Month: July 2026

**Perdue Farms Wins Reversal in Chemical Delivery Suit**

The Indiana Court of Appeals overturned a trial court decision that had dismissed Perdue Farms’ negligence claims against L&B Transport and several security guards. The ruling clears the way for the poultry company to pursue damages after a wrong chemical was delivered to its plant, damaging equipment.

The case began when L&B Transport delivered the incorrect chemical to a Perdue facility. Security personnel from U.S. Security Associates allegedly failed to stop the delivery, allowing the error to occur. Perdue sued the trucking company and the guards for negligence. The trial court granted judgment on the pleadings to the security employees, essentially ending their involvement before trial. On appeal, the Court of Appeals reversed, finding that the trial court acted too early and that Perdue’s claims against the guards could proceed.

The decision matters because it keeps multiple parties in the case who might share responsibility for costly supply-chain mistakes. For trucking companies and logistics firms, it signals that courts will scrutinize security protocols and delivery oversight when expensive errors occur at customer sites.

**Bottom Line:** Early dismissals won’t shield delivery and security teams if negligence claims have factual support.

https://www.courtlistener.com/opinion/10882321/perdue-farms-inc-v-l-b-transport-llc/

What steps does your company take to verify chemical or supply deliveries before unloading?

Eighth Circuit Kills $124K OSHA Debt Collection

The Eighth Circuit ruled the government waited too long to sue I-44 Truck Center & Wrecker Service over a $124,000 OSHA fine, tossing the case as time-barred under federal debt-collection deadlines.

OSHA issued the fine after a 2017 inspection of the Missouri repair shop found violations tied to vehicle maintenance and employee safety. When the company did not pay, the agency referred the debt for collection years later. The government sued in 2024, claiming the Debt Collection Improvement Act gave it extra time once the debt became delinquent.

The appeals court disagreed. It held that the six-year limit under the Debt Collection Improvement Act starts when the fine is assessed, not after the 180-day delinquency window. Because the suit came too late, the court ordered dismissal and sent the case back to the lower court. For trucking and repair firms, the decision tightens the window federal agencies have to chase old penalties and gives operators a clear defense when stale claims surface.

Bottom Line: Old OSHA fines can expire—act fast if one resurfaces.

https://www.courtlistener.com/opinion/10883416/united-states-v-i-44-truck-cntr-wrecker-svc/

What old citations or fines is your shop still carrying?

Atwood Wins Remand in Highway Dispute

Oregon’s Court of Appeals handed property owner Jim Atwood a second chance to challenge the state’s handling of a highway project that cut across land he controls. The July 1 ruling sends the case back to the trial court for fresh review of whether the Department of Transportation followed proper procedures.

The fight began when ODOT widened and realigned a stretch of highway that crossed Atwood’s trust property. Atwood sued, claiming the agency failed to give adequate notice, ignored required studies, and undervalued the land taken. The trial judge tossed most claims on timing grounds, ruling the lawsuit came too late under state deadlines. Atwood appealed, arguing the clock should not have started until he actually learned of the harm.

The appeals court agreed the lower court applied the wrong test for when the deadline began. It said Atwood’s claims about faulty notice and missing environmental steps can move forward if he shows he filed within the required window after discovering the issues. The decision matters because road projects often affect private land; owners now have clearer guidance on how long they have to sue when agencies skip steps.

Bottom Line: Property owners hit by state highway work can challenge missed procedures if they act promptly after learning the facts.

https://www.courtlistener.com/opinion/10883508/atwood-v-dept-of-transportation/

What steps would you take if ODOT took part of your land for a road project?