Secretary Foxx: DOT to Send Draft Rule to White House Next Week Including Tougher Railcar Standards for Crude Oil and Ethanol
Posted on Apr 25, 2014 in Investigations, Transportation | Comments Off on Secretary Foxx: DOT to Send Draft Rule to White House Next Week Including Tougher Railcar Standards for Crude Oil and Ethanol
On Thursday, U.S. Department of Transportation Secretary Anthony Foxx announced he would send the White House a draft rule to enhance the safety of railcars used to transport crude oil and ethanol next week. The announcement came during Secretary Foxx’s visit to Casselton, N.D., the site of a derailment and explosion of Bakken crude oil in December. The draft rule will be the latest...
Mississippi Appellate Court Reverses Dismissal of Workers’ Claims Where Lower Court Relied on Evidence Outside Pleadings Without Converting Motion To Dismiss Into Motion for Summary Judgment
Posted on Apr 23, 2014 in Investigations, Litigation | Comments Off on Mississippi Appellate Court Reverses Dismissal of Workers’ Claims Where Lower Court Relied on Evidence Outside Pleadings Without Converting Motion To Dismiss Into Motion for Summary Judgment
Following an employee’s death in an explosion at his workplace, the employee’s estate filed suit against the worker’s employer, alleging that it “willfully, recklessly, egregiously[,] and intentionally” failed to provide a safe working environment, “with an intent to injure.” The estate also sued the employer’s parent corporation, alleging that it failed to supervise its subsidiary. ...
Shareholder Derivative Suit Closely Follows Utility’s Indictment on Federal Charges Following September 2010 Pipeline Explosion
Posted on Apr 22, 2014 in Investigations, Process Safety, Transportation | Comments Off on Shareholder Derivative Suit Closely Follows Utility’s Indictment on Federal Charges Following September 2010 Pipeline Explosion
In what has become a typical play for plaintiffs’ lawyers following investigations of high profile incidents, an investor filed suit yesterday against current and former officers and directors of a utility for breach of fiduciary duty, alleging the defendants harmed the company by creating a corporate culture that “emphasized profits over customer safety” and contributed to a pipeline...
Product Liability Case Involving Alleged Runaway Mine Car Allowed To Proceed in Alabama Federal Court
Posted on Apr 15, 2014 in Construction, Investigations, Product Liability | Comments Off on Product Liability Case Involving Alleged Runaway Mine Car Allowed To Proceed in Alabama Federal Court
Following significant injuries sustained while riding a mine car that allegedly malfunctioned, a worker brought suit against the manufacturer of two cooling fans in the mine car. The worker’s employer, however, discarded the cooling fans and could not locate them upon receipt of an evidence preservation letter from the plaintiff’s attorney approximately 35 days following the...
Supreme Court of Colorado Will Decide Whether Fracking Toxic Tort Case Can Proceed
Posted on Apr 8, 2014 in Energy/Environmental, Investigations | Comments Off on Supreme Court of Colorado Will Decide Whether Fracking Toxic Tort Case Can Proceed
A Colorado family brought suit against several drilling companies claiming negligence, negligence per se, strict liability, and trespass related to physical and property injuries allegedly caused by drilling activities that contaminated the air, water, and ground near the family’s home. After the parties filed initial disclosures, the companies asked the trial court to enter a Lone...
PHMSA Announces All-Time High in Proposed Penalties in 2013, Continuing Trend of Tougher Enforcement
Posted on Apr 7, 2014 in Investigations, Transportation | Comments Off on PHMSA Announces All-Time High in Proposed Penalties in 2013, Continuing Trend of Tougher Enforcement
On Monday, PHMSA announced that it proposed more than $9.7 million in civil penalties against pipeline operators for safety violations in 2013, marking an all-time high for the agency. PHMSA also announced that it initiated 266 enforcement cases against pipeline operators in 2013, including for problems with pipeline integrity management systems, risk assessments, and failure...
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