Louisiana Federal Court Tosses Tally Man’s Asbestos Exposure Claims Against Railroad
Posted on Jun 3, 2014 in Energy/Environmental, Transportation | Comments Off on Louisiana Federal Court Tosses Tally Man’s Asbestos Exposure Claims Against Railroad
Last week, the U.S. District Court for the Middle District of Louisiana dismissed state common law tort claims brought by a husband and wife against a railroad for injury to the husband as a result of exposure to products containing asbestos. At the time of the alleged exposure, the husband worked for Baton Rouge or the Greater Baton Rouge Port Commission as a tally man in shipyards...
Minnesota Federal Court Dismisses Challenge to Railroad Tariff Without Prejudice Under Doctrine of Primary Jurisdiction
Posted on Jun 3, 2014 in Energy/Environmental, Litigation, Transportation | Comments Off on Minnesota Federal Court Dismisses Challenge to Railroad Tariff Without Prejudice Under Doctrine of Primary Jurisdiction
On May 27, 2014, the U.S. District Court for the District of Minnesota dismissed a case brought by manufacturers of toxic inhalation hazard (“TIH”) commodities and their trade associations that challenged a railroad’s amended tariff under the Hazardous Materials Transportation Act and 49 U.S.C. § 11101, which codifies the common-carrier obligations of railroads. The tariff at issue...
California Court Prevents Wrongful Death Suit Against Co-Worker (a Washington Truck Driver) From Proceeding
Posted on May 30, 2014 in Litigation, Transportation | Comments Off on California Court Prevents Wrongful Death Suit Against Co-Worker (a Washington Truck Driver) From Proceeding
The U.S. District Court for the Eastern District of California granted summary judgment to a Washington truck driver in a wrongful death action under the California Labor Code for allegedly causing an accident in California in which the individual in the passenger seat was killed. The court found that both the defendant driver and the deceased passenger were employees of the...
Sunshine in Litigation Act Introduced in U.S. Senate Could Limit Companies’ Ability To Protect Confidential Information
Posted on May 23, 2014 in Construction, Energy/Environmental, Investigations, Process Safety, Product Liability, Transportation, Workplace Safety | Comments Off on Sunshine in Litigation Act Introduced in U.S. Senate Could Limit Companies’ Ability To Protect Confidential Information
In the wake of the recent automotive cases that have required federal courts to weigh the general public’s health and safety interest against corporate confidentiality when determining whether to seal court records, a bill has been proposed in the U.S. Senate that would prohibit a court from denying public access to information in cases in which the pleadings state facts relevant to...
Texas Court Affirms $1.9 Million Jury Verdict Against Railroad for Worker’s Cumulative Spinal Injuries
Posted on May 23, 2014 in Investigations, Product Liability, Transportation | Comments Off on Texas Court Affirms $1.9 Million Jury Verdict Against Railroad for Worker’s Cumulative Spinal Injuries
Following a trial, a jury returned a verdict of $1.9 million against a railroad for negligence under the Federal Employers Liability Act (“FELA”) and for violation of the Locomotive Inspection Act on claims brought by an employee who worked for the railroad for 20 years but had been advised by a neurologist to stop working because of deterioration of his spinal health. The plaintiff...
D.C. Case Serves as Reminder To Involve Outside Counsel in Every Stage of Internal Investigation for Privilege Purposes
Posted on May 21, 2014 in Construction, Energy/Environmental, Investigations, Process Safety, Product Liability, Transportation, Workplace Safety | Comments Off on D.C. Case Serves as Reminder To Involve Outside Counsel in Every Stage of Internal Investigation for Privilege Purposes
If maintaining privilege over the documents generated by an internal investigation is a concern, the involvement of outside lawyers in every step of the process is strongly suggested. The U.S. District Court for the District of Columbia recently provided a reminder of this best practice when analyzing the privilege status of internal investigation documents in a qui tam action. The...
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