Memorandum Prepared By Company President On Afternoon Of Deadly Incident Deemed Privileged
Posted on Feb 9, 2015 in Energy/Environmental, Investigations | Comments Off on Memorandum Prepared By Company President On Afternoon Of Deadly Incident Deemed Privileged
In litigation arising out of a worker’s death in a drilling rig incident, a party sought to withhold as privileged a memorandum prepared on the afternoon of the incident by the company’s president based on interviews and notes he conducted at the site of the incident. He addressed the memorandum to the company’s current counsel and to its former counsel. The other...
Subsequent Remedial Measures Excluded From Evidence Following Well Control Event
Posted on Feb 8, 2015 in Energy/Environmental, Investigations, Process Safety | Comments Off on Subsequent Remedial Measures Excluded From Evidence Following Well Control Event
Following an oil and gas well blowout in Louisiana on November 18, 2009, the well operator changed its official barrier policy and circulated a new policy throughout its operations team. On December 11, 2009, the company then conducted a safety stand down meeting that included a PowerPoint presentation as a result of the well blowout discussing operational changes and steps that...
Understand State’s Mediation Privilege Rules Before Mediation Preparations
Posted on Feb 7, 2015 in Investigations | Comments Off on Understand State’s Mediation Privilege Rules Before Mediation Preparations
It may be surprising to some, but not all states have the same rules regarding privilege of statements used in mediation. The U.S. District Court for the Eastern District of Pennsylvania recently considered the boundaries of the privilege under Pennsylvania law. In the case, following a workplace injury, a plaintiff received a settlement of $2.5 million, which consisted of a payment...
Recent Decision Raises Many Questions About Privilege Of Internal Investigations
Posted on Jan 26, 2015 in Energy/Environmental, Investigations, OSHA, Process Safety | Comments Off on Recent Decision Raises Many Questions About Privilege Of Internal Investigations
Before your company launches its next internal investigation, it would be wise to consider a recent opinion from a federal magistrate judge in the U.S. District Court for the Eastern District of Louisiana, which if stands, elevates the bar for making sure that the documents created in an internal investigation can be protected from discovery in litigation. The court, applying federal...
Court Orders Production Of Safety Manuals And Procedures On Attorneys’ Eyes-Only Basis
Posted on Jan 20, 2015 in Investigations | Comments Off on Court Orders Production Of Safety Manuals And Procedures On Attorneys’ Eyes-Only Basis
In a discovery dispute arising in a worker injury case, a Louisiana federal court had to resolve a motion for a protective order seeking to prevent discovery of certain types of information. Among the categories of documents sought included the company’s safety manuals and procedures. The objection specifically said that this “Subpoena Request seeks information or...
Understand Privilege Issues Before Relying On “Advice Of Counsel” Defense
Posted on Jan 19, 2015 in Investigations, Litigation | Comments Off on Understand Privilege Issues Before Relying On “Advice Of Counsel” Defense
An insurance company hired a claims adjuster to investigate an insured’s claim and the adjuster estimated the net claim to be only $1,081. The insurance company paid that amount, but after the insured later learned that its damages could be closer to $1 million, the insured brought suit against the insurance company and the adjuster, including for claims of extra-contractual and...
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