Expect Heightened Scrutiny Of Worker Relationships For Possible “Joint Employment”
Posted on Jan 21, 2016 in Litigation, Workplace Safety | Comments Off on Expect Heightened Scrutiny Of Worker Relationships For Possible “Joint Employment”
The scenarios in which a worker, even though not technically a company employee, is found to be a company employee under a theory of “joint employment” for purposes of various laws continues to increase. Yesterday, the U.S. Department of Labor’s Wage and Hour Division issued an Administrator’s Interpretation establishing new standards for determining joint...
Fifth Circuit Finds Two “Occurrences” In Rejecting Rig Owner’s Insurance Claim
Posted on Jan 21, 2016 in Energy/Environmental, Litigation, OSHA, Workplace Safety | Comments Off on Fifth Circuit Finds Two “Occurrences” In Rejecting Rig Owner’s Insurance Claim
On Tuesday, the Fifth Circuit affirmed a judgment for the insurers of a drilling rig that rejected a claim from the rig owner for approximately $17 million in losses. Following a storm in February 2010, a jack-up drilling rig encountered severe weather and the rough seas caused the rig’s legs to become misaligned, which added to the rig’s difficulties caused by twenty...
2015 Year in Review
Posted on Jan 7, 2016 in Construction, Energy/Environmental, Investigations, Litigation, OSHA, Process Safety, Product Liability, Workplace Safety | Comments Off on 2015 Year in Review
Earlier today, we released the 2015 Year in Review, which assembles the 20 posts from last year that received the most reader interest.
Preparing For Crisis Management
Posted on Dec 18, 2015 in Construction, Energy/Environmental, Process Safety, Transportation, Workplace Safety | Comments Off on Preparing For Crisis Management
Sutherland partners Matt Gatewood and Susan Lafferty recently presented a Legal Quick Hit to the ACC’s Energy Committee on the fundamentals of preparedness for crisis management following significant operational failures. The outline of that presentation is below: Identify the risk inherent in every operation Monitor the pulse of industry changes, including new hazards and...
Indictments Issued Following 2012 Offshore Incident Alleging Safety Sacrificed For Speed
Posted on Nov 19, 2015 in Energy/Environmental, Investigations, Workplace Safety | Comments Off on Indictments Issued Following 2012 Offshore Incident Alleging Safety Sacrificed For Speed
Earlier today, a federal grand jury indicted two companies and three individuals following a 2012 offshore incident that killed three workers. The charges range from involuntary manslaughter to charges involving violation of federal safety practices under the Outer Continental Shelf Lands Act and the Clean Water Act. At the time of the incident, the well had been “shut...
Indemnity Provision Enforceable Where Offshore Contract Is Maritime In Nature
Posted on Nov 18, 2015 in Energy/Environmental, Litigation, Workplace Safety | Comments Off on Indemnity Provision Enforceable Where Offshore Contract Is Maritime In Nature
In a contractual indemnity dispute following an offshore worker’s injuries, the U.S. District Court for the Eastern District of Louisiana confronted whether a the contract’s indemnity provision was enforceable. Specifically, the court had to determine whether the contract was governed by maritime law (making the indemnification provision enforceable) or whether it was...
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