Fourth Circuit Lacks Jurisdiction To Review District Court’s Remand Order In FELA Case In Spite Of LHWCA Defense
Posted on Jun 25, 2014 in Litigation, Transportation | Comments Off on Fourth Circuit Lacks Jurisdiction To Review District Court’s Remand Order In FELA Case In Spite Of LHWCA Defense
A railroad employee working as a control operator and brakeman at a terminal created to load coal from rail cars onto ocean-bound vessels was injured and awarded benefits under the Longshore and Harbor Workers’ Compensation Act (“LHWCA”) after tripping on coal dust and debris that had been allowed to accumulate by the railroad tracks. The employee later filed a negligence claim...
NEW JERSEY FEDERAL COURT GRANTS JUDGMENT ON THE PLEADINGS ON RAIL YARD EMPLOYEE’S NEGLIGENCE CLAIM, ALLOWS FELA CLAIM TO PROCEED
Posted on Jun 24, 2014 in Litigation, Transportation | Comments Off on NEW JERSEY FEDERAL COURT GRANTS JUDGMENT ON THE PLEADINGS ON RAIL YARD EMPLOYEE’S NEGLIGENCE CLAIM, ALLOWS FELA CLAIM TO PROCEED
An employee of a company that provides intermodal services at rail yards was severely injured while unlocking boxcars and subsequently filed suit against his employer and others seeking damages under the Federal Employment Liability Act (“FELA”) and for common law negligence. His employer moved for judgment on the pleadings arguing that (1) it is not subject to the FELA and therefore...
California Federal Court Allows Plaintiffs To Reassert Products Liability Claims Despite Conflicting Admission
Posted on Jun 20, 2014 in Product Liability, Transportation | Comments Off on California Federal Court Allows Plaintiffs To Reassert Products Liability Claims Despite Conflicting Admission
In 2011, a U.S. marine died from injuries sustained in a helicopter accident allegedly caused by faulty wiring to the landing gear. The marine’s family brought various claims against numerous defendants, including a company responsible for maintaining the helicopter. The complaint included ordinary negligence claims as well as product liability claims based on manufacturing and...
West Virginia Federal Court Holds FRSA Retaliation Claim Not Affected By Arbitration Pursuant to Collective Bargaining Agreement
Posted on Jun 19, 2014 in Litigation, Transportation | Comments Off on West Virginia Federal Court Holds FRSA Retaliation Claim Not Affected By Arbitration Pursuant to Collective Bargaining Agreement
A railroad terminated a conductor after determining he was partially responsible for a train derailment. The conductor appealed his termination pursuant to the arbitration provisions in his collective bargaining agreement and the Railroad Labor Act (“RLA”). He separately filed an administrative complaint for retaliation under the Federal Railroad Safety Act (“FRSA”), alleging he was...
USA Today Report Critical of NTSB Investigations of Small Plane and Helicopter Crashes
Posted on Jun 18, 2014 in Investigations, Transportation | Comments Off on USA Today Report Critical of NTSB Investigations of Small Plane and Helicopter Crashes
A USA Today report published this week attributes “shortcomings” in NTSB investigations of private plane and helicopter crashes with compounding the number of deaths in general aviation incidents (reportedly nearly 45,000 since 1964 and roughly nine times greater than the number of deaths in passenger airline crashes). According to the report, investigators “repeatedly overlooked...
South Carolina Jury Verdict Against Automotive Manufacturer for Alleged Defective Speed Control Deactivation Switch Will Stand
Posted on Jun 14, 2014 in Investigations, Product Liability, Transportation | Comments Off on South Carolina Jury Verdict Against Automotive Manufacturer for Alleged Defective Speed Control Deactivation Switch Will Stand
After leaving a pick-up truck at a warehouse for the weekend only to return to find the warehouse essentially burnt down for a fire allegedly caused by the truck, a lawn maintenance and pressure washing company brought a products liability case against the pick-up truck manufacturer. The case alleged a flawed design of the speed control deactivation switch, arguing that it was “very...
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