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January 17, 2008
Today the Washington State Supreme Court heard oral argument on Fluor’s appeal of the 2005 $4.8 million jury verdict 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 a witness. In 2000, the pipe fitters left the Department of Labor administrative forum, which provides for a hearing before an administrative law judge, after determining that procedural weaknesses in the forum would not ensure a fair hearing.
Jack Sheridan represented the eleven pipe fitters at trial and on appeal. After a six week trial, the jury awarded damages totaling $4.8 million, and the trial judge ordered an additional $1.5 million in attorney fees. Fluor’s attorney fees in defending the case were paid to Fluor’s attorneys by the Department of Energy. Fluor appealed the jury verdicts arguing that the pipe fitters should have been forced to remain in the federal administrative forum under federal law instead of being allowed to bring their cases to the Benton County Superior Court under state law.
On appeal, Jack argued that if the Court does not permit whistleblowers like the pipe fitters to bring their claims to state court, future Hanford whistleblowers who find the federal administrative forum to be inadequate may not stand up for safety or to protect the environment. He noted that one of the reasons Hanford workers may not trust the federal forum is because the Department of Energy actively supports and pays for Hanford contractors like Fluor in opposing whistleblower claims. See attached 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). See also the pipe fitters’ brief to Division III Court of Appeals. See newspaper article.
The pipe fitters are hopeful that the Court will announce its decision in 2008. Although Fluor has been paid for their legal expenses, the pipe fitters have not been paid for their damages and their attorneys have not been paid for their services dating back to 1999 owing to the appeal. Click here to view a video of the oral argument.
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