Eighth Circuit Upholds FAA Civil Penalty Enforcement Action Against Airline over Inoperable Landing Gear Despite Airline’s Voluntary Reporting
Posted on Mar 4, 2014 in Transportation | Comments Off on Eighth Circuit Upholds FAA Civil Penalty Enforcement Action Against Airline over Inoperable Landing Gear Despite Airline’s Voluntary Reporting
The Eighth Circuit upheld an FAA enforcement action against a Missouri-based airline company for violation of an airworthiness directive. In November 2007, the airline’s mechanics replaced a brake assembly on the main landing gear of an airplane. During the replacement, the mechanics installed gear pins to lock the assembly in place while they completed the repair. However, the...
DOT Issues Emergency Order Mandating Proper Testing of Crude Oil Prior to Transport
Posted on Feb 26, 2014 in Energy/Environmental, Transportation | Comments Off on DOT Issues Emergency Order Mandating Proper Testing of Crude Oil Prior to Transport
On February 25, the U.S. Department of Transportation issued an emergency order mandating that all persons who offer crude oil for transportation in commerce within the United States “ensure that [it] is properly tested and classed in accordance with 49 CFR parts 172 and 173.” The order also prohibits shipping crude oil by rail as a Packing Group III hazardous material. Citing the...
FAA Issues Final Rule Creating Stricter Helicopter Safety Procedures
Posted on Feb 21, 2014 in Transportation | Comments Off on FAA Issues Final Rule Creating Stricter Helicopter Safety Procedures
The Federal Aviation Administration issued a landmark final rule today requiring stricter safety procedures for helicopters. The new rule requires helicopters, including ambulances, to implement stricter flight rules and procedures, to improve communications and pilot training, and to carry additional on-board safety equipment. The final rule was implemented in response to the FAA...
Punitive Damage Claims Against Trucking Company for Negligent Hiring and Supervision Allowed To Proceed
A Pennsylvania federal court denied a Michigan trucking company’s motion for summary judgment on the plaintiff’s claims for punitive damages for negligently hiring and supervising a truck driver who allegedly caused a significant collision. The court reasoned that a reasonable jury could find that the trucking company was “reckless” for purposes of an award of punitive damages under...Ergonomics Expert Allowed To Testify in Railroad Worker’s Injury Case
A Pennsylvania federal court rejected a railroad’s motion in limine to exclude the testimony of an ergonomics expert proffered to testify about the medical causation between years of walking on uneven surfaces on or near tracks and a worker’s severe arthritis. The fact that the expert was not a doctor did not preclude the expert from being sufficiently qualified to provide opinions...West Virginia Chemical Leak an Example that All Sizes of Companies Need To Focus on Safety
Posted on Feb 6, 2014 in Construction, Energy/Environmental, Investigations, Process Safety, Transportation, Workplace Safety | 0 comments
In a commentary for Law360, safetylitigation.com founders Matt Gatewood and Carter Williams explain the need for safety and risk management systems at companies of all sizes, using the recent West Virginia chemical leak as an important example. The leak from a small company’s storage tank caused thousands of gallons of a coal-cleaning chemical to contaminate the water supply of the...
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