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Transportation Civil Procedure Toxic Torts

Read need-to-know updates, commentary, and analysis on Transportation issues written by leading professionals.

Toxic Tort Claims From Train Derailment: Fear of Cancer and Satisfaction of the Amount in Controversy Requirement

by Lane Powell PC on

On August 28, 2017, the Third Circuit in Breeman v. Everingham (In re Paulsboro Derailment Cases) 2017 U.S. App. LEXIS 16393, dismissed the plaintiff’s fear of cancer toxic tort claims arising out of an alleged injury from a...more

California Restricts Principles of “General” Personal Jurisdiction

In BNSF Railway Company v. Superior Court (Kralovetz) (Filed 3/27/2015, No. B260798), the California Court of Appeal, Second District, held a Delaware railroad corporation, with its principal place of business in Texas, was...more

Illinois Supreme Court Reverses 5th District Appellate Court on Interstate Forum Non Conveniens

In a recent decision, the Illinois Supreme Court reaffirmed the relevant private and public interest factors to be considered by an Illinois circuit court in deciding a Motion to Dismiss on the basis of the forum non...more

Medical Monitoring Claim Rejected in Rail Spill

by Dechert LLP on

The Sixth Circuit recently rejected the medical monitoring claims of a putative class of residents of a small Ohio town who alleged exposure to chemicals released after a CSX Transportation Inc. train accidentally derailed....more

Illinois' Fifth District Reverses Rail Carrier Asbestos Ruling

by Brown & James, P.C. on

The Fifth District of the Appellate Court of Illinois recently reversed a Madison County trial court ruling denying a motion to dismiss an asbestos case for forum non conveniens. The Fifth District’s decision constitutes a...more

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