Supreme Court To Determine Scope of Private Remedies Seeking Cleanup at Superfund Sites
Posted on Jun 11, 2019 in Energy/Environmental, Litigation | Comments Off on Supreme Court To Determine Scope of Private Remedies Seeking Cleanup at Superfund Sites
The U.S. Supreme Court will resolve whether certain private state tort claims are permitted despite directly conflicting with EPA-ordered cleanup pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”). Specifically, the Supreme Court of Montana held that landowners at one of the largest Superfund sites in the country could pursue...
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...
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...
Injured Railroad Workers Cannot Sue Railroad in State Where Injury Did Not Occur and Where They Do Not Live
Posted on May 30, 2017 in Litigation, Transportation | Comments Off on Injured Railroad Workers Cannot Sue Railroad in State Where Injury Did Not Occur and Where They Do Not Live
The U.S. Supreme Court ruled earlier today that the Montana Supreme Court incorrectly asserted personal jurisdiction over a railroad in two cases regarding on-the-job injuries. Even though both suits were pursued in Montana state courts, neither of the injured workers resided in Montana and neither were injured in Montana. Montana’s Supreme Court predicated its finding of personal...
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