Washington Federal Court Emphasizes Privilege Logs Must Describe Nature Of The Documents Withheld
Posted on Dec 11, 2014 in Investigations | Comments Off on Washington Federal Court Emphasizes Privilege Logs Must Describe Nature Of The Documents Withheld
The issuer of a commercial property insurance policy refused to indemnify its insured for losses resulting from the failure of a methane purification system at a landfill gas processing facility in the State of Washington. The insured filed suit and then sought to compel production of the insurer’s entire claim file or have the court agree to an in camera review of the relevant...
Designated Corporate Witness Must Testify About “Information Known Or Reasonably Available” To Entity
Posted on Dec 11, 2014 in Investigations, Transportation | Comments Off on Designated Corporate Witness Must Testify About “Information Known Or Reasonably Available” To Entity
In response to a Rule 30(b)(6) notice of deposition, a company “must then designate one or more officers, directors, or managing agents, or designate other persons who consent to testify on its behalf; and it may set out the matters on which each person designated will testify … The persons designated must testify about information known or reasonably available to the...
Best Practices For E-mail Communications
Posted on Dec 10, 2014 in Investigations | Comments Off on Best Practices For E-mail Communications
As 2014 comes to a close, there is no better time to remind your workforce about the perils of e-mails. In any litigation arising after workplace incidents or operational failures, many of the exhibits are often e-mails between workers or an e-mail from the worker to an outside third party. The consequences can range from reputational harm to lost sales to public embarrassment to...
Some Evidence Of Knowledge Required To Survive Summary Judgment In Workers’ Comp Retaliation Claim (Ohio)
Posted on Dec 9, 2014 in Investigations, Litigation | Comments Off on Some Evidence Of Knowledge Required To Survive Summary Judgment In Workers’ Comp Retaliation Claim (Ohio)
The Court of Appeals of Ohio, Eighth Appellate District, upheld a trial court’s dismissal of a workers’ compensation retaliation claim, finding that the plaintiff failed to present any evidence to support an inference that he was discharged for filing a workers’ compensation case. The plaintiff, a maintenance technician, filed a workers’ compensation claim after being injured when he...
Removed Rail On Protective Cage Surrounding Gantry Leads To Trial Following Asphalt Plant Worker’s Injury
Posted on Dec 3, 2014 in Construction, Investigations | Comments Off on Removed Rail On Protective Cage Surrounding Gantry Leads To Trial Following Asphalt Plant Worker’s Injury
While attempting to fill a tanker truck with asphalt at a West Virginia asphalt plant, a worker fell and incurred serious injuries. The worker sued the plant owner for negligence including in part because one of the bars on the protective cage surrounding the gantry used to fill the tanker had been removed after it had been installed. The U.S. District Court for the Northern District...
New Jersey Law Applies In Alleged Tire Defect Case Even Though Incident Occurred In Illinois
Posted on Nov 22, 2014 in Investigations, Litigation, Product Liability, Transportation | Comments Off on New Jersey Law Applies In Alleged Tire Defect Case Even Though Incident Occurred In Illinois
In a case in which the plaintiff alleged that the manufacturer of a tire was negligent in the design and manufacture of a tire that blew out on an Illinois highway, the U.S. District Court for the District of New Jersey determined that New Jersey law, and not Illinois law, applies. Under Illinois law, the plaintiff’s non-use of a seat belt would be excluded, but under New Jersey...
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