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...
Injured Railroad Workers Cannot Sue Railroad in State Where Injury Did Not Occur and Where They Do Not Live
Posted on May 30, 2017 in Litigation, Transportation | Comments Off on Injured Railroad Workers Cannot Sue Railroad in State Where Injury Did Not Occur and Where They Do Not Live
The U.S. Supreme Court ruled earlier today that the Montana Supreme Court incorrectly asserted personal jurisdiction over a railroad in two cases regarding on-the-job injuries. Even though both suits were pursued in Montana state courts, neither of the injured workers resided in Montana and neither were injured in Montana. Montana’s Supreme Court predicated its finding of personal...
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...
Whistleblower’s Claim of Termination for Reporting Deficient Preventative Maintenance Dismissed
Posted on Oct 24, 2016 in Litigation, Transportation | Comments Off on Whistleblower’s Claim of Termination for Reporting Deficient Preventative Maintenance Dismissed
In a per curiam decision, a New Jersey appeals court affirmed a decision dismissing a worker’s whistleblower claim against his former employer, a trucking company. The worker alleged that he was wrongfully terminated from his job as a mechanic after reporting violations of the company’s preventative maintenance program. The appellate court’s decision turned on whether the...
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...
Department of Transportation Investigating Shippers of Crude Oil by Truck For Sampling and Testing Programs
Posted on Mar 31, 2016 in Energy/Environmental, Process Safety, Transportation | Comments Off on Department of Transportation Investigating Shippers of Crude Oil by Truck For Sampling and Testing Programs
In the last few months, the U.S. Department of Transportation (“DOT”) has initiated an enforcement investigation into whether commodity traders who contract to ship crude oil by truck maintain a written sampling and testing program for these activities. The requirement to maintain a sampling and testing program was implemented in a DOT final rule issued in May 2015, which also set out...
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