Wednesday, March 5th, 2008...8:02 am
DAlaska: Wage Claims and the Red Dog Mine
State wage claims in Bankruptcy Court: Bankruptcy Judge Donald MacDonald has refused to reconsider his earlier determination that creditor Robert Edelen was an independent contractor, not an employee of the debtor. MacDonald found “persuasive” a letter from the state Wage and Hour office.
In re Baxter, 2008 WL 544916 (Bankr.D.Alaska Feb. 25, 2008).
Pollution at the Red Dog Mine: Judge John Sedwick has resolved four legal issues in the litigation over possible pollution at the Red Dog Mine. He held, inter alia, that Teck Cominco may not rely on a “split sample” defense - i.e., it may not impeach its own reports by showing they are erroneous. He also held that a violation of a monthly average limit is a violation of each day of discharge.
Adams v. Teck Cominco Alaska, Inc., 2008 WL 544921 (D.Alaska Feb. 27, 2008).
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