Work Product Protection Does Not Extend To Claims Investigator’s Report In Admiralty Case
Posted on Mar 5, 2015 in Investigations, Litigation, OSHA, Transportation | Comments Off on Work Product Protection Does Not Extend To Claims Investigator’s Report In Admiralty Case
Company A chartered a barge to Company B as a platform for A/C generation and refrigeration of fish products. In the summer of 2011, the President of Company A wrote to Company B requesting that it examine the barge for potential electrolysis given fears that the barge had developed a starboard list. Company B responded that it did not have responsibility or the time to inspect...
State Supreme Court Issues Contentious Spoliation Ruling
Posted on Mar 3, 2015 in Investigations, Product Liability, Transportation | Comments Off on State Supreme Court Issues Contentious Spoliation Ruling
To frame the issue, first consider the following criticisms of the majority opinion from the two dissenting opinions: “Let me be clear at the outset. The majority opinion has abolished the tort of spoliation of evidence. I do not say this lightly. Under the majority’s decision, no plaintiff will ever be able to withstand a summary judgment motion for spoliation of...
Ten Considerations To Mitigate Exposure Before Shipping Crude By Rail
Posted on Mar 1, 2015 in Energy/Environmental, Investigations, Process Safety, Transportation | Comments Off on Ten Considerations To Mitigate Exposure Before Shipping Crude By Rail
Following two derailments of trains transporting crude in February, Sutherland attorneys Matt Gatewood, Susan Lafferty, and David McCullough issued the Legal Alert available here and copied below addressing ten considerations that any shipper or owner of crude should assess before shipping by rail. ***** Last week’s derailments in West Virginia and Canada bring more scrutiny to the...
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...
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...
Eighth Circuit Upholds Exclusion Of Engineer’s Testimony On Ultimate Causation In Derailment Cases
Posted on Feb 17, 2015 in Investigations, Transportation | Comments Off on Eighth Circuit Upholds Exclusion Of Engineer’s Testimony On Ultimate Causation In Derailment Cases
Following train derailments in 2007 and 2010, a railroad brought suit against a services company alleging that the services company negligently reconditioned certain railcar axles, which caused the axles to fail and the resulting derailments. At trial, the jury found in favor of the services company and the railroad appealed. Before the trial started, the district court had granted...
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