Internal Investigation’s Privilege Upheld by New York Federal Court
Posted on Apr 14, 2019 in Investigations, Litigation | Comments Off on Internal Investigation’s Privilege Upheld by New York Federal Court
The privilege boundaries of an internal investigation cause restless nights for any lawyer tasked with keeping an internal investigation privileged. On Thursday, the U.S. District Court for the Eastern District of New York (Magistrate Judge Locke) largely upheld the privilege of an internal investigation performed by Company A concerning conduct by Company B that potentially raised...
OSHA Targets Facilitating Arrest of Injured Worker as Potential Retaliation
Posted on Apr 13, 2019 in Litigation, OSHA, Workplace Safety | Comments Off on OSHA Targets Facilitating Arrest of Injured Worker as Potential Retaliation
Last week, a company and its CEO moved to dismiss a unique complaint brought against them by OSHA in the U.S. District Court for the District of Massachusetts. OSHA alleges that the Company and its CEO unlawfully retaliated against an injured worker by initiating a law enforcement investigation into the worker’s identity that led to his arrest. OSHA alleges that the worker...
Federal Jurisdiction Lacking for Case Alleging Exposure to Hazards from Pipeline Spill
Posted on Apr 13, 2019 in Energy/Environmental, Product Liability, Transportation | Comments Off on Federal Jurisdiction Lacking for Case Alleging Exposure to Hazards from Pipeline Spill
A Utah federal court rejected an oil and gas company’s bid to keep a lawsuit alleging that a crude oil pipeline spill caused a plaintiff’s acute myeloid leukemia in federal court last week. The company argued that the federal court had federal question jurisdiction over the suit, which alleged negligence, strict liability for abnormally dangerous or ultra-hazardous...
Contracts for Multi-Employer Projects Should Clearly Address Local Workers’ Comp Regimes
Posted on Apr 12, 2019 in Litigation, Process Safety, Workplace Safety | Comments Off on Contracts for Multi-Employer Projects Should Clearly Address Local Workers’ Comp Regimes
Yesterday, the U.S. District Court for the Eastern District of Louisiana granted summary judgment to a refinery owner and two of that company’s employees in a suit brought by a worker who had been injured while working at the refinery. Specifically, the worker suffered chemical burns when a substance sprayed onto the worker and through his personal protective equipment. The...
Eleventh Circuit Clarifies Automatic Entitlement Provision of Black Lung Benefits Act
Posted on Apr 12, 2019 in Energy/Environmental, Litigation | Comments Off on Eleventh Circuit Clarifies Automatic Entitlement Provision of Black Lung Benefits Act
Yesterday, the Eleventh Circuit resolved an ambiguity regarding when miners’ survivors can recover benefits under the Black Lung Benefits Act. Pursuant to the Act, survivors can recover in two ways. First, they can prove that the miner died from a lung disease caused by pneumoconiosis. Alternatively, they can proceed under the “automatic entitlement” provision (30...
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