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Counsel for Estate of Worker Killed in Plane Crash Sanctioned for Pursuing Court Action Against Employer

Following a tropical storm, two employees of a solar power plant flew over the sight in one of the employee’s single-engine aircraft to survey the damage from the storm.  The plane crashed and one of the workers died.  That worker’s Estate brought claims of negligence, negligent hiring, wrongful death under a theory of negligence, and wrongful death under a theory of...

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...

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...

DOT Proposes New Rule To Assess Motor Carriers’ Safety Compliance

Earlier today, the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) announced a rulemaking proposal to improve the agency’s ability to identify non-compliant motor carriers by integrating on-road safety data from inspections, in addition to the results of carrier investigations and crash reports, into the agency’s safety fitness...

Railroad Must Produce Event Recorder Data For Longer Time Period Before Derailment

Following last year’s crude oil train derailment in West Virginia, the railroad brought suit against the company responsible for maintaining the track.  The railroad alleged that the derailment was caused by the defendant company removing anchors from the track in anticipation of replacing the existing rail (the replacement allegedly was supposed to take place the same day as the...

Preparing For Crisis Management

Sutherland partners Matt Gatewood and Susan Lafferty recently presented a Legal Quick Hit to the ACC’s Energy Committee on the fundamentals of preparedness for crisis management following significant operational failures. The outline of that presentation is below: Identify the risk inherent in every operation Monitor the pulse of industry changes, including new hazards and...

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