Whether Internal Investigation Is Required Deemed Irrelevant To Privilege Inquiry By Indiana Federal Court
Posted on Feb 26, 2015 in Investigations, Transportation | Comments Off on Whether Internal Investigation Is Required Deemed Irrelevant To Privilege Inquiry By Indiana Federal Court
In litigation involving two railroads’ responsibilities for separate train derailments, each railroad sought discovery of information protected by the other railroad as work product. Although the document-by-document specifics are not ascertainable based on the generalized commentary from the U.S. District Court for the Northern District of Indiana following its in camera...
Court Addresses Legal Duty Owed By Travel Agency To Inform Travelers Of Airline Safety Record
Posted on Feb 24, 2015 in Transportation | Comments Off on Court Addresses Legal Duty Owed By Travel Agency To Inform Travelers Of Airline Safety Record
Following an airplane crash in the Northern Mariana Islands, a group of Chinese plaintiffs sued the travel agency that booked them on the airline alleging that the agency was negligent in not informing them of the airline’s faulty safety record and the airline’s failure to provide safety instructions in Chinese to Chinese tourists. The travel agency filed a motion to...
Federal Court Rejects “Stacking” Consecutive Insurance Policies But Applies Highest Coverage Limit
Posted on Feb 23, 2015 in Construction, Litigation | Comments Off on Federal Court Rejects “Stacking” Consecutive Insurance Policies But Applies Highest Coverage Limit
The Insured operated a New Mexico brine well facility involved in solution mining of salt from brine water from 1995 to 2008. In a state court lawsuit, a neighboring property owner sued the Insured for property damage caused by the mining operation (specifically, damages caused when the roof of the underground cavern caused by the mining operation collapsed). The underlying lawsuit...
Senator Asks OMB To Address CPC-1232 Tank Cars Following West Virginia Derailment
Posted on Feb 23, 2015 in Energy/Environmental, Transportation | Comments Off on Senator Asks OMB To Address CPC-1232 Tank Cars Following West Virginia Derailment
On Friday, Oregon Senator Ron Wyden sent a letter to the Office of Management and Budget regarding the safety of CPC-1232 tank cars used in transporting crude-by-rail. In response to last week’s train derailment in West Virginia, the Senator asked for the final rule to address the “supposedly safer CPC-1232 tank cars,” of which 55,000 will be in service by the end of...
Privilege Refresher From Illinois Federal Court
Posted on Feb 20, 2015 in Investigations | Comments Off on Privilege Refresher From Illinois Federal Court
In almost any litigation, questions will surface about whether certain communications and documents are privileged and protected from discovery. One of the key roles that in-house counsel can cover is educating the company about the details of privilege law. To this end, it is helpful for in-house counsel to consistently stay abreast of developments in what types of communications...
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