Joel Crane

Joel Crane

Sedgwick LLP

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California Appellate Court Finds Railroad Company Not Subject to Jurisdiction

In BNSF Railway Company v. Superior Court (2015) 185 Cal.Rptr.3d 391, the California Court of Appeal, Second District, reversed a trial court order denying BNSF Railway Company’s motion to quash service of summons for lack of...more

5/4/2015 - Appeals Asbestos Litigation Personal Jurisdiction Principal Place of Business Railroads

General Permit Shields Mining Company from Liability for Selenium Discharge

In Sierra Club v ICG Hazard , LLC, 2015 WL 643382, the United States Court of Appeals for the Sixth Circuit held that a Kentucky coal mining company could not be sued by an environmental group for discharging selenium into...more

3/6/2015 - Clean Water Act Coal Mines Discharge of Pollutants EPA Land-Use Permits Mining Selenium Sierra Club Surface Mining Act

District Court in Louisiana Nixes “Bystander Damages” for Relatives of Asbestos Victims

In Comardelle v. Pennsylvania General Insurance Company et al., 2014 WL 5762841, the United States District Court for the Eastern District of Louisiana denied a claim for “bystander damages” allegedly resulting from the...more

1/6/2015 - Asbestos Asbestos Litigation Bystander Insurance Litigation

Fifth Circuit Maritime Case Will Set National Standard

In McBride v. Estis Well Service LLC, a divided Fifth Circuit sitting en banc held that punitive damages are not recoverable by an injured seaman or his heirs under the Jones Act or general maritime law of...more

10/27/2014 - Employer Liability Issues En Banc Review Jones Act Punitive Damages Wrongful Death

CA Appellate Courts: Secondary Exposure Claims Permitted Against Product Manufacturers, But Not Premises Owners

Two California Courts of Appeal recently decided cases that will significantly impact secondary asbestos exposure claims in California. The result is that premises owners have no duty to protect family members of workers on...more

7/7/2014 - Appeals Asbestos Asbestos Litigation Manufacturers Negligence Toxic Exposure

Mixing Machine Defendants May Be Liable for Injuries Caused by Toxins Released During Mixing Process

In Olivares et al. v. Morehouse-Cowles et. al., (April 21, 2014, B245407) [2014 WL1571766], the California Court of Appeal recently held that several mixing machine manufacturers could be sued for injuries allegedly caused by...more

6/10/2014 - Appeals Toxic Exposure

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