Grand Jury Returns Superseding Indictment Adding Obstruction Charges Following September 2010 Pipeline Explosion
Posted on Jul 29, 2014 in Investigations, Process Safety, Transportation | Comments Off on Grand Jury Returns Superseding Indictment Adding Obstruction Charges Following September 2010 Pipeline Explosion
A federal grand jury returned a superseding indictment charging a utility with obstruction of the National Transportation Safety Board’s (“NTSB”) investigation of a pipeline explosion in September 2010 that killed 8 people, injured 58 others, and damaged or destroyed more than 100 homes. The superseding indictment also alleges additional violations of the Natural Gas Pipeline Safety...
Proposed Class Claims Against Railroad For Ohio Chemical Spill Withstand Motion To Dismiss
Posted on Jul 28, 2014 in Product Liability, Transportation | Comments Off on Proposed Class Claims Against Railroad For Ohio Chemical Spill Withstand Motion To Dismiss
In November 2013, four railcars derailed in Willard, Ohio, one of which carried Styrene Monomer, which caused approximately 400 homes and thousands of residents to evacuate the area. A proposed class of those residents brought suit and alleged that the railroad negligently installed used rail in the location prior to the incident, failed to perform safety inspections, and failed to...
Department of Transportation Proposes Long-Awaited Rulemaking for Crude-by-Rail
Posted on Jul 23, 2014 in Energy/Environmental, Transportation | Comments Off on Department of Transportation Proposes Long-Awaited Rulemaking for Crude-by-Rail
Today, the U.S. Department of Transportation unveiled the details of its proposed rulemaking to address concerns about transporting large quantities of crude oil and ethanol by rail in a Notice of Proposed Rulemaking (NPRM) and companion Advanced Notice of Proposed Rulemaking (ANPRM). The NPRM applies to trains carrying 20 or more tank carloads of flammable liquids and includes new...
Louisiana Federal Court Finds Offshore Helicopter Operator Liable For $1.3 Million In Crash
Posted on Jul 21, 2014 in Energy/Environmental, Product Liability, Transportation, Workplace Safety | Comments Off on Louisiana Federal Court Finds Offshore Helicopter Operator Liable For $1.3 Million In Crash
An offshore worker severely injured in a crash when a helicopter had to abort a take-off from an offshore oil platform brought suit against the helicopter operator and its insurer, the helicopter manufacturer, and the platform owner for negligence. The U.S. District Court for the Eastern District of Louisiana granted summary judgment to the manufacturer, but allowed the plaintiffs’...
Defendants Win Summary Judgment In Australian Plane Crash Case In Illinois Federal Court
Posted on Jul 16, 2014 in Product Liability, Transportation | Comments Off on Defendants Win Summary Judgment In Australian Plane Crash Case In Illinois Federal Court
The estate administrators of victims of an Australia plane crash sued three companies in the United States alleging that the pilots’ navigational charts and the plane’s ground proximity warning system (“GPWS”) caused the crash. In granting the defendants’ motion for summary judgment, the U.S. District Court for the Northern District of Illinois held that the plaintiffs failed to...
Asbestos MDL Court Concludes Punitive Damages For Unseaworthiness Allowed For Seaman But Not For A Seaman’s Personal Representative In Survival Actions
Posted on Jul 15, 2014 in Energy/Environmental, OSHA, Product Liability, Transportation, Workplace Safety | Comments Off on Asbestos MDL Court Concludes Punitive Damages For Unseaworthiness Allowed For Seaman But Not For A Seaman’s Personal Representative In Survival Actions
In the consolidated asbestos products liability MDL pending in the U.S. District Court for the Eastern District of Pennsylvania, the court had the opportunity last week to address significant issues with respect to the maritime cases in the MDL brought by various merchant marines and their representatives, survivors, and spouses. The court considered whether punitive damages are...
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