Illinois Federal Court Holds Responsible Party Under Oil Pollution Act Does Not Have To Establish Actual Cause Of Incident To Obtain Limitation Of Liability
Posted on Jul 13, 2014 in Energy/Environmental, Litigation, OSHA, Product Liability, Transportation, Workplace Safety | Comments Off on Illinois Federal Court Holds Responsible Party Under Oil Pollution Act Does Not Have To Establish Actual Cause Of Incident To Obtain Limitation Of Liability
In January 2005, a barge exploded in the Chicago Sanitary and Ship Canal. The explosion killed an employee of the barge owner and spilled 4,718 gallons of oil into the canal. The insurers of the barge owner paid more than $8.6 million in costs associated with the removal effort and then sought to recover the costs from the Oil Pollution Act’s Oil Spill Liability Trust Fund through...
Injuries Caused In Oilfield Mud Tank Not Subject To Insurance Policy’s Pollution Exemption
Posted on Jul 10, 2014 in Energy/Environmental, Litigation | Comments Off on 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
Posted on Jul 9, 2014 in Construction, Energy/Environmental, Litigation, Transportation | Comments Off on 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...
Kansas Appellate Court Agrees That Independent Medical Examiner’s Report Was Properly Excluded After Improper Contact By Counsel
Posted on Jul 7, 2014 in Investigations, Litigation, Transportation | Comments Off on Kansas Appellate Court Agrees That Independent Medical Examiner’s Report Was Properly Excluded After Improper Contact By Counsel
The Court of Appeals of Kansas affirmed a decision from the state’s Workers’ Compensation Board to exclude the testimony and report of an independent medical examiner as a sanction for the claimant’s counsel’s violation of a no-contact order. The case involved a worker that performed maintenance for an aircraft company for 30-plus years and complained of multiple back injuries. ...
Michigan Federal Court Grants Motion To Dismiss Tort Claims That Failed To Meet LHWCA Exclusivity Exceptions
Posted on Jul 6, 2014 in Litigation, OSHA | Comments Off on Michigan Federal Court Grants Motion To Dismiss Tort Claims That Failed To Meet LHWCA Exclusivity Exceptions
A millwright at a vessel-loading facility was injured when handling mooring cables. His amended complaint included two tort claims against his employer that allegedly fell within limited exceptions to the exclusivity of the Longshore and Harbor Workers’ Compensation Act (“LHWCA”). First, the millwright argued the employer was liable for a maritime tort action because it waived its...
California Appellate Court Remands Workers’ Compensation Appeals Board Finding that Officer’s Off-Duty Exercise Injury Was Not Compensable
Posted on Jun 30, 2014 in Litigation | Comments Off on California Appellate Court Remands Workers’ Compensation Appeals Board Finding that Officer’s Off-Duty Exercise Injury Was Not Compensable
On January 9, 2012, a correctional sergeant injured his knee while at home performing jumping jacks as part of his normal warm-up routine prior to more strenuous exercise. The correctional sergeant reported his injury as work related because it took place while exercising to maintain the physical condition required by his employer, a California county sheriff’s department. A...
FEATURED
The Crisis Response & Incident Investigation Team at Eversheds Sutherland has substantial experience in guiding companies through crises, big and small, in providing a coordinated response to help mitigate risk and liability. More>>