Scrutinize Any Agreements Involving Temporary Workers In Case Of Workplace Incident
Posted on Jan 6, 2016 in Construction, Energy/Environmental, Litigation | Comments Off on Scrutinize Any Agreements Involving Temporary Workers In Case Of Workplace Incident
In any agreements covering temporary workers, make sure to carefully review the provisions that a reviewing court likely would examine should an injury to one of the workers occur while performing the contracted-for services for purposes of assessing litigation risk. Specifically, pay close attention to any provisions purporting to classify which entity (or entities) is the...
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...
Expert Neurologist And Real Estate Broker’s Opinions Excluded In Manganese Contamination Case
Posted on Nov 10, 2015 in Construction, Energy/Environmental, Investigations | Comments Off on Expert Neurologist And Real Estate Broker’s Opinions Excluded In Manganese Contamination Case
In a case in which plaintiffs allege a steel mill’s slag processing operations have resulted in dangerous levels of manganese being released onto their property, the U.S. District Court for the Northern District of Ohio concluded yesterday that two of the plaintiffs’ proposed experts cannot testify. First, the plaintiffs’ expert neurologist intended to testify that...
Importance Of Conditions Precedent To Indemnification Demands Highlighted In Pipeline Case
Posted on Oct 23, 2015 in Energy/Environmental, Investigations, Litigation | Comments Off on Importance Of Conditions Precedent To Indemnification Demands Highlighted In Pipeline Case
In 1994, an oil and gas company (Company A) sold a pipeline to Company B, which has owned and operated it since. During the sale, the companies entered into a Purchase and Sale of Assets Agreement whereby the parties agreed that any contamination occurring before the agreement’s closing date would be Company A’s responsibility and any contamination after the closing date...
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The Crisis Response & Incident Investigation Team at Eversheds Sutherland has substantial experience in guiding companies through crises, big and small, in providing a coordinated response to help mitigate risk and liability. More>>