Bloomberg Law
Oct. 3, 2019, 12:04 PM

Mine Safety Panel Limits Judge’s Settlement Discretion

Fatima Hussein
Fatima Hussein
Legal Reporter

An administrative law judge abused his discretion by asking for more details in a settlement between the Mine Safety and Health Administration and Indianapolis-based coal mine operator Solar Sources Mining, LLC, the Federal Mine Safety and Health Review Commission concluded.

The decision could affect the vast majority of mine safety cases that end up settling, said Willa Perlmutter, a mining litigator at Stoel Rives LLP in Portland, Ore.

“This is a good sign in terms of the prospects of future settlements,” Perlmutter said. The decision places clear limitations on administrative law judges’ ability to review the materials and ...

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