HOUSTON, TX – On January 28, 2016, the Houston Court of Appeals (14th District) issued its opinion in Oiltanking Houston, L.P. v. Delgado (No. 14-14-00158-CV) in which the three judge panel reversed a $21 million jury verdict and rendered a take-nothing judgment in favor of the company that the jury had found responsible for a workers death.

OAKLAND, CA – An Oakland jury recently returned a $6.95 million verdict against Union Pacific in an asbestos case.  The case was filed against Union Pacific under the Federal Employers’ Liability Act on behalf of a 69 year old retired boilermaker who had been diagnosed with mesothelioma.  Union Pacific defended the case asserting that the worker did not

Image of an old, rusted railcar still on the railroad tracks. Railroad workers exposed to asbestos dust may be entitled to compensation.

The railroad industry has consistently ranked among one of the most dangerous industries to work in.  However, in addition to the immediate hazard posed by moving equipment, many railroad workers have also been exposed to a much more silent and often overlooked hazard – occupational exposure to harmful dusts.  Unlike the immediate hazard created by

Did Manufacturer of Medical Device Linked to 27 Deaths Ignore Safety Concerns? September 9, 2015 — An investigation by NBC News has linked C.R. Bard’s Recovery IVC filter with 27 deaths in the last decade, raising safety concerns and questions about its approval.  IVC filters are spider-shaped wire devices that are implanted in the inferior vena cava (IVC), the largest

On August 17, 2015, the U.S. Judicial Panel on Multidistrict Litigation (JPML) issued a transfer order directing that all Bard Recovery IVC filter lawsuits and all Bard G2 IVC filter lawsuits filed throughout the federal court system be centralized for pretrial proceedings before U.S. District Judge David G. Campbell in Arizona. At the time, there

SEATTLE, WA – The Washington State Court of Appeals recently upheld a $4.5 million damage award in an asbestos lawsuit filed against Caterpillar, Inc.  According to court documents, Edwin Estenson served in the United States Navy from 1948 to 1952. While serving in the  Navy, Estenson worked for three months aboard the USS Curtiss on repairs working with asbestos-containing

by Jim Malewitz, The Texas Tribune Oct. 2, 2015 On any given day across Texas, truck drivers might crash their vehicles, construction workers tumble from scaffolding or refinery workers inhale nauseating fumes. But many of their injuries will be documented poorly by employers and insurance companies. Some will go unreported entirely — as if they never

PASADENA, Texas – According to reports from Pasadena police, at least four workers  have been injured in an explosion at a chemical plant in Pasadena, Texas. The explosion happened this morning at the Sun Edison plant located in the 3000 block of N. South Street.  According to local news reports, one injured worker was airlifted to Memorial Hermann Hospital in

According to a recent article published by Rick Schmitt on FairWarning, a run-of-the-mill employment dispute could become a major embarrassment for railroad giant BNSF over an allegation that a senior executive threatened to blackball an arbitrator from the industry if she ruled against the company.  According to the article, the arbitrator at the middle of the

AUSTIN, TX – A $750,000 settlement was recently reached in a lawsuit filed in Austin, Texas, on behalf of the injured passenger in a motor vehicle collision. According to the pleadings on file, the plaintiff who survived the collision was severely injured when the driver of the vehicle in which he was traveling, failed to