Second Circuit Confronts CERCLA Issues In New York Clean-Up Case
Posted on Sep 15, 2014 in Energy/Environmental | Comments Off on Second Circuit Confronts CERCLA Issues In New York Clean-Up Case
The Second Circuit affirmed a New York federal district court’s finding that the successor of a subsidiary’s former parent company could be held liable for a portion of pollution clean-up costs under the Comprehensive Environmental Response Compensation and Liability Act of 1980 (“CERCLA”). In the underlying suit, a power company sued its former parent’s successor for costs incurred...
Dredging Barge Did Not Have To Adhere To One-Call System Before Anchoring In Pipeline Case
Posted on Sep 14, 2014 in Energy/Environmental, Transportation | Comments Off on Dredging Barge Did Not Have To Adhere To One-Call System Before Anchoring In Pipeline Case
Following an allision between a dredging barge and an underwater oil pipeline, the owners of the pipeline brought suit contending that the barge owner/operator failed to notify the Louisiana One Call Notification Center of its intent to anchor its location by lowering its ladder and cutter head (which allegedly damaged the pipeline). As mandated by the U.S. Department of...
West Virginia Federal Court Dismisses Mechanic’s Deliberate Intent Case Against Trucking Company
Posted on Sep 12, 2014 in Litigation, OSHA, Transportation | Comments Off on West Virginia Federal Court Dismisses Mechanic’s Deliberate Intent Case Against Trucking Company
Following a mechanic’s injuries sustained while mounting a tire on a single-piece rim wheel without the use of a cage or other restraining device, and contact by the trucking company of the worker via telephone, social media, and visiting him in the hospital with the alleged improper purpose of convincing him not to file any claims, the worker brought suit for deliberate intent,...
OSHA Announces New Requirements For Reporting Severe Injuries Effective For 2015
Posted on Sep 11, 2014 in OSHA | Comments Off on OSHA Announces New Requirements For Reporting Severe Injuries Effective For 2015
Earlier today, OSHA announced a final rule requiring employers to notify OSHA when an employee is killed on the job or suffers a work-related hospitalization, amputation, or loss of an eye. The rule, which also revises the list of employers partially exempt from OSHA recordkeeping requirements, goes into effect for workplaces under federal OSHA jurisdiction on January 1, 2015. Under...
Railroad Worker’s Retaliation Claims After Filing OSHA Complaint To Proceed
Posted on Sep 11, 2014 in Investigations, Litigation, OSHA, Transportation, Workplace Safety | Comments Off on Railroad Worker’s Retaliation Claims After Filing OSHA Complaint To Proceed
While working as a “train dispatcher,” the plaintiff was involved in an incident that almost resulted in the collision of two passenger trains. Several months later, the plaintiff filed a complaint with OSHA, the federal agency tasked with enforcing the whistleblower protections of the Federal Railroad Safety Act. His OSHA complaint alleged that the railroad instructed...
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>>