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Federal Agency Fails To Prove Adequacy Of FOIA Search

Following an altercation at a Philadelphia airport in 2006, Plaintiff filed a FOIA request with the U.S. Transportation Security Administration (TSA) seeking “copies of all records, reports, follow-up reports, and similar material from any TSA office containing her name initiated by any and all TSA officers, officials, investigators, and personnel.”  The TSA identified 375...

Federal Court Weighs Trade Secret Concerns With Discovery Goals In Tire Blowout Case

In a products liability tire blowout case, the parties entered into an agreed protective order protecting the disclosure and use of confidential information.  The parties disagreed on whether to include a sharing provision and the court rejected the plaintiffs’ request for a sharing provision that would allow the plaintiffs to share designated confidential information with other...

Discovery Into Subjective Beliefs Of Individuals Settling Claims Not Allowed By Oklahoma Federal Court

The estate of an individual killed as a result of injuries sustained in a catastrophic railroad collision sued the railroad and the parties settled the case for $1 million.  The settlement agreement released the railroad the deceased’s treating physician “from any and all claims and liabilities of any kind or nature, whether or not heretofore asserted or otherwise known, to...

DC Federal Court Denies Preliminary Injunction To Stop Rail Tunnel Reconstruction

On Tuesday, the U.S. District Court for the District of Columbia denied a non-profit organization’s bid for a preliminary injunction to stop the District of Columbia Department of Transportation from issuing the necessary permits for reconstruction of the Virginia Avenue Tunnel to begin.  The tunnel is a 111-year old rail tunnel running under Capitol Hill in D.C. and is a...

NTSB Issues Safety Recommendations To PHMSA On Crude By Rail Issues

On Friday, the National Transportation Safety Board issued a 10-page Safety Recommendation to the Acting Administrator of the Pipeline and Hazardous Materials Safety Administration.  The NTSB derived the recommendations from its investigations of the recent derailments of crude-carrying trains in West Virginia, Illinois, and Ontario.  The letter, which can be accessed here, requests...

Foreign Tire Manufacturer Subject To Personal Jurisdiction In Iowa

The Supreme Court of Iowa had to confront unsettled federal precedent to decide whether a Chinese tire manufacturer that sold thousands of tires in Iowa through an American distributor could be subject to personal jurisdiction in the state.  The tire at issue exploded as it was being inflated and caused severe injuries to the individual inflating it.  The individual’s family...

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