Punitive Damages Not Recoverable By Seaman Under Jones Act Or General Maritime Law According To Fifth Circuit
Posted on Oct 12, 2014 in Energy/Environmental, OSHA, Product Liability, Workplace Safety | Comments Off on Punitive Damages Not Recoverable By Seaman Under Jones Act Or General Maritime Law According To Fifth Circuit
In an en banc opinion, the Fifth Circuit reaffirmed that the survivors of a Jones Act seaman as well as injured seamen are not eligible to recover punitive damages under the Jones Act or general maritime law. The court’s opinion reversed a controversial panel opinion, which had held that such damages were available despite years of precedent to the contrary. In the underlying action,...
Tenth Circuit Affirms Indemnification Award Involving Incident At Wyoming Well
Posted on Sep 29, 2014 in Energy/Environmental, Litigation | Comments Off on Tenth Circuit Affirms Indemnification Award Involving Incident At Wyoming Well
In 2001, an owner and operator of oil and gas wells entered into a master services agreement with a contractor for work on a Wyoming well. The agreement contained an indemnity provision whereby the contractor agreed to indemnify the owner “from and against all claims, damages, losses …” resulting from either the contractor’s or the owner’s negligence. Under the contractor’s...
Personal Jurisdiction In USA Exists Over Offshore Company For Injury Off Russian Coast
Posted on Sep 26, 2014 in Energy/Environmental, Litigation, OSHA, Workplace Safety | Comments Off on Personal Jurisdiction In USA Exists Over Offshore Company For Injury Off Russian Coast
Following injuries sustained while working on a vessel off the coast of Russia, a U.S. worker brought suit against multiple entities involved in the operation claiming, among other things, that they provided faulty and unsafe equipment and that they failed to provide a safe workplace. The U.S. District Court for the Eastern District of Louisiana denied the parent company of the...
GAO Releases Report On Oil & Gas Transportation Infrastructure Including Safety Risks
Posted on Sep 23, 2014 in Energy/Environmental, Investigations, Transportation | Comments Off on GAO Releases Report On Oil & Gas Transportation Infrastructure Including Safety Risks
Yesterday, the Government Accountability Office (GAO) released a report on its review of U.S. oil and gas transportation infrastructure issues. Specifically, the report examines the overall challenges that increased domestic oil and gas production may pose for transportation infrastructure, as well as specific pipeline and rail safety risks and the steps the U.S. Department of...
Missouri Appellate Court Agrees That Partners In Smelting Facility Placed Profits Over Safety
Posted on Sep 18, 2014 in Construction, Energy/Environmental, Process Safety, Product Liability | Comments Off on Missouri Appellate Court Agrees That Partners In Smelting Facility Placed Profits Over Safety
Following a 13-week trial in 2011, a Missouri jury awarded sixteen children alleged exposed to lead poisoning from contaminated air and soil a total of nearly $40 million in compensatory damages and $320 million in punitive damages that was allocated among three owners of a lead smelter from 1986 to 1994. The children’s lawyers’ case was focused on the owners placing business profits...
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...
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