News & Analysis as of

Workplace Injury Negligence Bodily Injury

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

Chambliss, Bahner & Stophel, P.C.

Is a Personal Injury Settlement Taxed?

Approximately 6 percent of adult Americans experience an activity-limiting injury every three months, according to the Centers for Disease Control and Prevention (CDC). Injuries can happen because of carelessness, such as...more

Maison Law

What is the Statute of Limitations in California Personal Injury Law?

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What is a Personal Injury Case? As we explain below, California law imposes a two-year statute of limitations for personal injury cases. Initially, it helps that you understand the nature of a personal injury case....more

McAfee & Taft

Sheriff ok to fire depressed, intoxicated officer who claimed disability after shooting himself

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A federal appeals court recently upheld the firing of a law enforcement officer who intentionally shot himself while on duty and intoxicated. The decision reinforces an employer’s right to apply performance and conduct...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

Seyfarth Shaw LLP

OSHA Standard Interpretation Repeats Vague Warnings on Employee Use of Headphones in the Workplace

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Seyfarth Synopsis: The U.S. Occupational Safety and Health Administration (OSHA) has issued a standard interpretation cautioning employers on the use of headphones to listen to music on a construction site....more

Ward and Smith, P.A.

The Effect of Immigration Status on Personal Injury Claims in North Carolina

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Sadly, accidents happen, and individuals are injured across our state in all sorts of different ways. When the victim is a recent immigrant to the United States, they sometimes have questions about how immigration status...more

Baker Donelson

When Form Meets Substance: Two Fifth Circuit Decisions Chart the Boundary Lines of Summary Judgment

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Murky waters swirl in the legal gulf that separates the absence of any “genuine dispute[s] as to any material fact” (in which case summary judgment is appropriate); and the presence of non-speculative “evidence [on which] a...more

Franczek P.C.

Illinois Appellate Court Case Recognizes Limitations to Tort Immunity Act in Construction Context

Franczek P.C. on

The Local Governmental and Governmental Employees Tort Immunity Act (the “Act”) limits the liability of public bodies for claims of negligence, including in cases based on performance of discretionary functions. ...more

Carlton Fields

New York’s High Court Holds Additional Insured Coverage Extends Only to Injuries Proximately Caused by Named Insured’s Fault

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On June 6, the New York Court of Appeals in Burlington Insurance Co. v. NYC Transit Authority held that where liability is limited to injuries “caused, in whole or in part” by the named insured’s “acts or omissions,” coverage...more

Lewitt Hackman

No Excuses: Preventing Construction Site Accidents and Remembering the Dead

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With Spring comes not only warmer weather, a change in time, and the start of baseball, but a return of construction projects as builders begin another season of home and commercial building. ...more

Winstead PC

Defending Nonsubscriber Lifting Injuries – Part IX – “Foreseeability”

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In addition to proving “but for” (a.k.a., cause-in-fact) causation, the plaintiff must also prove as a separate element of causation that the injury was foreseeable to the defendant. In general, to prove foreseeability, the...more

Bennett Jones LLP

Court of Appeal Increases Corporate Fine in Fatal Accident

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In December 2009, four workers fell to their deaths while repairing balconies at an apartment complex in north Toronto. The accident was caused by the site supervisor’s negligence (he died in the accident). The construction...more

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