News & Analysis as of

Judicial Scrutiny, Proposed Settlements and Avoiding Settlement Rejections

In August 2012, the Federal Mine Safety & Health Review Commission (“FMSHRC”), the body that oversees the legal administration and review process of contested violations by mine operators, determined that Commission...more

MSHA Inspection Failures Poised to Increase Inspection Activities

Two recent news items shine a spotlight on MSHA, its inspection corps, and several publicly acknowledged inspection failures. On February 5, 2013, the W.Va. Supreme Court published a decision that, for purposes of the Federal...more

Patton Boggs Insights - December 2012: Litigation/Courts: Appeals Court Rules On MSHA Temporary Reinstatement

A miner’s temporary reinstatement benefits stop once the Federal Mine Safety and Health Review Commission orders an end to a discrimination proceeding. The ruling last month by the US Seventh Circuit Court of Appeals is a...more

Patton Boggs Insights - December 2012: Litigation/Courts: MSHA Medical Records Demand Raises Constitutional Issues

MSHA’s demand in 2010 for mine operators to disclose confidential medical and business records led to a court challenge alleging that it violated the Fourth Amendment prohibition against warrantless search and seizure as well...more

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