Brian Crompton worked as a railroad employee for BNSF Railway. On April 24, 2011, Crompton worked on a locomotive that was to travel from Paducah, Ky., to downstate Centralia, Ill. Crompton was severely injured during the trip from Paducah when he was knocked off the train by a door that…
Articles Posted in Federal Law
U.S. Court of Appeals Finds that Tying Arrangement Did Not Violate Federal Antitrust Law
The U.S. Court of Appeals for the 7th Circuit in Chicago has agreed that a concert ticket tying parking to the music concert was not a violation of the federal antitrust laws. James Batson brought a ticket from O.A.R. Concert at Live Nation’s box office at the 3 on July…
Fourth Amendment Prevents Search if an Arrest is Not Imminent
On March 23, 2010, two officers of the Chicago Police Department flagged down two men who appeared panicked. One of the men told the officers that a Hispanic man wearing a white tank top had just fired a gun at him. The man directed the police officers to an alley…
Monitoring of GPS Device Without a Warrant Was Not a Violation of the Fourth Amendment
The U.S. Court of Appeals for the 7th Circuit in Chicago has affirmed the decision of a district court judge regarding the conviction of Henry R. Brown. Brown was convicted after a jury trial of conspiring to distribute more than 5 kilograms of cocaine and was sentenced to life imprisonment…
U.S. District Court Throws Out Class-Action Claim Made by Property Owners Near Oil Refinery
The U.S. District Court certified a class of property owners in Roxana, Ill., which is a small town across the Mississippi River from St. Louis. In the lawsuit it was claimed that Shell Oil, together with its subsidiaries, was responsible for the leakage of poisonous benzene and other contaminants into…
U.S. District Court Finds Lack of Personal Jurisdiction in Contract Dispute
This is a case in which the U.S. Court of Appeals for the 7th Circuit in Chicago found that the defendant had contracted with an out-of-state buyer. The court found that the buyer performed all contractual obligations in his own state; however, the required sufficient minimum contacts were not found…
Federal Case Filed Against U.S. and Canadian Based Companies for Medical Discount Scams Targeting Seniors
A Federal Trade Commission (FTC) lawsuit has been filed in the U.S. District Court for the Northern District of Illinois in Chicago naming several United States and Canadian companies as defendants. The allegations in the complaint allege that these companies acted on a medical discount scam that targeted seniors. According…
U.S. District Court Finds that Asbestos Claims for Brakes Pre-empted by a Federal Statute
In a case decided in the Eastern District of Pennsylvania, Perry v. A.W. Chesterton Inc., it was determined that brakes located onto a rail car are a “part or appurtenance” to a locomotive and therefore the plaintiff’s state law asbestos claims were pre-empted by the federal Locomotive Inspection Act (LIA). …
Fatalities Related to Truck and Bus Safety Hazards Overlooked by Federal Safety Regulators
Officials at the National Transportation Safety Board (NTSB) believe that U.S. truck and bus regulators are not catching on to serious safety hazards before fatal crashes occur. The NTSB has stated that the Federal Motor Carrier Safety Administration (FMCSA) has known about deficiencies in bus company practices before some fatal crashes, but…
OSHA Fines Illinois Roofing Company $158,000 for Safety Hazards
The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has found five safety violations that carried a proposed penalty of $158,015 against an Illinois roofing company. The company, Affordable Roofing and Exteriors, Inc. of Trenton, Ill., was cited after inspections at three job sites where workers were improperly…