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Negligence Workplace Safety

Segal McCambridge

New York Labor Law Appellate Division Round-Up

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Issues involved with construction accidents in New York are very fact-specific, and it is important to obtain testimony and evidence of all aspects of the construction project to try and defeat a summary judgment motion....more

Foley Hoag LLP

Product Liability Update - April 2024

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Foley Hoag LLP publishes this quarterly Update primarily concerning developments in product liability and related law from federal and state courts applicable to Massachusetts, but also featuring selected developments for New...more

Husch Blackwell LLP

Firearms in the Workplace

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In 2021, there was a mass shooting at a high school in Michigan in which four students were killed. As a result of this shooting, not only was the shooter prosecuted, but the parents of the shooter were charged with criminal...more

Lewitt Hackman

California Courts Weighing In re Employees and COVID-19

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California courts recently issued two guiding decisions relating to COVID-19: In Thai v. International Business Machines Corp., 2023 Cal. App. LEXIS 526, the Court of Appeal held that a government mandate to work from...more

CDF Labor Law LLP

California Supreme Court Declines to Impose Tort Duty on Employers to Prevent Spread of COVID-19 to Employees’ Households

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The California Supreme Court held last week that a California employer does not owe a duty of care to prevent the spread of COVID-19 to members of an employee’s household. In a unanimous decision, Kuciemba v. Victory...more

Seyfarth Shaw LLP

California Supremes Set Bounds on Employer Duty to Non-Workers

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Seyfarth Synopsis: The California Supreme Court unanimously held that while claims brought by an employee’s spouse for COVID injury are not barred by the Workers’ Compensation Act’s (WCA) exclusivity provision, policy...more

Fisher Phillips

California Supreme Court Shuts Down COVID-19 Liability Claim from Worker’s Wife: 4 Key Takeaways for Employers

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The California Supreme Court handed employers a win last week by making it clear that they do not have a duty to prevent the spread of COVID-19 to employees' household members. The court didn’t go so far as to say such claims...more

Laughlin, Falbo, Levy & Moresi LLP

Kuciemba Update: Supreme Court Answers Long-Awaited Questions on Family Member COVID-19 Claims

In a unanimous opinion, the California Supreme Court answered two questions posed to it by the Ninth Circuit Court of Appeal, finding that an employer is not liable for a COVID-19 injury sustained by an employee’s household...more

MoFo Employment Law Commentary (ELC)

Employer Take Home Test: California Supreme Court To Consider Employer Liability For So-Called Take Home COVID-19

COVID-19-related litigation remains on the frontline as the California Supreme Court agreed to decide, in Corby Kuciemba et al. v. Victory Woodworks Inc., case number S274191, whether employers may be liable for COVID-19...more

Proskauer - California Employment Law

California Supreme Court to Determine Scope of Employer Liability for At-Home Spread of COVID-19

Last week, the California Supreme Court agreed to decide two unique questions with far-reaching implications for employer liability: (1) may an employer be held liable to an employee’s spouse when an employee contracts...more

Fisher Phillips

PEO Pointers: The California Supreme Court Greenlights “Gamechanger” Trial of COVID-19 Negligence Claims

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Welcome to “PEO Pointers,” a regular series of quick-read alerts to keep PEOs and their client companies up to speed on the latest issues affecting the industry and what they can do to ensure compliance. The California...more

Cranfill Sumner LLP

Six Tips for Summer Accident and Disaster Preparedness

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The days are growing longer and warmer on the Atlantic coast. That means tourism season – and hurricane season – are almost upon us. Summer 2022 is predicted to be record breaking both in terms of travel and significant...more

Foley & Lardner LLP

The COVID-19 ETS Is Gone, But Employers Must Still Take and Implement Workplace Protections – or Fail at Their Peril

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As the entire country should know by now, on January 13, 2022, the United States Supreme Court issued an Opinion reinstating the stay of enforcement by OSHA of its Emergency Temporary Standard for COVID-19 (ETS). You can...more

Fisher Phillips

California Court Ruling Opens Door to COVID-19 Claims by Non-Employees Catching Virus from Workers

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A common question posed during the pandemic has been whether employers can face liability for COVID-19 infections originating in the workplace. As to employees who contract COVID-19, the answer has been that an employee’s...more

Conn Kavanaugh

Lawsuits in the Aftermath of Rust

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Anton Chekhov famously observed that any gun introduced to a story must be fired. And indeed Hollywood producers and directors have followed that rule without fail for about 100 years, recently with tragic consequences on the...more

Sherman & Howard L.L.C.

No Employer Liability For The COVID-19 Death Of A Family Member

If an employee contracts COVID-19 at work and transmits the illness to a spouse, who then dies, is the employer liable? In Estate of William Madden v. Southwest Airlines, Co., the U.S. District Court for the District of...more

Lowndes

Updated: Florida Legislature Advancing COVID-19 Liability Shield Bills

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Updated March 9, 2021 - On March 5, 2021, Florida’s House passed HB 7 which if ratified by the Senate and signed by the Governor will make proving a personal injury case arising from COVID liability in Florida all but...more

Jackson Lewis P.C.

Employer Not Liable For Spouse’s COVID-19 Infection, California Court Rules

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One year into the COVID-19 pandemic, U.S. courts are wrestling with a growing number of new legal theories related to COVID-19. Not surprisingly, California – the most populous state with some of the most employee friendly...more

Jackson Lewis P.C.

The Year Ahead: Litigation Hot Spots at a Glance

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With COVID-19 giving rise to a whole host of new claims ranging from issues surrounding remote work to tuition reimbursement as well as new developments in the area of sexual orientation and gender identity, employers need a...more

Rumberger | Kirk

Intersection Between COVID-19 and Worker's Compensation Immunity: Are Employers at Risk of Civil Litigation?

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Florida employers may be at risk of civil litigation if employees successfully circumvent the workers’ compensation scheme for COVID-19 related injury or death during the course and scope of their employment.  In fact,...more

TNG Consulting

Campuses and the Courts: M.M. v. San Juan Unified Sch. Dist.

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M.M. v. San Juan Unified Sch. Dist., No. 219CV00398TLNEFB, 2020 WL 5702265 (E.D. Cal. Sept. 24, 2020) - SUMMARY OF PROCEDURAL HISTORY: M.M., a nine-year-old female student in the San Juan Unified School District (SJUSD),...more

Cohen Seglias Pallas Greenhall & Furman PC

Navigating the New Normal: Risk Management and Legal Considerations for Real Estate Companies

As the world continues to reopen, landlords—both residential and commercial—need to understand their responsibilities for creating a safe and secure property for their tenants and employees. In this webinar, a panel of real...more

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] Navigating the New Normal: Risk Management and Legal Considerations for Real Estate Companies - October 6th, 12:00 pm -...

As the world continues to reopen, landlords—both residential and commercial—need to understand their responsibilities for creating a safe and secure property for their tenants and employees. In this webinar, a panel of real...more

Spilman Thomas & Battle, PLLC

COVID-19 and Unprecedented: Litigation Insights - Issue 23, September 2020

COVID-19 and Unprecedented: Litigation Insights, Issue 23 - This 23rd edition of Unprecedented, our weekly update on COVID-19-related litigation, sees us returning from a brief Labor Day break. The spate of lawsuits...more

K&L Gates LLP

COVID-19: Proposed SAFE TO WORK Act Would Provide Businesses Broad COVID-19 Liability Protections

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As Congress continues to discuss the next coronavirus (COVID-19) stimulus package, one bill in particular has become a flash point in the negotiations: the SAFE TO WORK Act, which would provide far-reaching liability...more

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