Sunshine in Litigation Act Introduced in U.S. Senate Could Limit Companies’ Ability To Protect Confidential Information
Posted on May 23, 2014 in Construction, Energy/Environmental, Investigations, Process Safety, Product Liability, Transportation, Workplace Safety | Comments Off on Sunshine in Litigation Act Introduced in U.S. Senate Could Limit Companies’ Ability To Protect Confidential Information
In the wake of the recent automotive cases that have required federal courts to weigh the general public’s health and safety interest against corporate confidentiality when determining whether to seal court records, a bill has been proposed in the U.S. Senate that would prohibit a court from denying public access to information in cases in which the pleadings state facts relevant to...
D.C. Case Serves as Reminder To Involve Outside Counsel in Every Stage of Internal Investigation for Privilege Purposes
Posted on May 21, 2014 in Construction, Energy/Environmental, Investigations, Process Safety, Product Liability, Transportation, Workplace Safety | Comments Off on D.C. Case Serves as Reminder To Involve Outside Counsel in Every Stage of Internal Investigation for Privilege Purposes
If maintaining privilege over the documents generated by an internal investigation is a concern, the involvement of outside lawyers in every step of the process is strongly suggested. The U.S. District Court for the District of Columbia recently provided a reminder of this best practice when analyzing the privilege status of internal investigation documents in a qui tam action. The...
Eleventh Circuit Holds Jones Act Seaman Cannot Recover for Injuries Caused By Work-Related Stress
Posted on May 15, 2014 in OSHA, Product Liability, Workplace Safety | Comments Off on Eleventh Circuit Holds Jones Act Seaman Cannot Recover for Injuries Caused By Work-Related Stress
According to the Eleventh Circuit, the Jones Act does not allow a seaman to recover for injuries caused by work-related stress because it is not a “physical peril” under the Act. This ruling vacated a $590,574.57 judgment in which a jury found that a chief mate and manager of a commercial vessel was entitled to compensation for physical injuries that he sustained as a result of...
Union Members’ Whistleblower Claims Alleging Unsafe Work Conditions Brought Under Michigan Law Preempted by NLRA
Posted on May 6, 2014 in Investigations, Litigation, Workplace Safety | Comments Off on Union Members’ Whistleblower Claims Alleging Unsafe Work Conditions Brought Under Michigan Law Preempted by NLRA
The Supreme Court of Michigan held yesterday that union members’ claims asserted under the Michigan Whistleblowers’ Protection Act alleging retaliation for reporting of unsafe work environments are preempted by the National Labor Relations Act and must be litigated exclusively before the National Labor Relations Board. The court, however, held that claims brought under the same...
Federal Court Must Sever and Remand Jones Act Claim Without Assessing Claim’s Validity if Case Is Otherwise Removable
Posted on May 2, 2014 in Energy/Environmental, Litigation, Workplace Safety | Comments Off on Federal Court Must Sever and Remand Jones Act Claim Without Assessing Claim’s Validity if Case Is Otherwise Removable
If a case is properly removable to federal court notwithstanding the presence of a Jones Act claim, the Jones Act claim should be severed and remanded to the state court without an independent analysis of the claim’s merit, the U.S. District Court for the Eastern District of Louisiana held yesterday. In 1993, the Fifth Circuit explained in Lackey v. Atlantic Richfield Co. that if a...
Be Prepared for a “Process Safety Attack”
Posted on Apr 26, 2014 in Construction, Energy/Environmental, Investigations, Process Safety, Transportation, Workplace Safety | 0 comments
Safetylitigation.com founders Carter Williams and Matt Gatewood recently analyzed the legal attack to expect following a major incident in the January issue of Corporate Counsel under the headline, “Be Prepared for the Inevitable ‘Process Safety’ Attack.” In the article, they draw on their experiences in the Gulf of Mexico oil spill litigation and warn of the courtroom fallout after a...
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