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Appeals Board hears litigation schedule; chief counsel reports a new federal suit naming chair and executive officer
Summary
Chief Counsel Aaron Jackson updated the California Occupational Safety and Health Appeals Board on appellate and Superior Court dockets, upcoming hearings and demurrers, and reported a newly filed federal lawsuit that names Chair Ed Lowry and Executive Officer Scott Pease in their professional capacities; the Board said it has not been served.
The California Occupational Safety and Health Appeals Board received a litigation update March 11 from Chief Counsel Aaron Jackson that outlined multiple pending matters in the Superior Court and appellate courts and noted a newly filed federal lawsuit naming Board Chair Ed Lowry and Executive Officer Scott Pease in their professional capacities.
Jackson summarized recent activity and upcoming dates: oral argument in the General Dynamics NASSCO appeal (1300984) was heard March 10, 2026, and the Board is awaiting the appellate opinion; hearings or demurrer proceedings were scheduled or rescheduled in several matters, including Baldi/Arana (1568252), Metropolitan News Company (1689021) and Uber (1594663). He also said the hearing on The Geo Group demurrer was moved to May 29, 2026. The Board was informed that a new federal complaint has been filed naming Lowry and Pease, and that the Board had not yet been served with that complaint.
The litigation report listed active Superior Court matters that the Board is tracking, including USA Waste of California, Arana Residential and Commercial Painting, Western Oilfields Supply Company, The Geo Group, Uber Technologies, Employbridge Holding Company, Sun Belt Rentals, Drill Tech Drilling & Shoring, Metropolitan News Company and the Los Angeles Police Department, among others. Jackson advised the Board these matters are at different procedural stages (writs, demurrers, hearings) and provided scheduled dates where available.
Board members did not vote on litigation matters during the public portion of the meeting; the report was informational. Chair Ed Lowry earlier said he observed oral argument in the General Dynamics NASSCO matter and that the Board will await the court’s opinion. The meeting record shows the Board has not been served with the newly filed federal complaint.
Next steps: the Board will monitor appellate opinions and scheduled hearings and will address service of the federal complaint if and when paperwork is received.
