Recent Decision Raises Many Questions About Privilege Of Internal Investigations
Posted on Jan 26, 2015 in Energy/Environmental, Investigations, OSHA, Process Safety | Comments Off on Recent Decision Raises Many Questions About Privilege Of Internal Investigations
Before your company launches its next internal investigation, it would be wise to consider a recent opinion from a federal magistrate judge in the U.S. District Court for the Eastern District of Louisiana, which if stands, elevates the bar for making sure that the documents created in an internal investigation can be protected from discovery in litigation. The court, applying federal...
State’s Workers’ Compensation Law Contains Conflicting Provisions For Protecting Subcontractors
Posted on Jan 24, 2015 in Construction, Litigation | Comments Off on State’s Workers’ Compensation Law Contains Conflicting Provisions For Protecting Subcontractors
The Court of Appeals of Texas recently considered whether the Texas Workers’ Compensation Act (TWCA) bars suit against an independent subcontractor whose employees were covered by the general contractor’s workers’ compensation insurance policy. The court, after determining that two provisions of the TWCA are in conflict, failed to answer the question and instead...
Ordinance or Law Coverage Endorsement Found Not Applicable Following Ammonia Leak In Piping System
Posted on Jan 21, 2015 in Construction, Litigation | Comments Off on Ordinance or Law Coverage Endorsement Found Not Applicable Following Ammonia Leak In Piping System
An ammonia leak occurred following an incident at a California ice plant when a heavy basket containing water fell that led to a rupture in the plant’s piping. The owner of the plant made an insurance claim on its general commercial liability insurance policy and the insurer and the owner disputed the amount of available coverage. Specifically, the insurer contended that the...
Court Orders Production Of Safety Manuals And Procedures On Attorneys’ Eyes-Only Basis
Posted on Jan 20, 2015 in Investigations | Comments Off on Court Orders Production Of Safety Manuals And Procedures On Attorneys’ Eyes-Only Basis
In a discovery dispute arising in a worker injury case, a Louisiana federal court had to resolve a motion for a protective order seeking to prevent discovery of certain types of information. Among the categories of documents sought included the company’s safety manuals and procedures. The objection specifically said that this “Subpoena Request seeks information or...
Understand Privilege Issues Before Relying On “Advice Of Counsel” Defense
Posted on Jan 19, 2015 in Investigations, Litigation | Comments Off on Understand Privilege Issues Before Relying On “Advice Of Counsel” Defense
An insurance company hired a claims adjuster to investigate an insured’s claim and the adjuster estimated the net claim to be only $1,081. The insurance company paid that amount, but after the insured later learned that its damages could be closer to $1 million, the insured brought suit against the insurance company and the adjuster, including for claims of extra-contractual and...
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