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...
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’...
Asbestos MDL Court Concludes Punitive Damages For Unseaworthiness Allowed For Seaman But Not For A Seaman’s Personal Representative In Survival Actions
Posted on Jul 15, 2014 in Energy/Environmental, OSHA, Product Liability, Transportation, Workplace Safety | Comments Off on Asbestos MDL Court Concludes Punitive Damages For Unseaworthiness Allowed For Seaman But Not For A Seaman’s Personal Representative In Survival Actions
In the consolidated asbestos products liability MDL pending in the U.S. District Court for the Eastern District of Pennsylvania, the court had the opportunity last week to address significant issues with respect to the maritime cases in the MDL brought by various merchant marines and their representatives, survivors, and spouses. The court considered whether punitive damages are...
Tenth Circuit Confirms Need To Ensure Safety Recommendations Are Adequately Considered And Implemented
Posted on Jul 14, 2014 in Energy/Environmental, Litigation, OSHA | Comments Off on Tenth Circuit Confirms Need To Ensure Safety Recommendations Are Adequately Considered And Implemented
The Tenth Circuit affirmed a district court’s grant of summary judgment to the owner of an oil refinery on a worker’s intentional tort claim arising from a workplace injury. The worker was a coker process operator and was injured while removing the head of a coke drum, a process that OSHA previously highlighted as carrying particular dangers when drums are removed and “hot spots”...
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...
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