Counsel for Estate of Worker Killed in Plane Crash Sanctioned for Pursuing Court Action Against Employer
Posted on Mar 11, 2016 in Litigation, Transportation | Comments Off on Counsel for Estate of Worker Killed in Plane Crash Sanctioned for Pursuing Court Action Against Employer
Following a tropical storm, two employees of a solar power plant flew over the sight in one of the employee’s single-engine aircraft to survey the damage from the storm. The plane crashed and one of the workers died. That worker’s Estate brought claims of negligence, negligent hiring, wrongful death under a theory of negligence, and wrongful death under a theory of...
Illinois and Texas Cases Stemming from Lac-Megantic Derailment Transferred to Maine
Posted on Feb 28, 2016 in Energy/Environmental, Litigation, Transportation | Comments Off on Illinois and Texas Cases Stemming from Lac-Megantic Derailment Transferred to Maine
The U.S. District Court for the District of Maine agreed last week to transfer Illinois and Texas cases related to the 2013 crude oil train derailment in Lac-Megantic, Quebec to the District of Maine pursuant to 28 U.S.C. 157(b)(5). The transferred cases include personal injury tort and wrongful death cases pending in the U.S. District Court for the Northern District of Illinois and...
Negligence Limitations Period Not Triggered By Date of Explosion in Arkansas Nitric Acid Case
Posted on Feb 27, 2016 in Construction, Energy/Environmental, Litigation | Comments Off on Negligence Limitations Period Not Triggered By Date of Explosion in Arkansas Nitric Acid Case
Following a 2012 explosion at a nitric acid plant in Arkansas, the owner of the plant brought suit against two subcontractors alleging that their negligence caused the explosion. The subcontractors had performed their work in 2011. Specifically, the owner alleged that the subcontractors “(1) failed to properly and thoroughly clean the interior of replacement oxygen piping...
Limits of General Personal Jurisdiction Taken Up By Second Circuit
Posted on Feb 19, 2016 in Litigation, Product Liability | Comments Off on Limits of General Personal Jurisdiction Taken Up By Second Circuit
Yesterday, the Second Circuit affirmed the U.S. District Court for the District of Connecticut’s decision finding that Connecticut courts could not exercise general jurisdiction over a Maryland aerospace company. The case was brought in Connecticut by a deceased worker’s daughter seeking to recover in tort for injuries related to asbestos exposure in locations outside...
Tenth Circuit Affirms Dismissal of Pollution Case Against Energy Companies
Posted on Feb 10, 2016 in Construction, Energy/Environmental, Litigation | Comments Off on Tenth Circuit Affirms Dismissal of Pollution Case Against Energy Companies
The Tenth Circuit upheld a district court’s order dismissing a group of Oklahoma plaintiffs’ claims for strict liability, negligence, and negligence per se against several companies allegedly responsible for pollution stemming from the generation and disposal of coal-combustion waste and fluid waste from oil and gas drilling. The plaintiffs alleged that “the...
Failure To Amend Insurance Coverage Disclosures Found Sanctionable
Posted on Jan 26, 2016 in Investigations, Litigation | Comments Off on Failure To Amend Insurance Coverage Disclosures Found Sanctionable
On Friday, the U.S. District Court for the Eastern District of Wisconsin granted a motion for sanctions against attorneys representing the manufacturer of a catwalk from which an egg farm worker fell and was seriously injured. At the beginning of the case, the attorneys made the following initial disclosure about available insurance coverage from the company’s German insurer:...
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