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Failure To Amend Insurance Coverage Disclosures Found Sanctionable

On Friday, the U.S. District Court for the Eastern District of Wisconsin granted a motion for sanctions against attorneys representing the manufacturer of a catwalk from which an egg farm worker fell and was seriously injured.  At the beginning of the case, the attorneys made the following initial disclosure about available insurance coverage from the company’s German insurer:...

Railroad Must Produce Event Recorder Data For Longer Time Period Before Derailment

Following last year’s crude oil train derailment in West Virginia, the railroad brought suit against the company responsible for maintaining the track.  The railroad alleged that the derailment was caused by the defendant company removing anchors from the track in anticipation of replacing the existing rail (the replacement allegedly was supposed to take place the same day as the...

Insurance Company’s Privilege Claims Fall Victim To Crime-Fraud Exception In Colorado Federal Court

Earlier this month, a magistrate judge for the U.S. District Court for the District of Colorado, relying on the crime-fraud exception to the attorney-client privilege, significantly curtailed an insurance company’s claims of privilege. While working in the course and scope of his employment, Person A was killed in a vehicle accident by a car driven by Person B.  Person A’s estate...

Unprepared 30(b)(6) Witness For Mining Company Leads To New Deposition But Not Costs

In response to a Rule 30(b)(6) deposition notice, a mining company designated one witness to testify on 10 topics, including the training and instruction of the company’s employees, citations or violations issued to the company by MSHA, engineering studies for the particular mine in question, and the operation of the particular mine.  After the deposition, the plaintiff brought a...

Federal Agency Fails To Prove Adequacy Of FOIA Search

Following an altercation at a Philadelphia airport in 2006, Plaintiff filed a FOIA request with the U.S. Transportation Security Administration (TSA) seeking “copies of all records, reports, follow-up reports, and similar material from any TSA office containing her name initiated by any and all TSA officers, officials, investigators, and personnel.”  The TSA identified 375...

State Court Considers Possible Waiver Of Privilege Over Claims File In Workers’ Comp Case

Last week, the Supreme Court of South Dakota reversed a trial court judge who had concluded an insurer had impliedly waived the attorney-client privilege and thus had to produce all disputed documents in unredacted form.  The plaintiff had brought the suit against the insurer for bad faith in resolving the plaintiff’s underlying workers’ compensation claims.  The plaintiff...

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