5th Circuit Reduces Fine for Negligent Endangerment and Vacates Restitution Award

NEW ORLEANS - The 5th Circuit Court of Appeals has reduced a fine imposed on a corporation for mis-labeling a container and vacated an award for restitution to the family of a worker killed by toxic fumes as the result of the mistake. United States v. Chemical & Metal Industries, Inc., No. 11-30327 (5th Cir.).

The Circuit Court panel on April 17 agreed with Chemical & Metal Industries Inc. that the fine imposed by a trial court could not exceed the $500,000 allowed by statute, and concluded that there was no basis for the restitution ordered.

C&MI is a recycler …