May 21, 2010
MSHA Would Allow Massey Lawyers inside Interviewee Rooms, No Representative(s) for Miners or Survivors
By Tony Rutherford
Huntingtonnews.net Reporter
Huntington, WV (HNN) – Filing a brief in opposition to dismissal of a federal lawsuit involving the Upper Big Branch disaster, attorney for the plaintiffs/survivors have argued “the government offers no response to the plaintiffs’ concern that MSHA itself may have played some role in the root causes of the Upper Big Branch disaster.”
While shutting the door on survivors , miners and plaintiffs, MSHA through its court filings has admitted that “established investigation procedures” will allow UBB “operator representatives” (i.e. lawyers paid by Massey). Should a witness accept counsel from Massey, MSHA’s procedures “the only entities that actually will be excluded are the miners and the families of those killed,” claiming their appearance would disrupt the investigation/interviews.
“Congress anticipated that miners and their designated representatives would play an active role in Mine Act enforcement. However, the private, voluntary investigative interviews MSHA shall now pursue, absent court intervention, will occur in secret without any role for the miners’ representatives,” wrote Grant Crandall , an attorney for the United Mine Workers of America.
To read the UMWA Response Brief in full, click HERE
To read the brief of the Estates of the surviving miners in full, click HERE
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MSHA Would Allow Massey Lawyers inside Interviewee Rooms, No Representative(s) for Miners or Survivors
By Tony Rutherford
Huntingtonnews.net Reporter
Huntington, WV (HNN) – Filing a brief in opposition to dismissal of a federal lawsuit involving the Upper Big Branch disaster, attorney for the plaintiffs/survivors have argued “the government offers no response to the plaintiffs’ concern that MSHA itself may have played some role in the root causes of the Upper Big Branch disaster.”
While shutting the door on survivors , miners and plaintiffs, MSHA through its court filings has admitted that “established investigation procedures” will allow UBB “operator representatives” (i.e. lawyers paid by Massey). Should a witness accept counsel from Massey, MSHA’s procedures “the only entities that actually will be excluded are the miners and the families of those killed,” claiming their appearance would disrupt the investigation/interviews.
“Congress anticipated that miners and their designated representatives would play an active role in Mine Act enforcement. However, the private, voluntary investigative interviews MSHA shall now pursue, absent court intervention, will occur in secret without any role for the miners’ representatives,” wrote Grant Crandall , an attorney for the United Mine Workers of America.
To read the UMWA Response Brief in full, click HERE
To read the brief of the Estates of the surviving miners in full, click HERE
Share This Story:
Make HNN Your Homepage (IE Users Only)
