Illinois and Texas Cases Stemming from Lac-Megantic Derailment Transferred to Maine
Posted on Feb 28, 2016 in Energy/Environmental, Litigation, Transportation | Comments Off on 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
Posted on Feb 27, 2016 in Construction, Energy/Environmental, Litigation | Comments Off on 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...
Tenth Circuit Affirms Decision Excluding Experts in Ladder Case for Failure To Test Theories
Posted on Feb 26, 2016 in Investigations | Comments Off on Tenth Circuit Affirms Decision Excluding Experts in Ladder Case for Failure To Test Theories
Yesterday, the Tenth Circuit affirmed a district court’s grant of summary judgment to the owner of a waste systems facility in a case brought by a worker injured when he fell from a ladder while delivering fuel to the facility. The district court had excluded the testimony of both of the worker’s expert witnesses, and then granted summary judgment for the facility owner...
Limits of General Personal Jurisdiction Taken Up By Second Circuit
Posted on Feb 19, 2016 in Litigation, Product Liability | Comments Off on 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...
Mining Law Violation Not a Basis for Negligence Per Se for All Injuries Occurring at Mining Facility
Posted on Feb 17, 2016 in Construction | Comments Off on Mining Law Violation Not a Basis for Negligence Per Se for All Injuries Occurring at Mining Facility
At a Kentucky coal mine, a worker for a subcontractor was killed during the installation of a garage door. His wife brought a wrongful death action against the mining company who had hired a construct a post frame building at the facility, and that contractor hired the decedent’s employer to install an overhead commercial-grade garage door. Four theories of negligence were...
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