Category Archives: Civil Litigation

Subscribe to Civil Litigation RSS Feed

NLRB Ruling Condemns Blanket Confidentiality Policies During Internal Investigations

By Bora Rawcliffe  In Banner Health System d/b/a Banner Estrella Medical Center, 358 N.L.R.B. No. 93 (2012), the National Labor Relations Board (NLRB) held that an employer’s maintenance and application of a general confidentiality rule prohibiting employees from discussing ongoing investigations of employee misconduct violates Section 8(a)(1) of the National Labor Relations Act.… Continue Reading

Fisher v. Halliburton: Fifth Circuit Invokes Common Sense To Defend Defense Base Act

By Alex Major In March 2010, a federal district court in Texas ruled that the deaths and injuries sustained by a group of civilian convoy drivers in Iraq during insurgent attacks were not “accidents” caused by conditions of their employment and were, therefore, outside the scope of the protections afforded to contractors by the Defense … Continue Reading

Witness Statements: Attorney Work Product?

A recent California Court of Appeals case, Coito v. Superior Court of Stanislaus County, __ Cal. App. 4th __ (March 4, 2010), highlights an important discrepancy between state and federal protection of attorney work product as it applies to witness statements. While the federal rules and case law support a qualified privilege with regard to such … Continue Reading
LexBlog