Minnesota Federal Court Dismisses Challenge to Railroad Tariff Without Prejudice Under Doctrine of Primary Jurisdiction
Posted on Jun 3, 2014 in Energy/Environmental, Litigation, Transportation | Comments Off on Minnesota Federal Court Dismisses Challenge to Railroad Tariff Without Prejudice Under Doctrine of Primary Jurisdiction
On May 27, 2014, the U.S. District Court for the District of Minnesota dismissed a case brought by manufacturers of toxic inhalation hazard (“TIH”) commodities and their trade associations that challenged a railroad’s amended tariff under the Hazardous Materials Transportation Act and 49 U.S.C. § 11101, which codifies the common-carrier obligations of railroads. The tariff at issue...
Louisiana Court Affirms Judgments for Exposure to Chemicals Following 2006 Plant Explosion
Posted on May 27, 2014 in Construction, Energy/Environmental, Investigations, Product Liability | Comments Off on Louisiana Court Affirms Judgments for Exposure to Chemicals Following 2006 Plant Explosion
Following lower court judgments finding that plaintiffs were exposed to harmful chemicals from a 2006 chemical plant explosion, the plant owner defendant appealed arguing that while it may have caused the explosion, the plaintiffs failed to prove that the defendant actually caused them to be exposed to chemicals. Last week, the Louisiana Third Circuit Court of Appeals affirmed the...
Sunshine in Litigation Act Introduced in U.S. Senate Could Limit Companies’ Ability To Protect Confidential Information
Posted on May 23, 2014 in Construction, Energy/Environmental, Investigations, Process Safety, Product Liability, Transportation, Workplace Safety | Comments Off on Sunshine in Litigation Act Introduced in U.S. Senate Could Limit Companies’ Ability To Protect Confidential Information
In the wake of the recent automotive cases that have required federal courts to weigh the general public’s health and safety interest against corporate confidentiality when determining whether to seal court records, a bill has been proposed in the U.S. Senate that would prohibit a court from denying public access to information in cases in which the pleadings state facts relevant to...
D.C. Case Serves as Reminder To Involve Outside Counsel in Every Stage of Internal Investigation for Privilege Purposes
Posted on May 21, 2014 in Construction, Energy/Environmental, Investigations, Process Safety, Product Liability, Transportation, Workplace Safety | Comments Off on D.C. Case Serves as Reminder To Involve Outside Counsel in Every Stage of Internal Investigation for Privilege Purposes
If maintaining privilege over the documents generated by an internal investigation is a concern, the involvement of outside lawyers in every step of the process is strongly suggested. The U.S. District Court for the District of Columbia recently provided a reminder of this best practice when analyzing the privilege status of internal investigation documents in a qui tam action. The...
Landowners’ Punitive Damage Claims Based on Drilling Activities Allowed To Proceed in Oklahoma
Posted on May 19, 2014 in Energy/Environmental, Investigations, Product Liability | Comments Off on Landowners’ Punitive Damage Claims Based on Drilling Activities Allowed To Proceed in Oklahoma
The U.S. District Court for the Western District of Oklahoma denied an oil and gas company’s motion for summary judgment that sought to eliminate the plaintiffs’ punitive damages claims. The plaintiffs alleged property damage based on multiple discharges of oil and gas onto their property from the oil and gas company’s neighboring drilling operations. The company admitted to at least...
Alleged Safety Failures in Transporting Crude by Rail Leads to Criminal Charges
Posted on May 13, 2014 in Energy/Environmental, Investigations, Process Safety, Transportation | Comments Off on Alleged Safety Failures in Transporting Crude by Rail Leads to Criminal Charges
The Quebec prosecutor’s office has announced it will seek criminal charges against a rail company and three of its employees following the Lac-Mégantic derailment and explosion last year. The director of criminal and penal prosecutions posted the public statement on the government’s website last evening. The statement asserts, “After having analyzed the body of evidence, the three...
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