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Injured Railroad Workers Cannot Sue Railroad in State Where Injury Did Not Occur and Where They Do Not Live

The U.S. Supreme Court ruled earlier today that the Montana Supreme Court incorrectly asserted personal jurisdiction over a railroad in two cases regarding on-the-job injuries. Even though both suits were pursued in Montana state courts, neither of the injured workers resided in Montana and neither were injured in Montana. Montana’s Supreme Court predicated its finding of personal...

Illinois and Texas Cases Stemming from Lac-Megantic Derailment Transferred to Maine

The U.S. District Court for the District of Maine agreed last week to transfer Illinois and Texas cases related to the 2013 crude oil train derailment in Lac-Megantic, Quebec to the District of Maine pursuant to 28 U.S.C. 157(b)(5).  The transferred cases include personal injury tort and wrongful death cases pending in the U.S. District Court for the Northern District of Illinois and...

Negligence Limitations Period Not Triggered By Date of Explosion in Arkansas Nitric Acid Case

Following a 2012 explosion at a nitric acid plant in Arkansas, the owner of the plant brought suit against two subcontractors alleging that their negligence caused the explosion.  The subcontractors had performed their work in 2011.  Specifically, the owner alleged that the subcontractors “(1) failed to properly and thoroughly clean the interior of replacement oxygen piping...

Limits of General Personal Jurisdiction Taken Up By Second Circuit

Yesterday, the Second Circuit affirmed the U.S. District Court for the District of Connecticut’s decision finding that Connecticut courts could not exercise general jurisdiction over a Maryland aerospace company.  The case was brought in Connecticut by a deceased worker’s daughter seeking to recover in tort for injuries related to asbestos exposure in locations outside...

Tenth Circuit Affirms Dismissal of Pollution Case Against Energy Companies

The Tenth Circuit upheld a district court’s order dismissing a group of Oklahoma plaintiffs’ claims for strict liability, negligence, and negligence per se against several companies allegedly responsible for pollution stemming from the generation and disposal of coal-combustion waste and fluid waste from oil and gas drilling.  The plaintiffs alleged that “the...

Wrongful Death Case In Concrete Crushing Machine Incident Remanded To Louisiana Court

Following the death of a Louisiana worker pulled into a concrete crushing machine, the worker’s mother brought suit against a number of entities in state court, some of which were Louisiana companies and some of which were out-of-state entities.  The out-of-state entities, including the manufacturer of the machine, removed the case to federal court on the grounds that the...

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