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...
Judge Strikes Expert Report Containing OSHA Policy Interpretation
Posted on May 12, 2017 in Investigations, OSHA | Comments Off on Judge Strikes Expert Report Containing OSHA Policy Interpretation
On Wednesday, the U.S. District Court for the Northern District of Ohio granted summary judgment to the owner of a slag plant in a case brought by a worker who sustained serious injuries from falling off an unguarded screen deck in a tower. Summary judgment became possible once the court decided to exclude the testimony of the plaintiff’s primary expert witness. The proffered...
Root Cause Analysis Must Be Produced Where Not Substantively Different from Analyses Prepared in Ordinary Course of Business
Posted on Dec 8, 2016 in Construction, Investigations, Process Safety | Comments Off on Root Cause Analysis Must Be Produced Where Not Substantively Different from Analyses Prepared in Ordinary Course of Business
An Arizona federal court granted a motion to compel production of a Root Cause Analysis Report (“Report”) prepared by a third party at the request of the owner of an electric power station generator that failed. Following the generator’s failure, the owner’s general counsel emailed two senior managers in the company instructing them to retain a third-party investigator to conduct a...
Federal Court Denies Attempt To Enjoin New OSHA Reporting Rule
Posted on Dec 7, 2016 in Investigations, Litigation, OSHA | Comments Off on Federal Court Denies Attempt To Enjoin New OSHA Reporting Rule
OSHA’s new rule on electronic reporting requirements (the “Rule”) takes effect on January 1, 2017 (for a summary of the Rule, check out our previous post). In addition to imposing requirements for electronic submission of certain injury and illness reports, the Rule includes three anti-retaliation measures. A group of trade associations, workers compensation providers, and other...
Third Circuit Reverses Summary Judgment in Asbestos Exposure Case
Posted on Oct 16, 2016 in Construction, Investigations | Comments Off on Third Circuit Reverses Summary Judgment in Asbestos Exposure Case
The Third Circuit partially reversed a grant of summary judgment in favor of a manufacturing company in an asbestos exposure case after finding that a reasonable jury could find the manufacturer may have exposed the worker to asbestos. The Plaintiff (the estate of a deceased pipefitter) alleged that the pipefitter’s terminal lung cancer was caused to forty-five years of...
Key Considerations for Post-Incident Media Response
Posted on May 6, 2016 in Construction, Energy/Environmental, Investigations, Process Safety, Product Liability, Transportation | Comments Off on Key Considerations for Post-Incident Media Response
In today’s world, news of a corporate disaster or fatal injury travels fast. In less than a minute from the time an incident occurs, media phone calls begin. There are countless recent examples of how companies have botched initial post-incident communications in such a way that their actions have led to devastating consequences, from inviting political attacks or litigation to...
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