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Refinery’s Insurance Claims Following Supply Interruption Caused By Pipeline Rupture Taken Up In Arkansas

An Arkansas refinery received oil from a pipeline owned and operated by a third party.  In 2007, the pipeline owner inspected the pipeline and identified anomalies at various locations.  The inspection vendor, however, misidentified one anomaly as a seam weld unlikely to cause a failure but this particular weld anomaly caused the pipeline to rupture in April 2012.  After the rupture,...

Statute Of Repose Bars Claims That Hexavalent Chromium Exposure Caused Death Of Exposed Worker

The U.S. District Court for the District of Maryland dismissed claims brought by a family of a deceased worker alleging that the worker’s death resulted from lung cancer caused by prolonged exposure to hazardous chromium ore processing residues (“COPR”) at a Maryland marine terminal.  Specifically, plaintiffs claimed that the defendant operated a chromium...

Illinois Court Finds Subcontractor’s Insurer Must Defend Contractor Following Workplace Incident

An Illinois court yesterday confronted an insurer’s duty to defend an additional insured under the terms of a commercial general liability policy issued to a third party following a workplace incident.  In 2012, a subcontractor’s employee fell off a roof, sustained serious injuries, and brought a personal injury action against the project’s general contractor.  The...

Western Hat Manufacturer’s $18 Million Verdict Upheld After Plant Consumed By Utility’s Alleged Negligence

Following a catastrophic Texas grass fire that consumed a hat manufacturing plant and the nearly 500,000 western hats inside the plant, the owner of the plant (the Manufacturer) brought suit against the Utility that owned the utility pole where the fire originated.  Specifically, the electrically-charged overhead service line became disconnected from one end of a connector, and the...

Complaint Against Table Saw Manufacturers For Alleged Conspiracy To Boycott Safety Technology Can Proceed

The Fourth Circuit decided earlier today that a complaint filed by the company that created an “active injury mitigation technology” meant to prevent certain hand and finger injuries on table saws that alleges antitrust violations against the largest table saw manufacturers can go forward.  The contentious 2-1 ruling reverses a district court judge’s grant of the...

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