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Airline Faces Significant Proposed Penalties By FAA For Alleged Safety Violations

The Federal Aviation Administration announced yesterday that it was proposing a $911,000 civil penalty against a U.S. airline for allegedly operating two aircraft that were not in compliance with federal aviation regulations.  Specifically, the FAA alleges that the airline failed to inspect the cargo door skins on two regional jets at required intervals.  In 2006, the FAA determined...

BSEE Proposes New Rules For Offshore Operations

Earlier today, the U.S. Department of the Interior, through the Bureau of Safety and Environmental Enforcement (BSEE), announced new proposed regulations for offshore oil and gas operations.  The proposed regulations focus on blowout prevention requirements and well design, well control, casing, cementing, real-time well monitoring, and subsea containment.  Specifically, the proposed...

Internal Investigation Report Ruled Not Privileged Despite In-House Counsel’s Involvement

In litigation stemming from a worker’s injuries suffered at a chemical manufacturing facility in Louisiana, one defendant sought the “Root Cause Investigation Report” prepared by the defendant chemical company.  Earlier this month, the U.S. District Court for the Eastern District of Louisiana ordered that the report be produced over the chemical company’s...

Ten Considerations To Mitigate Exposure Before Shipping Crude By Rail

Following two derailments of trains transporting crude in February, Sutherland attorneys Matt Gatewood, Susan Lafferty, and David McCullough issued the Legal Alert available here and copied below addressing ten considerations that any shipper or owner of crude should assess before shipping by rail. ***** Last week’s derailments in West Virginia and Canada bring more scrutiny to the...

Subsequent Remedial Measures Excluded From Evidence Following Well Control Event

Following an oil and gas well blowout in Louisiana on November 18, 2009, the well operator changed its official barrier policy and circulated a new policy throughout its operations team.  On December 11, 2009, the company then conducted a safety stand down meeting that included a PowerPoint presentation as a result of the well blowout discussing operational changes and steps that...

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...

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