Kentucky Appellate Court Affirms Dismissal of Case Alleging Private Nuisance and Negligent Trespass Based on Alleged Water Supply Contamination by Local Oil Company
Posted on Apr 4, 2014 in Energy/Environmental | Comments Off on Kentucky Appellate Court Affirms Dismissal of Case Alleging Private Nuisance and Negligent Trespass Based on Alleged Water Supply Contamination by Local Oil Company
On two occasions in 2008 and 2009, the Kentucky Department of Environmental Protection issued an advisory to the residents surrounding Whitesburg, Kentucky not to use the water pumped out of the local water treatment plant. The first advisory followed seepage of potential sludge out of a plastic-lined pit at an oil plant and into the Kentucky River. The second advisory followed a...
“Paymaster” May Not Be Considered Rig Worker’s Employer In Context Of Vicarious Liability For Negligence Under General Maritime Law
Posted on Apr 3, 2014 in Energy/Environmental, Litigation, OSHA, Workplace Safety | Comments Off on “Paymaster” May Not Be Considered Rig Worker’s Employer In Context Of Vicarious Liability For Negligence Under General Maritime Law
Confronted with an issue of first impression in the Fifth Circuit, the U.S. District Court for the Eastern District of Louisiana concluded that where a company serves only as a “paymaster,” that company cannot be considered a rig worker’s employer in the context of vicarious liability for negligence under general maritime law. The court granted summary judgment to the company serving...
OSHA Sends Message With $2.3 Million Proposed Fine That Exposing Workers to Hazardous Substances Without Proper Training, Safeguards, and Precautions Is Not Acceptable
Posted on Apr 2, 2014 in Construction, Energy/Environmental, OSHA | Comments Off on OSHA Sends Message With $2.3 Million Proposed Fine That Exposing Workers to Hazardous Substances Without Proper Training, Safeguards, and Precautions Is Not Acceptable
OSHA has proposed fines of more than $2.3 million for a New York real estate developer for exposing its workers and the workers of various contractors to asbestos and lead hazards during cleanup operations of a psychiatric center in preparation for a tour of the site by potential investors. The work at issue included removing asbestos- and lead-contaminated debris, asbestos-containing...
FAA Proposes $325,000 Civil Penalty Against Chemical Company for Hazardous Materials Violations
Posted on Apr 1, 2014 in Energy/Environmental, Transportation | Comments Off on FAA Proposes $325,000 Civil Penalty Against Chemical Company for Hazardous Materials Violations
The FAA recently proposed a $325,000 civil penalty against a chemical company for alleged violations of HAZMAT Regulations. The FAA alleges that the company shipped a hazardous material on two separate cargo flights. The material, Acrolein, can become explosive when combined with air and is classified as a toxic/poisonous material under federal law. Acrolein is prohibited from being...
District Courts Increasingly Reluctant To Grant Summary Judgment on Borrowed Servant Doctrine
Posted on Apr 1, 2014 in Energy/Environmental, Litigation, Workplace Safety | Comments Off on District Courts Increasingly Reluctant To Grant Summary Judgment on Borrowed Servant Doctrine
Seven miles off the coast of Mobile, Alabama, a worker was injured when he fell from a pipe onto a natural gas platform while attempting to re-bolt a flange that was leaking flammable gas. Following the incident, the worker filed for and received workers’ compensation benefits under the Longshoreman and Harbor Worker Compensation Act. Employed by a services company, the worker...
BP Prior Incidents Again at Issue in Oil Spill Litigation
Posted on Mar 31, 2014 in Energy/Environmental, Process Safety, Product Liability, Workplace Safety | Comments Off on BP Prior Incidents Again at Issue in Oil Spill Litigation
As we previously reported in “Be Prepared for the Inevitable ‘Process Safety’ Attack,” Corporate Counsel (Jan. 23, 2014), available here, the private plaintiffs in last year’s liability trial stemming from the 2010 Gulf oil spill were permitted to introduce evidence of some of BP’s most notable prior incidents through the opinion of a renowned process safety expert,...
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