Toxic Train Wreck Sparks Litigation

April 7th, 2023|Categories: HB Risk Notes|Tags: , , , , , , , , , |

Legal News: Ohio AG Sues Norfolk Southern Over East Palestine Train Spill. Legal News On March 14, 2023, Ohio filed a lawsuit against Norfolk Southern Railway Company, a multi-billion dollar entity, in the U.S. District Court for the Northern District of Ohio. The lawsuit stems from the East Palestine train derailment (the “Derailment”), which took place on February 3, 2023. The lawsuit seeks to “recover response costs, redress damages to natural resources, and receive an order for injunctive relief, civil penalties, and damages.”  The Derailment  The Derailment of train 32N occurred at approximately 9 PM in East Palestine, Ohio—roughly fifty miles northwest of Pittsburgh, Pennsylvania. The accident is believed to have been caused by the overheating and failure of at least one wheel bearing. Twenty of the derailed cars contained hazardous materials, including vinyl chloride, butyl acrylate, ethylhexyl, acrylate, and ethylene glycol monobutyl ether.  Chief among the substance concerns was vinyl chloride, which emits toxic substances when it burns. The Environmental Protection Agency (EPA) states that it was notified of the Derailment about two hours after it occurred, and personnel were on site five hours after the accident. The surrounding downwind area was evacuated. Reports were made of health and safety hazards to people and animals in the affected region. Three days after the crash, emergency responders intitiated a controlled [...]

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European Court of Human Rights to Hear Case on Climate Change by Victoria Kline

April 7th, 2023|Categories: HB Risk Notes|Tags: , , , , , , , , , |

Guest Writer Victoria is a third-year student at the University of Miami School of Law, Juris Doctorate Candidate 2023, Law Review Staff Editor, and soon-to-be associate at Jones Day. European Court of Human Rights to Hear Case on Climate Change By Victoria Kline The European Court of Human Rights (ECHR) is hearing a landmark case brought forward by the Senior Women for Climate Protection Switzerland, who are suing the Swiss government (the “State”) for human rights violations related to climate change. Verein KlimaSeniorinnen Schweiz and others v. Switzerland (“KlimaSeniorinnen”) is one of the first climate change matters the court has taken up. On Wednesday, March 29, 2023, the ECHR held a public hearing. History of the Case KlimaSeniorinnen began back in 2016, ignited by a group of women called KlimaSeniorinnen Schweiz, the Senior Women for Climate Protection Switzerland. The group filed suit in Swiss court against a variety of Swiss federal government bodies alleging violations of obligations set forth in the Swiss Constitution and the European Convention on Human Rights (the “Convention”).  The heart of the suit is the State’s shortcomings in progress being made towards the adopted Paris Agreement’s goal to keep “the increase in the global average temperature to well below 2°C above pre-industrial levels.” The elderly plaintiffs purport that their demographic is especially [...]

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Climate Change, ESG, and D&O Insurance: Collision or Cooperation?

March 21st, 2022|Categories: Emerging Litigation & Risk, HB Emerging Law Notes, HB Tort Notes, Journal on Emerging Issues in Litigation, New Featured Post for Home Page|Tags: , , , , , , , , , , , |

The Authors Robert D. Chesler (rchesler@andersonkill.com) is a shareholder in Anderson Kill’s New Jersey office and is a member of the firm’s Cyber Insurance Recovery Group. Bob represents policyholders in a broad variety of coverage claims against their insurers and advises companies with respect to their insurance programs. Dennis J. Artese (dartese@andersonkill.com) is a shareholder in Anderson Kill’s New York office and chairs the firm’s Climate Change and Disaster Recovery Group. Joseph Vila (jvila@andersonkill.com) is an insurance recovery attorney in Anderson Kill’s New Jersey office. Climate Change, ESG, and D&O Insurance: Collision or Cooperation? By Robert D. Chesler, Dennis J. Artese, and Joseph Villa Abstract: Climate change has been tied to the recent increase in catastrophic weather events. Insurance coverage for often billions of dollars in damage becomes a source of argument between insurers, who want to limit their exposure, and policyholders, who want the coverage they argue the carriers are contractually obligated to pay. The authors discuss the nature of the underlying suits and the potential coverage issues; the types of policies implicated; cases that have addressed these issues; the rising societal concern over climate change that have played a role in the new corporate emphasis on environmental, social, and governance, or ESG, and the insurance industry’s response to this [...]

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Charlie Kingdollar on Emerging Issues Facing the Property & Casualty Insurance Industry

March 17th, 2021|Categories: HB Emerging Law Notes, HB Tort Notes|Tags: , , , , , , , , |

Emerging Issues Facing the Property & Casualty Insurance Industry: What Has, What Is, What Will Be Charlie Kingdollar was Emerging Issues Officer for GenRe where he worked for 40 years, much of which was spent monitoring hundreds of new risks at any given time. In this article, Charlie discusses risks that have long-since emerged but continue today, risks that are starting to reveal themselves, and risks just starting to appear on the horizon. Read or download his article published in the latest issue of the Journal on Emerging Issues in Litigation.

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Climate Change Litigation Expands with Addition of Hoboken, NJ’s Suit Against Big Oil

September 14th, 2020|Categories: HB Emerging Law Notes, HB Risk Notes|Tags: , , |

Excerpt of Sept. 2, 2020 post at HobokenNJ.gov. Decades-long campaign of misinformation has directly contributed to effects of climate change in Hoboken, City seeks relief for costs associated with climate adaptation efforts. Hoboken Mayor Ravi S. Bhalla today announced that the City of Hoboken has filed a lawsuit in Hudson County against Exxon Mobil, other Big Oil companies, and the American Petroleum Institute for a decades-long campaign of misinformation related to climate change and its devastating impact on Hoboken. According to the lawsuit, Big Oil companies have caused substantial harm to the public in Hoboken and New Jersey by actively lying about the detrimental effects of their products when in fact their own research indicated otherwise, all in order to generate multibillion dollar profits by producing, marketing, and selling vast quantities of fossil fuels. Big Oil engaged in a continuous practice of misleading the public about climate change and their role in it, directly resulting in adverse impacts in Hoboken including rising sea levels that jeopardize the long-term health of the City. Photo by Patrick Hendry on Unsplash “As a coastal community, Hoboken has directly felt the impacts of climate change, including rising sea levels and more frequent storms,” said Mayor Bhalla. “At the same time we’ve invested hundreds of millions of dollars adapting to the realities of climate change, [...]

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