Columbus, Ohio – More than 700 East Palestine, Ohio, residents have filed a lawsuit, targeting Norfolk Southern and several government bodies over a 2020 train derailment that unleashed a toxic chemical release. This action comes shortly after a federal judge in Ohio approved a $600 million class action settlement with Norfolk concerning the incident, which involved a defective wheel bearing and a subsequent controlled burn of vinyl chloride from rail cars.
The plaintiffs in the recent lawsuit, filed in Franklin County Court of Common Pleas, include numerous parties that had previously opted out of the class action settlement. They argue that the local authorities such as the Village of East Palestine and Columbiana County’s school districts were part of the “mayhem” surrounding the events of the derailment. The administrative claims were submitted under the Federal Tort Claims Act to the U.S. Environmental Protection Agency and the Centers for Disease Control and Prevention.
According to Kristina Baehr of Just Well Law, who spearheaded the legal challenge alongside Bressman Law and the Keenan Law Firm, the latest suit scrutinizes the actions of local authorities which were omitted from the original class agreement. Meanwhile, the settlement’s approval by U.S. District Judge Benita Pearson has spurred several opponents to pursue an appeal, although they are required to submit an $850,000 appeal bond- a sum Judge Pearson described as necessary in light of the significant costs triggered by the appeal process.
Elsewhere, Wyndham Hotels & Resorts has engaged DLA Piper in handling an array of cases alleging sexual trafficking activities at their franchise motels, including Super 8 and La Quinta in California. These cases are currently proceeding in New Jersey’s federal courts, with attempts to dismiss one such case recently rebuffed by U.S. District Judge Susan Wigenton under the Trafficking Victims Protection Reauthorization Act.
Recent air disasters also place the spotlight on the Federal Aviation Administration (FAA). Legal attention has been drawn to two critical incidents: a mid-air collision involving an American Airlines regional jet and a U.S. Army Black Hawk helicopter, resulting in 67 fatalities, and the crash of a medical Lear Jet operated by Jet Rescue Air Ambulance which led to additional fatalities and injuries in Philadelphia. Lawyers and experts, including Bob Clifford of Clifford Law Offices, are scrutinizing the FAA’s role, with Clifford calling for a halt of helicopter traffic in the involved airspace and highlighting over 1,000 overlooked safety recommendations.
The legal scene is bustling with significant movements and high stakes. Developments continue to unfold across various sectors, including landmark verdicts and legislative reforms aiming at refining judicial processes and ensuring public safety.
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