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HTMLVictims of Train Derailment and Chemical Spill Permitted to Proceed with Class-Action Certification
Christopher J. Hoare; Capehart & Scatchard, P.A.;
Legal Alert/Article
June 20, 2014, previously published on June 6, 2014
On November 30, 2012, a southbound Conrail freight train, consisting of two locomotives and 82 cars, derailed as it crossed the East Jefferson Street Bridge. Six of the cars derailed, plunging four into the frigid waters of the Mantua Creek. One of the tankers ruptured, spilling approximately...


HTMLU.S. GAO Says Federal Agencies Could Improve Post-Hurricane Sandy Collaboration
Colodny Fass P.A.;
Legal Alert/Article
June 17, 2014, previously published on May 28, 2014
The U.S. Government Accountability Office ("GAO") released report GAO-14-512 today, May 28, 2014, entitled "Emergency Transportation Relief: Agencies Could Improve Collaboration Begun During Hurricane Sandy Response." Below is the GAO's summary of the findings.


HTMLTexas Federal Court Denies Railroad’s Motion To Dismiss Retaliation Case Under FRSA’s “Kick-Out” Provision
Sutherland Asbill Brennan LLP;
Legal Alert/Article
June 13, 2014, previously published on June 10, 2014
In December 2010, a railroad employee filed an administrative claim under the Federal Rail Safety Act (“FRSA”) alleging that the railroad retaliated against him for reporting a rail yard safety condition. OSHA investigated the claim and attempted to conduct closing conferences in August...


HTMLDecree No. 8,257/2014 and Normative Instruction No. 1,471/2014
Carolina M. Bottino, Roberta P. Caneca, Marina Cyrino, Ivan Tauil; Tauil & Chequer Advogados in association with Mayer Brown LLP;
Legal Alert/Article
June 11, 2014, previously published on June 5, 2014
On 05/29/2014, Decree No. 8.257/2014 was enacted. The Decree provides the rules for the application of Law No. 10.893/2004 with respect to the Freight Surcharge for Merchant Marine Renewal (AFRMM) and the Merchant Marine Fund (FMM).


HTMLWhat Does GM's Fine by NHTSA for Faulty Ignition Mean for Victims?
Todd A. Walburg; Lieff, Cabraser, Heimann & Bernstein, LLP;
Legal Alert/Article
June 10, 2014, previously published on June 2, 2014
Last month, General Motors agreed to pay a $35 million fine to settle a probe by the National Highway Traffic Safety Administration (NHTSA) over its delayed safety recall for failing to report the potentially deadly defect earlier.


HTMLMinnesota Federal Court Dismisses Challenge to Railroad Tariff Without Prejudice Under Doctrine of Primary Jurisdiction
Sutherland Asbill Brennan LLP;
Legal Alert/Article
June 9, 2014, previously published on June 3, 2014
On May 27, 2014, the U.S. District Court for the District of Minnesota dismissed a case brought by manufacturers of toxic inhalation hazard (“TIH”) commodities and their trade associations that challenged a railroad’s amended tariff under the Hazardous Materials Transportation Act...


HTMLGM’s Decade of Delay: Why Did the Ignition Switch Recall Take so Long?
Jodi Westbrook Flowers; Motley Rice;
Legal Alert/Article
June 3, 2014, previously published on May 23, 2014
According to the Highway Safety Act of 1970, motor vehicle manufacturers must report a safety-related defect to the NHTSA—as well as to owners, purchasers and dealers—within five working days of noticing the issue.


HTMLTexas Court Affirms $1.9 Million Jury Verdict Against Railroad for Worker’s Cumulative Spinal Injuries
Sutherland Asbill Brennan LLP;
Legal Alert/Article
June 2, 2014, previously published on May 23, 2014
Following a trial, a jury returned a verdict of $1.9 million against a railroad for negligence under the Federal Employers Liability Act (“FELA”) and for violation of the Locomotive Inspection Act on claims brought by an employee who worked for the railroad for 20 years but had been...


HTMLEarly Conflict Minerals Filings: Good, Better, Best
Aubrey A. Arndt, Mary Anne O'Connell, Daniel J. Thompson; Husch Blackwell LLP;
Legal Alert/Article
May 30, 2014, previously published on May 29, 2014
Next Monday, June 2nd is the deadline for all companies subject to the SEC’s conflict minerals rule to file their Form SD and, if necessary, their conflict mineral report. We surveyed the filings made through May 28 and this blog highlights some of the good examples, and some less than...


HTMLD.C. Circuit Rejects Emergency Motion to Stay Conflict Minerals Rule
Jeffrey T. Haughey, Daniel J. Thompson; Husch Blackwell LLP;
Legal Alert/Article
May 29, 2014, previously published on May 16, 2014
On Wednesday, May 14, the D.C. Circuit Court of Appeals denied an emergency motion by the National Association of Manufacturers (NAM) to stay the U.S. Securities and Exchange Commission’s (SEC’s) conflict minerals rules prior to the deadline to file the first Conflict Minerals Report on...


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