Eleventh Circuit Affirms Dismissal Of Claims Alleging Violation Of Constitutional Rights Related To Bench Trial Of Workers’ Compensation Case
Posted on Jun 26, 2014 in Litigation | Comments Off on Eleventh Circuit Affirms Dismissal Of Claims Alleging Violation Of Constitutional Rights Related To Bench Trial Of Workers’ Compensation Case
A pro se plaintiff brought suit in the U.S. District Court for the Southern District of Alabama against her former attorney and doctor for alleged violations of her constitutional rights, claiming that her attorney violated her Sixth, Eighth, and Fourteenth Amendment rights by preventing her from receiving a jury trial and failing to adequately represent her interests in a workers’...
Fourth Circuit Lacks Jurisdiction To Review District Court’s Remand Order In FELA Case In Spite Of LHWCA Defense
Posted on Jun 25, 2014 in Litigation, Transportation | Comments Off on Fourth Circuit Lacks Jurisdiction To Review District Court’s Remand Order In FELA Case In Spite Of LHWCA Defense
A railroad employee working as a control operator and brakeman at a terminal created to load coal from rail cars onto ocean-bound vessels was injured and awarded benefits under the Longshore and Harbor Workers’ Compensation Act (“LHWCA”) after tripping on coal dust and debris that had been allowed to accumulate by the railroad tracks. The employee later filed a negligence claim...
NEW JERSEY FEDERAL COURT GRANTS JUDGMENT ON THE PLEADINGS ON RAIL YARD EMPLOYEE’S NEGLIGENCE CLAIM, ALLOWS FELA CLAIM TO PROCEED
Posted on Jun 24, 2014 in Litigation, Transportation | Comments Off on NEW JERSEY FEDERAL COURT GRANTS JUDGMENT ON THE PLEADINGS ON RAIL YARD EMPLOYEE’S NEGLIGENCE CLAIM, ALLOWS FELA CLAIM TO PROCEED
An employee of a company that provides intermodal services at rail yards was severely injured while unlocking boxcars and subsequently filed suit against his employer and others seeking damages under the Federal Employment Liability Act (“FELA”) and for common law negligence. His employer moved for judgment on the pleadings arguing that (1) it is not subject to the FELA and therefore...
West Virginia Federal Court Holds FRSA Retaliation Claim Not Affected By Arbitration Pursuant to Collective Bargaining Agreement
Posted on Jun 19, 2014 in Litigation, Transportation | Comments Off on West Virginia Federal Court Holds FRSA Retaliation Claim Not Affected By Arbitration Pursuant to Collective Bargaining Agreement
A railroad terminated a conductor after determining he was partially responsible for a train derailment. The conductor appealed his termination pursuant to the arbitration provisions in his collective bargaining agreement and the Railroad Labor Act (“RLA”). He separately filed an administrative complaint for retaliation under the Federal Railroad Safety Act (“FRSA”), alleging he was...
Massachusetts Holds Automotive Manufacturer Owes Duty To Defend Dealer Only for Claims Alleging Manufacturer Was Sole Cause of Defective Motor Vehicle
Posted on Jun 14, 2014 in Litigation, Product Liability, Transportation | Comments Off on Massachusetts Holds Automotive Manufacturer Owes Duty To Defend Dealer Only for Claims Alleging Manufacturer Was Sole Cause of Defective Motor Vehicle
The Supreme Judicial Court of Massachusetts confronted yesterday under what circumstances a motor vehicle manufacturer owes a duty under Massachusetts law to defend a motor vehicle dealer against a claim “predicated upon the negligent design or manufacture of a new motor vehicle, or any part or component thereof?” The court had to interpret the state’s law that provides for...
Texas Federal Court Denies Railroad’s Motion To Dismiss Retaliation Case Under FRSA’s “Kick-Out” Provision
Posted on Jun 10, 2014 in Litigation, Transportation | Comments Off on Texas Federal Court Denies Railroad’s Motion To Dismiss Retaliation Case Under FRSA’s “Kick-Out” Provision
In December 2010, a railroad employee filed an administrative claim under the Federal Rail Safety Act (“FRSA”) alleging that the railroad retaliated against him for reporting a rail yard safety condition. OSHA investigated the claim and attempted to conduct closing conferences in August and October 2011, but the employee insisted on additional investigation. OSHA eventually dismissed...
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