D.C. Case Serves as Reminder To Involve Outside Counsel in Every Stage of Internal Investigation for Privilege Purposes
Posted on May 21, 2014 in Construction, Energy/Environmental, Investigations, Process Safety, Product Liability, Transportation, Workplace Safety | Comments Off on D.C. Case Serves as Reminder To Involve Outside Counsel in Every Stage of Internal Investigation for Privilege Purposes
If maintaining privilege over the documents generated by an internal investigation is a concern, the involvement of outside lawyers in every step of the process is strongly suggested. The U.S. District Court for the District of Columbia recently provided a reminder of this best practice when analyzing the privilege status of internal investigation documents in a qui tam action. The...
Failure To Warn Claims (But Not Design Defect Claims) Against Pressure Washer Manufacturer Can Proceed to Jury
Posted on May 20, 2014 in Construction, Product Liability | Comments Off on Failure To Warn Claims (But Not Design Defect Claims) Against Pressure Washer Manufacturer Can Proceed to Jury
In litigation arising from an allegedly defective gasoline-powered pressure washer that caused a large fire in Kansas in 2010, the U.S. District Court for the District of Kansas granted summary judgment to the defendant manufacturer on the plaintiffs’ design defect and manufacturing defect claims, but allowed the failure to warn claims to proceed to the jury. The parties agreed that...
Tennessee Court Lacks Personal Jurisdiction Over Japanese Manufacturer of Electric Generator
Posted on May 20, 2014 in Litigation, Product Liability | Comments Off on Tennessee Court Lacks Personal Jurisdiction Over Japanese Manufacturer of Electric Generator
The U.S. District Court for the Middle District of Tennessee granted a Japanese generator manufacturer’s motion to dismiss for lack of personal jurisdiction in a case involving multiple deaths in a camper caused by the emission of carbon monoxide. In response to a suit brought by the decedents’ estates, the Japanese manufacturer claimed the court had no personal jurisdiction...
Landowners’ Punitive Damage Claims Based on Drilling Activities Allowed To Proceed in Oklahoma
Posted on May 19, 2014 in Energy/Environmental, Investigations, Product Liability | Comments Off on Landowners’ Punitive Damage Claims Based on Drilling Activities Allowed To Proceed in Oklahoma
The U.S. District Court for the Western District of Oklahoma denied an oil and gas company’s motion for summary judgment that sought to eliminate the plaintiffs’ punitive damages claims. The plaintiffs alleged property damage based on multiple discharges of oil and gas onto their property from the oil and gas company’s neighboring drilling operations. The company admitted to at least...
Railroad Ordered To Reinstate and Pay Worker $244,000 After Alleged Termination for Failure To Perform Required Inspection Because of Hazardous Safety Conditions
Posted on May 16, 2014 in OSHA, Product Liability, Transportation | Comments Off on Railroad Ordered To Reinstate and Pay Worker $244,000 After Alleged Termination for Failure To Perform Required Inspection Because of Hazardous Safety Conditions
Following an inspection, OSHA has ordered a railroad to reinstate a conductor and pay him more than $244,000 in back wages and damages following his termination for allegedly failing to perform an inspection of a passing train under hazardous safety conditions. The damage award includes $100,000 in punitive damages in addition to reasonable attorneys’ fees. The conductor allegedly...
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