Second Circuit Confronts CERCLA Issues In New York Clean-Up Case
Posted on Sep 15, 2014
The Second Circuit affirmed a New York federal district court’s finding that the successor of a subsidiary’s former parent company could be held liable for a portion of pollution clean-up costs under the Comprehensive Environmental Response Compensation and Liability Act of 1980 (“CERCLA”). In the underlying suit, a power company sued its former parent’s successor for costs incurred while cleaning up coal tar contamination at various gas plant sites. Although the Second Circuit ultimately affirmed liability for costs under a veil piercing theory, it also made a number of CERCLA-specific...
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Dredging Barge Did Not Have To Adhere To One-Call System Before Anchoring In Pipeline Case
Posted on Sep 14, 2014
Following an allision between a dredging barge and an underwater oil pipeline, the owners of the pipeline brought suit contending that the barge owner/operator failed to notify the Louisiana One Call Notification Center of its intent to anchor its location by lowering its ladder and cutter head (which allegedly damaged the pipeline). As mandated by the U.S. Department of Transportation, Louisiana adopted a “One-Call System” to alert pipeline owners and owners of other underground facilities of any proposed potentially damaging activity in the vicinity of those facilities. The...
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West Virginia Federal Court Dismisses Mechanic’s Deliberate Intent Case Against Trucking Company
Posted on Sep 12, 2014
Following a mechanic’s injuries sustained while mounting a tire on a single-piece rim wheel without the use of a cage or other restraining device, and contact by the trucking company of the worker via telephone, social media, and visiting him in the hospital with the alleged improper purpose of convincing him not to file any claims, the worker brought suit for deliberate intent, negligence, and outrage, among other claims. Under West Virginia law, workers’ compensation immunity from suit is removed if the employer acted with “deliberate intention” in causing the...
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OSHA Announces New Requirements For Reporting Severe Injuries Effective For 2015
Posted on Sep 11, 2014
Earlier today, OSHA announced a final rule requiring employers to notify OSHA when an employee is killed on the job or suffers a work-related hospitalization, amputation, or loss of an eye. The rule, which also revises the list of employers partially exempt from OSHA recordkeeping requirements, goes into effect for workplaces under federal OSHA jurisdiction on January 1, 2015. Under the rule, employers must notify OSHA of work-related fatalities within eight hours, and work-related in-patient hospitalizations, amputations, or losses of an eye within 24 hours. Previously, OSHA regulations...
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Railroad Worker’s Retaliation Claims After Filing OSHA Complaint To Proceed
Posted on Sep 11, 2014
While working as a “train dispatcher,” the plaintiff was involved in an incident that almost resulted in the collision of two passenger trains. Several months later, the plaintiff filed a complaint with OSHA, the federal agency tasked with enforcing the whistleblower protections of the Federal Railroad Safety Act. His OSHA complaint alleged that the railroad instructed him “to accept full responsibility” for the near collision and “to refrain from providing extensive testimony about [ ] related safety issues” during a formal hearing. The complaint also...
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Mining Company That Adhered To CBA Entitled To Terminate Worker With Osteoporosis
Posted on Sep 10, 2014
At a West Virginia coal mine, an inside bunker attendant responsible for monitoring an underground belt haulage system was injured as a result of a fall. She previously had been diagnosed with osteoporosis. Several months later, she informed the mining company that she was ready to return to work, but the company’s workers’ compensation administrator concluded that her osteoporosis precluded a return to work after a physician evaluation. At the time, the worker was 52 years old and not yet eligible for retirement, and the worker brought suit alleging that she was wrongfully...
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Seventh Circuit Finds No Liability For Facility Owner That Hired Expert In Hazardous Activity; Reverses Punitive Damages Awarded Based On Jury’s “Hindsight Bias”
Posted on Sep 9, 2014
Grain storage facilities must contend with the constant risk of explosions, caused by certain byproducts such as combustible dust and carbon monoxide (which can oxidize explosively to carbon dioxide) or may be set off by heat caused from decay of storage bin contents. In March 2010, a grain facility owner hired an expert to handle a specific “hot bin” that the facility was concerned about. After the expert’s employees began working on the bin, an explosion occurred injuring three workers. After an extensive trial, the jury awarded $180 million in compensatory and punitive damages against...
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