Be Prepared for a “Process Safety Attack”
Posted on Apr 26, 2014 in Construction, Energy/Environmental, Investigations, Process Safety, Transportation, Workplace Safety | 0 comments
Safetylitigation.com founders Carter Williams and Matt Gatewood recently analyzed the legal attack to expect following a major incident in the January issue of Corporate Counsel under the headline, “Be Prepared for the Inevitable ‘Process Safety’ Attack.” In the article, they draw on their experiences in the Gulf of Mexico oil spill litigation and warn of the courtroom fallout after a...
Railroad Locomotive Engineer Must Plead More Than Fear of Cancer for FELA Claim To Proceed
Posted on Apr 25, 2014 in Product Liability, Transportation | Comments Off on Railroad Locomotive Engineer Must Plead More Than Fear of Cancer for FELA Claim To Proceed
The U.S. District Court for the Eastern District of California dismissed a railroad locomotive engineer’s claims that his employer created an unsafe work environment by doing nothing to mitigate dust from the asbestos used on locomotives and rolling stock. The plaintiff claimed damages for, among other things, mental anguish caused by the fear of cancer and for the failure of his...
Secretary Foxx: DOT to Send Draft Rule to White House Next Week Including Tougher Railcar Standards for Crude Oil and Ethanol
Posted on Apr 25, 2014 in Investigations, Transportation | Comments Off on Secretary Foxx: DOT to Send Draft Rule to White House Next Week Including Tougher Railcar Standards for Crude Oil and Ethanol
On Thursday, U.S. Department of Transportation Secretary Anthony Foxx announced he would send the White House a draft rule to enhance the safety of railcars used to transport crude oil and ethanol next week. The announcement came during Secretary Foxx’s visit to Casselton, N.D., the site of a derailment and explosion of Bakken crude oil in December. The draft rule will be the latest...
Ninth Circuit Finds Track Inspector’s Negligent Mismanagement Claims Not Preempted By Railway Labor Act
Posted on Apr 23, 2014 in Transportation, Workplace Safety | Comments Off on Ninth Circuit Finds Track Inspector’s Negligent Mismanagement Claims Not Preempted By Railway Labor Act
The Ninth Circuit found that a railroad track inspector’s claims for negligent mismanagement against a railway company were not preempted by the Railway Labor Act. Plaintiff, a union member subject to a collective bargaining agreement, sued the company under Montana law after he was suspended without back pay following a collision incident. Plaintiff alleged that (1) the railway...
Shareholder Derivative Suit Closely Follows Utility’s Indictment on Federal Charges Following September 2010 Pipeline Explosion
Posted on Apr 22, 2014 in Investigations, Process Safety, Transportation | Comments Off on Shareholder Derivative Suit Closely Follows Utility’s Indictment on Federal Charges Following September 2010 Pipeline Explosion
In what has become a typical play for plaintiffs’ lawyers following investigations of high profile incidents, an investor filed suit yesterday against current and former officers and directors of a utility for breach of fiduciary duty, alleging the defendants harmed the company by creating a corporate culture that “emphasized profits over customer safety” and contributed to a pipeline...
The Office of Inspector General Says FAA Needs To Improve Oversight Of Voluntary Disclosure Reporting Program
Posted on Apr 10, 2014 in Transportation | Comments Off on The Office of Inspector General Says FAA Needs To Improve Oversight Of Voluntary Disclosure Reporting Program
The Office of Inspector General (“OIG”) released a report recommending that the FAA improve its voluntary disclosure reporting program. The report, which was issued in response to a mandate in the 2012 FAA Modernization and Reform Act, found that while the FAA has made progress in ensuring that air carrier reports meet the program’s requirements, the agency remains unaware about the...
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