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September 4, 2008
Today the Washington State Supreme Court rejected Fluor’s appeal of the 2005 $4.8 million jury verdict, now worth more than $7.3 million with attorney fees and interest, awarded in favor of eleven Hanford pipe fitters who were fired by Fluor after some of them refused to install an underrated valve in a pipeline that was to carry highly toxic waste. Others were terminated by Fluor for supporting the original pipe fitters or for testifying truthfully as witnesses. The pipe fitters filed whistleblower retaliation claims with the Department of Labor after being terminated. In that forum, their ability to obtain evidence from Fluor and third parties to prove their case was limited. In 1999, the pipe fitters filed a civil suit in Benton County Superior court for wrongful discharge and left the Department of Labor forum after determining that procedural weaknesses in the forum would not ensure a fair
The Supreme Court ruled that Fluor waived its right to raise its main argument because it failed to raise the argument at the trial court. The Court also ruled that the trial court properly allowed the jury to hear testimony of other Fluor employees who had been victims of discrimination because it was relevant to show Fluor’s retaliatory intent.
Jack represented these plaintiffs at trial and on appeal. With interest, the total judgments plus attorney fees now exceed $7.3 million. The pipe fitters have finally been fully compensated for Fluor’s attempt to punish them for standing up for safety. We should all be proud of these Hanford heroes who had the courage to report unsafe conditions that put all Tri-City families at risk and the courage to fight for justice to the end: Scott Brundridge, Chuck Cable, Dave Faubion, Don Hodgins, Jessie Jaymes, Clyde Killen, Pete Nicacio, Shane O”Leary, Ray Richardson, Jimmy Stull, and Randy Walli. They and others like them help keep Hanford safe! Congratulations!
Click here for copy of 9/4/08 Supreme Court opinion. Click here for the 12/21/07 brief and Appendix 4 (DOE Attorney Carosino Declaration stating Fluor and DOE share “common interest” in litigation and DOE communications with Fluor are subject to attorney client privilege). Click here to view a video of the oral argument. Click here to view newspaper article.
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