Kansas Appellate Court Agrees That Independent Medical Examiner’s Report Was Properly Excluded After Improper Contact By Counsel
Posted on Jul 7, 2014 in Investigations, Litigation, Transportation | Comments Off on Kansas Appellate Court Agrees That Independent Medical Examiner’s Report Was Properly Excluded After Improper Contact By Counsel
The Court of Appeals of Kansas affirmed a decision from the state’s Workers’ Compensation Board to exclude the testimony and report of an independent medical examiner as a sanction for the claimant’s counsel’s violation of a no-contact order. The case involved a worker that performed maintenance for an aircraft company for 30-plus years and complained of multiple back injuries. ...
Michigan Federal Court Grants Motion To Dismiss Tort Claims That Failed To Meet LHWCA Exclusivity Exceptions
Posted on Jul 6, 2014 in Litigation, OSHA | Comments Off on Michigan Federal Court Grants Motion To Dismiss Tort Claims That Failed To Meet LHWCA Exclusivity Exceptions
A millwright at a vessel-loading facility was injured when handling mooring cables. His amended complaint included two tort claims against his employer that allegedly fell within limited exceptions to the exclusivity of the Longshore and Harbor Workers’ Compensation Act (“LHWCA”). First, the millwright argued the employer was liable for a maritime tort action because it waived its...
PHMSA Holds Second Public Forum On Recommended Practice For Pipeline Safety Management Systems; Publication Expected In December
Posted on Jul 2, 2014 in Investigations, Process Safety | Comments Off on PHMSA Holds Second Public Forum On Recommended Practice For Pipeline Safety Management Systems; Publication Expected In December
Today, the U.S. Pipeline and Hazardous Material Safety Administration (PHMSA) hosted its second public forum to discuss the emerging recommended practice for Pipeline Safety Management Systems (PSMS), American Petroleum Institute RP 1173. Members of the development team discussed the ten essential elements for a PSMS identified in the recommended practice: (1) leadership and...
D.C. Circuit Issues Writ of Mandamus and Vacates Document Production Order in Closely Watched Internal Investigations Case
Posted on Jul 1, 2014 in Investigations | Comments Off on D.C. Circuit Issues Writ of Mandamus and Vacates Document Production Order in Closely Watched Internal Investigations Case
Earlier this year, the U.S. District Court for the District of Columbia held that privilege did not apply to a defense contractor’s internal investigation of alleged fraud because the majority of the work was conducted by non-attorneys, the internal investigation was undertaken in the normal course of business to ensure regulatory compliance, the attorneys in charge were in-house...
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