Sixth Circuit Stays Implementation Of EPA’s “Clean Water Rule”
Posted on Oct 9, 2015 in Energy/Environmental, Litigation | Comments Off on Sixth Circuit Stays Implementation Of EPA’s “Clean Water Rule”
Earlier today, the Sixth Circuit stayed the implementation of the EPA’s “Clean Water rule,” which purported “through increased use of bright-line boundaries” to make “the process of identifying waters protected by the Clean Water Act easier to understand, more predictable and consistent with the law and peer reviewed science, while protecting the...
Refinery’s Insurance Claims Following Supply Interruption Caused By Pipeline Rupture Taken Up In Arkansas
Posted on Sep 28, 2015 in Energy/Environmental, Investigations, Litigation | Comments Off on Refinery’s Insurance Claims Following Supply Interruption Caused By Pipeline Rupture Taken Up In Arkansas
An Arkansas refinery received oil from a pipeline owned and operated by a third party. In 2007, the pipeline owner inspected the pipeline and identified anomalies at various locations. The inspection vendor, however, misidentified one anomaly as a seam weld unlikely to cause a failure but this particular weld anomaly caused the pipeline to rupture in April 2012. After the rupture,...
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...
Illinois Court Finds Subcontractor’s Insurer Must Defend Contractor Following Workplace Incident
Posted on Sep 22, 2015 in Construction, Litigation, OSHA | Comments Off on Illinois Court Finds Subcontractor’s Insurer Must Defend Contractor Following Workplace Incident
An Illinois court yesterday confronted an insurer’s duty to defend an additional insured under the terms of a commercial general liability policy issued to a third party following a workplace incident. In 2012, a subcontractor’s employee fell off a roof, sustained serious injuries, and brought a personal injury action against the project’s general contractor. The...
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...
Seventh Circuit Affirms Judgment Preventing Part Of Plaintiff’s $25 Million Recovery On Assigned Claims
Posted on Aug 8, 2015 in Litigation, Product Liability | Comments Off on Seventh Circuit Affirms Judgment Preventing Part Of Plaintiff’s $25 Million Recovery On Assigned Claims
Under a settlement agreement, the owners and operators of a large yacht agreed to pay an individual who fell and was paralyzed $25 million, payable solely through an assignment of their claims against their insurers. The insurer for Defendant A filed a declaratory judgment action seeking a determination that it did not owe a duty under the pertinent policies to defend or indemnify...
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