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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...

Injuries Caused In Oilfield Mud Tank Not Subject To Insurance Policy’s Pollution Exemption

In December 2012, an oilfield worker for a services subcontractor specializing in the cleaning of mud tanks arrived at a worksite and proceeded to clean a tank at the instruction of the general contractor.  The general contractor allegedly failed to inform the worker that the tank contained large quantities of caustic materials and as a result, the worker entered the tank without the...

Indiana Federal Court Holds Insurer Does Not Have Duty To Indemnify Manufacturer’s Contamination Damages

An insurance dispute developed arising from alleged soil and groundwater contamination around an Indiana plant used to manufacture automotive component climate control system parts including radiators, condensers, hoses, compressors, accumulators, fuel injection components, and evaporators.  The aluminum from which the parts were made had to be cleaned, so the site operated 13...

Mining Company Likely Precluded from Litigating Gas Pipeline’s Negligence Claims Against It After Not Contesting Administrative Agency’s Allegations

Following damage to a gas pipeline in Floyd County, Kentucky, the owner of the pipeline brought suit against a mining company alleging that its mining and reclamation activity caused the landslide that damaged the pipeline.  While the case was ongoing in the U.S. District Court for the Eastern District of Kentucky, the Kentucky Division of Mine Reclamation and Enforcement issued the...

Mississippi Supreme Court Affirms Compensatory Damage Award for Asbestos Exposure But Remands for New Punitive Damages Trial

The Supreme Court of Mississippi yesterday upheld a jury’s $250,000 compensatory damages award in favor of a worker for exposure to a chemical company’s asbestos-containing products used to increase the viscosity of drilling mud.  The court, however, reversed a $500,000 punitive damages award and remanded the case for a new trial to determine the appropriate amount of punitive...

Louisiana Federal Court Tosses Tally Man’s Asbestos Exposure Claims Against Railroad

Last week, the U.S. District Court for the Middle District of Louisiana dismissed state common law tort claims brought by a husband and wife against a railroad for injury to the husband as a result of exposure to products containing asbestos.  At the time of the alleged exposure, the husband worked for Baton Rouge or the Greater Baton Rouge Port Commission as a tally man in shipyards...

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