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New Construction Rules Focused on Process Safety Announced By New York City Mayor

New York City Mayor Bill de Blasio announced that the City would more than quadruple penalties for construction-safety violations in the wake of a crane collapse earlier this month that killed a pedestrian.  The Department of Buildings will enforce the measures, which increase penalties for individual serious safety violations from $2,400 to $10,000.  The new regulations take effect...

Refinery To Be Designated as Potentially Responsible Third Party in Wrongful Death Action

After two workers were killed in a 2012 Texas refinery explosion while attempting to restart a boiler, their estates filed suit against the workers’ employer (Defendant A), which was a wholly-owned subsidiary of Defendant B, which in turn was a wholly-owned subsidiary of Defendant C.  Approximately 20 months after filing suit, and 55 days before trial, the plaintiffs filed a...

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...

Enhanced Process Safety Planning for Public Transportation Systems Coming Soon

Certain well publicized catastrophic accidents in recent years across various industries has prompted an emphasis on process safety.  Lapses in process safety often lead to the low-frequency, high-risk type of accidents.  On Friday, the Department of Transportation continued this trend of focusing on process safety.  The Federal Transit Administration (FTA) issued a Notice of Proposed...

Hand Signals Work in Baseball But Can Be Improper Coaching in Courtroom

During a recent trial related to a 2012 New Jersey train derailment and chemical leak in the U.S. District Court for the District of New Jersey, the judge ejected one of the lead plaintiffs’ attorneys for improperly coaching witnesses.  Specifically, the lawyer acknowledged that he told the witness that if the witness started to ramble while on the stand, he would touch his...

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