Statute Of Repose Bars Claims That Hexavalent Chromium Exposure Caused Death Of Exposed Worker
Posted on Sep 25, 2015 in Energy/Environmental, Litigation, Product Liability | Comments Off on Statute Of Repose Bars Claims That Hexavalent Chromium Exposure Caused Death Of Exposed Worker
The U.S. District Court for the District of Maryland dismissed claims brought by a family of a deceased worker alleging that the worker’s death resulted from lung cancer caused by prolonged exposure to hazardous chromium ore processing residues (“COPR”) at a Maryland marine terminal. Specifically, plaintiffs claimed that the defendant operated a chromium...
Oil Refinery Owner’s Convictions Related To Uncovered Equalization Tanks Reversed By Fifth Circuit
Posted on Sep 5, 2015 in Energy/Environmental, Investigations | Comments Off on Oil Refinery Owner’s Convictions Related To Uncovered Equalization Tanks Reversed By Fifth Circuit
Yesterday, the Fifth Circuit reversed a petroleum company’s criminal convictions under the Clean Air Act and the Migratory Bird Treaty Act (“MBTA”). The reversal vacated fines of $2 million under the Clean Air Act and $15,000 for each violation of the MBTA. In an unannounced inspection of a Texas refinery in 2012, state environmental inspectors discovered 130,000...
First Circuit Weighs In On Insurer’s Duty To Defend In Pollution Case
Posted on Sep 4, 2015 in Energy/Environmental, Litigation | Comments Off on First Circuit Weighs In On Insurer’s Duty To Defend In Pollution Case
Decades ago, a substantial oil spill occurred in the Salem, Massachusetts area on property owned by a museum. the pollution eventually migrated to the land of a down gradient neighbor, who brought a private claim against the museum. The Massachusetts Department of Environmental Protection issued a Notice of Responsibility to the museum. The museum made a demand on its insurer of...
Railroad Parent Companies Dismissed In Vinyl Chloride Derailment Case
Posted on Aug 23, 2015 in Energy/Environmental, Transportation | Comments Off on Railroad Parent Companies Dismissed In Vinyl Chloride Derailment Case
In litigation arising from a train derailment and resulting release of more than 20,000 gallons of the chemical vinyl chloride, the U.S. District Court for the District of New Jersey granted summary judgment to two railroad parent companies. The court concluded that the plaintiffs could not keep the two railroads, which held a voting interest in the switching and terminal company that...
Land Valuation Expert Allowed To Testify In Oklahoma Groundwater Contamination Case
Posted on Aug 11, 2015 in Energy/Environmental, Investigations, Product Liability | Comments Off on Land Valuation Expert Allowed To Testify In Oklahoma Groundwater Contamination Case
In a case involving alleged groundwater contamination of a group of plaintiffs’ properties located in proximity to a company’s former site used to clean missile motor casings, the U.S. District Court for the Western District of Oklahoma denied the plaintiffs’ request to exclude the testimony of one of the company’s proposed land valuation experts. The...
Insurer Has Duty To Defend Even Though Insured Did Not Immediately Notify Insurer Of Underlying Lawsuit
Posted on Jun 30, 2015 in Energy/Environmental, Litigation, Workplace Safety | Comments Off on Insurer Has Duty To Defend Even Though Insured Did Not Immediately Notify Insurer Of Underlying Lawsuit
The United States sued Company A for discharging pollutants from an offshore platform in the Gulf of Mexico in February 2013 after giving notice to Company A of the alleged violations in March 2012. Company A failed to give notice to its insurer of the potential violations until September 2013 despite an insurance policy that required “immediate notice” of any occurrence that gave...
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