Federal Jurisdiction Lacking for Case Alleging Exposure to Hazards from Pipeline Spill
Posted on Apr 13, 2019 in Energy/Environmental, Product Liability, Transportation | Comments Off on Federal Jurisdiction Lacking for Case Alleging Exposure to Hazards from Pipeline Spill
A Utah federal court rejected an oil and gas company’s bid to keep a lawsuit alleging that a crude oil pipeline spill caused a plaintiff’s acute myeloid leukemia in federal court last week. The company argued that the federal court had federal question jurisdiction over the suit, which alleged negligence, strict liability for abnormally dangerous or ultra-hazardous...
Minors’ Involvement Affords Insight into Settlement Numbers for Fatality at Geothermal Plant
Posted on May 11, 2017 in Product Liability | Comments Off on Minors’ Involvement Affords Insight into Settlement Numbers for Fatality at Geothermal Plant
Settlement numbers in wrongful death cases are not often discernible given the confidentiality of most agreements, but where minors are involved, numbers generally are placed into the public record because of the court’s required settlement approval process. Such was the case yesterday in a California wrongful death case arising from a workplace fatality when a worker fell into...
Eleventh Circuit Upholds Verdict in “Take-Home” Asbestos Case
Posted on May 3, 2017 in Energy/Environmental, Product Liability | Comments Off on Eleventh Circuit Upholds Verdict in “Take-Home” Asbestos Case
Last week, the Eleventh Circuit considered a “take-home” asbestos case. Following a worker’s death from asbestos-induced lung cancer, the worker’s spouse was diagnosed with malignant pleural mesothelioma. Prior to her death, she filed suit against her husband’s employer alleging that washing her husband’s clothes for 20-plus years had exposed her...
Worker’s Sprained Ankle Leads to $250,000 Punitive Damage Award for Retaliation
Posted on Apr 27, 2017 in Litigation, OSHA, Process Safety, Product Liability, Transportation | Comments Off on Worker’s Sprained Ankle Leads to $250,000 Punitive Damage Award for Retaliation
A railroad challenged a worker after the worker filed an OSHA complaint on grounds that he lied in that complaint about precisely how his on-the-job accident occurred (based on a discrepancy between the complaint and his prior version of the events). An ALJ concluded that those charges of dishonesty amounted to unlawful retaliation against the employee for filing the OSHA complaint...
Key Considerations for Post-Incident Media Response
Posted on May 6, 2016 in Construction, Energy/Environmental, Investigations, Process Safety, Product Liability, Transportation | Comments Off on Key Considerations for Post-Incident Media Response
In today’s world, news of a corporate disaster or fatal injury travels fast. In less than a minute from the time an incident occurs, media phone calls begin. There are countless recent examples of how companies have botched initial post-incident communications in such a way that their actions have led to devastating consequences, from inviting political attacks or litigation to...
More Lawsuits Likely After $4.2 Million Verdict in Fracking Case
Posted on Mar 11, 2016 in Energy/Environmental, Product Liability | Comments Off on More Lawsuits Likely After $4.2 Million Verdict in Fracking Case
A Pennsylvania jury awarded a $4.2 million verdict to two families against an oil and gas company for the alleged contamination of their well water caused by fracking operations. The verdict is likely to spur plaintiffs’ attorneys to file additional suits alleging injuries caused by fracking operations around the country. Most of the plaintiffs’ claims in the Pennsylvania...
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