canal. The explosion killed an employee of the barge owner and spilled 4,718 gallons of oil into the canal. The insurers of the barge owner paid more than $8.6 million in costs associated with the removal effort and then sought to recover the costs from the Oil Pollution Act’s Oil Spill Liability Trust Fund through...
Safety Violation Upheld By Kentucky Court Where Injured Electrical Worker Not Wearing PPE And Tensioner Truck Not Grounded
Posted on Jul 12, 2014 in Construction, OSHA | Comments Off on Safety Violation Upheld By Kentucky Court Where Injured Electrical Worker Not Wearing PPE And Tensioner Truck Not Grounded
The reconductoring process involves stringing new power lines alongside existing energized lines to avoid a power disruption. During this process at a site in Meade County, Kentucky in 2009, while a worker was turning the winch on a tensioner mounted in a truck to increase the tension in a power line, the worker, who was not wearing any insulating personal protective equipment (PPE),...
Senator Rockefeller Urges President To Have OMB Act On Crude-By-Rail Proposed Rulemaking
Posted on Jul 11, 2014 in Energy/Environmental, Transportation | Comments Off on Senator Rockefeller Urges President To Have OMB Act On Crude-By-Rail Proposed Rulemaking
Earlier this week, U.S. Senator Jay Rockefeller (D-W.Va.), Chair of the Senate Committee on Commerce, Science, and Transportation, sent a letter to President Obama urging him to have the Office of Management and Budget (OMB) act on the Department of Transportation’s (DOT) proposed crude-by-rail rulemaking “as expeditiously and thoroughly as possible.” Citing the disaster in...
Supreme Court Of Texas Provides “Much-Needed Clarity” To Texas Spoliation Jurisprudence
Posted on Jul 11, 2014 in Investigations | Comments Off on Supreme Court Of Texas Provides “Much-Needed Clarity” To Texas Spoliation Jurisprudence
On July 3, the Supreme Court of Texas issued a significant opinion in Brookshire Brothers, Ltd. v. Jerry Aldridge, No. 10-0846 (Tex. 2014), that clarifies the standards governing the spoliation of evidence in Texas as well as the parameters of a trial court’s discretion to impose a remedy upon a finding of spoliation. The 6-3 decision includes a number of notable holdings, including...
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