Declarations

Bent Track

“These conditions can change certainly after a heavy freight train passes over it. If it wasn’t noticed by a crew member, then you have several tons of train crossing over that so it could change.”

— Former NTSB investigator Robert Chipkevich commented on an investigation into a fatal 2021 Amtrak derailment in Montana, which found that the railroad track was bent along a curve near the accident site.

Questionable Lawsuits

“My suspicion is that it is victimizing both policyholders and insurers, so this is a double-rare situation.”

— Louisiana Insurance Commissioner Jim Donelon said his department issued a cease-and-desist order to McClenny, Moseley & Associates, a Houston-based law firm that filed more than 1,500 hurricane-damage lawsuits in the state — many of which duplicated filings made by other attorneys. Donelon said MMA made more than 850 misrepresentations to insurance companies, stating that policyholders had retained the law firm even though that wasn’t true. Deputy Commissioner Nathan Strebeck said the department can levy penalties of up to $25,000 for each violation, for a total of up to $500,000.

Norfolk Southern Apology

“We’re going to do what’s right for the community.”

— Norfolk Southern CEO Alan Shaw told residents of East Palestine, Ohio, that the company will take responsibility for cleaning up the environmental damage from the recent train derailment and controlled detonation of hazardous materials. Shaw said the company had so far set aside a $7 million “down payment” to help the town recover and had sponsored the removal of 4,600 cubic yards of contaminated soil and 1.7 million gallons of polluted water.

Crypto Pushback

“Recent high-profile failures in the crypto sector are an important reminder that we have a long way to go before crypto becomes a part of mainstream payments and financial services.”

— Said a spokesperson for payment processor Visa, which, along with Mastercard, is slowing plans for partnering with crypto firms following a string of collapses in the crypto market, according to Reuters. Both Visa and Mastercard are pushing back the launch of certain products and services related to crypto until market conditions and the regulatory environment improve, said spokespeople for the companies who asked not to be named as talks were confidential.

Virginia Workers’ Comp Ruling

“We find that the claimant’s workday began when he began preparing the company vehicle for operation, and he was in the course of the employment when he sustained his injuries.”

— Virginia Workers’ Compensation Commission said in a ruling in a case involving an employee who was injured while scraping ice off his company-owned truck parked at his home. The commission ruled the employee is entitled to workers’ comp benefits, reversing a deputy commissioner’s denial of benefits. The commission differentiated the case from those falling under the “coming and going” rule, under which injuries sustained while traveling to or from work are generally not compensable, as employees are not considered to be “on the job” before arriving at their workplace.

Not Retroactive

“All of our research shows that the law is not retroactive. Members of the Legislature, in fact, have said it was not retroactive.”

— Said Chip Merlin, a claimants’ attorney in Tampa, about Florida Senate Bill 2A, which was approved by the Legislature in December. The law took a big bite out of plaintiffs’ lawyers’ incentive to sue over insurance claims when it ended one-way attorney fees. Now, some insurers contend the law is retroactive, trimming fees for lawsuits filed after the law took effect but for policies written before then. Lawyers for policyholders strongly disagree.