Illinois Federal Court Holds Responsible Party Under Oil Pollution Act Does Not Have To Establish Actual Cause Of Incident To Obtain Limitation Of Liability
Posted on Jul 13, 2014 in Energy/Environmental, Litigation, OSHA, Product Liability, Transportation, Workplace Safety | Comments Off on Illinois Federal Court Holds Responsible Party Under Oil Pollution Act Does Not Have To Establish Actual Cause Of Incident To Obtain Limitation Of Liability
In January 2005, a barge exploded in the Chicago Sanitary and Ship Canal. The explosion killed an employee of the barge owner and spilled 4,718 gallons of oil into the canal. The insurers of the barge owner paid more than $8.6 million in costs associated with the removal effort and then sought to recover the costs from the Oil Pollution Act’s Oil Spill Liability Trust Fund through...
Senator Rockefeller Urges President To Have OMB Act On Crude-By-Rail Proposed Rulemaking
Posted on Jul 11, 2014 in Energy/Environmental, Transportation | Comments Off on Senator Rockefeller Urges President To Have OMB Act On Crude-By-Rail Proposed Rulemaking
Earlier this week, U.S. Senator Jay Rockefeller (D-W.Va.), Chair of the Senate Committee on Commerce, Science, and Transportation, sent a letter to President Obama urging him to have the Office of Management and Budget (OMB) act on the Department of Transportation’s (DOT) proposed crude-by-rail rulemaking “as expeditiously and thoroughly as possible.” Citing the disaster in...
Indiana Federal Court Holds Insurer Does Not Have Duty To Indemnify Manufacturer’s Contamination Damages
Posted on Jul 9, 2014 in Construction, Energy/Environmental, Litigation, Transportation | Comments Off on Indiana Federal Court Holds Insurer Does Not Have Duty To Indemnify Manufacturer’s Contamination Damages
An insurance dispute developed arising from alleged soil and groundwater contamination around an Indiana plant used to manufacture automotive component climate control system parts including radiators, condensers, hoses, compressors, accumulators, fuel injection components, and evaporators. The aluminum from which the parts were made had to be cleaned, so the site operated 13...
Payroll Taxes Not Properly Withheld From Jury Verdict For Railroad Worker According To Missouri Federal Court
Posted on Jul 8, 2014 in Product Liability, Transportation | Comments Off on Payroll Taxes Not Properly Withheld From Jury Verdict For Railroad Worker According To Missouri Federal Court
Last Fall, a jury in the U.S. District Court for the Eastern District of Missouri awarded a railroad employee a verdict of nearly $1.7 million after a train “bottomed out” and ejected him. Yesterday, the court had to determine whether the railroad properly withheld payroll taxes to be tendered to the U.S. Treasury from the amount of the verdict. Specifically, was a general verdict...
Kansas Appellate Court Agrees That Independent Medical Examiner’s Report Was Properly Excluded After Improper Contact By Counsel
Posted on Jul 7, 2014 in Investigations, Litigation, Transportation | Comments Off on Kansas Appellate Court Agrees That Independent Medical Examiner’s Report Was Properly Excluded After Improper Contact By Counsel
The Court of Appeals of Kansas affirmed a decision from the state’s Workers’ Compensation Board to exclude the testimony and report of an independent medical examiner as a sanction for the claimant’s counsel’s violation of a no-contact order. The case involved a worker that performed maintenance for an aircraft company for 30-plus years and complained of multiple back injuries. ...
Illinois Federal Court Denies Summary Judgment Motion Of Auto Hauling Rig Manufacturer On Product Liability, Negligence, And Punitive Damages Claims Under Kentucky Law
Posted on Jun 27, 2014 in Construction, Product Liability, Transportation | Comments Off on Illinois Federal Court Denies Summary Judgment Motion Of Auto Hauling Rig Manufacturer On Product Liability, Negligence, And Punitive Damages Claims Under Kentucky Law
A man working as a car hauler was injured when he slipped and fell from the second tier of an auto hauling rig. The rig had a “Canadian guardrail” installed, but had not been fitted with other safety features including grab bars, guard rails, or cat walks. These features were installed on many older rigs through a retrofitting program as well as included on all newly-manufactured...
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