MSHA Litigation from the Solicitor’s Perspective

For every contested MSHA citation, mine operators and their attorneys work hard to put the best case forward to tell the company’s side of the story. But in that same case, an attorney for the Department of Labor’s Office of the Solicitor is doing his or her best to show why the inspector was correct. In this episode, Arthur and Chris welcome their Fisher Phillips colleagues Matthew Korn and Patrick Dalin, both of whom began their legal careers litigating mine safety cases on behalf of MSHA. The wide-ranging discussion includes how MSHA cases are prioritized within the Solicitor’s Office, how MSHA’s attorneys build a case, and how the agency and its attorneys approach settlement. Matthew and Patrick also offer unique insights from the government’s perspective on how mine operators can best position themselves for a successful outcome in litigation.