Labor & Employment Personal Injury

Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.
News & Analysis as of

Upheld: Injured Subcontractor’s Lent Employee Has No Claim Against Landowner or General Contractor After Choosing Workers’...

In Lee v. M and H Enterprises, Inc., — P.3d —- (decided Apr. 21, 2015), the Arizona Court of Appeals recently clarified why, in most cases, landowners and general contractors are not liable when subcontractor employees are...more

Litigation Alert: "Texas Supreme Court Affirms Protection for Business Property Owners"

The Supreme Court of Texas, interpreting Chapter 95 of the Texas Civil Practices & Remedies Code, affirmed that business property owners have broad protections against suits for injuries claimed by contractors, subcontractors...more

Pa. Toxic Tort Settlement Shows Potential Danger in Benzene Exposure Lawsuits

A settlement recently reached between U.S. Steel Corp. and the widow of a Pennsylvania man allegedly exposed to benzene may fuel use of toxic tort lawsuits to sue over benzene exposures. ...more

Proffers 101: When to Make Your Offer of Proof

Where a party challenges a trial court’s ruling excluding testimony, appellate courts generally require the substance of the excluded evidence to have been set forth on the record or else the challenge will not be properly...more

Paul Watler Speaks: Save the Plane – Or Save Yourself From a Libel Suit?

Fear of liability may match fear of flying for many Americans. We all know that commercial aviation is one of the safest forms of modern transportation. But it only takes a gut-wrenching drop of an aircraft in the...more

Is the employer hijacking the case, or not?

The Labour Tribunal is a specialised court set up to provide a simple, inexpensive and informal means of resolving employment disputes in Hong Kong. The Tribunal has exclusive jurisdiction to deal with claims arising from a...more

Why janitors have a high risk of injury

Janitors have an important impact on the health and safety of other workers. They keep buildings clean, well maintained, well lit, comfortable and secure. Unfortunately, janitorial work can lead to serious health problems. ...more

Appellate Court Notes

- AC35807 - Llera v. Commissioner of Correction [Not summarized.] - AC36240 - Customers Bank v. Tomonto Industries, LLC Plaintiff bank acquired the assets of a defunct bank from the FDIC, including the $3...more

Guns on Company Property: Think Twice Before Taking Action

In the latest round of gun law regulations, Governor Bill Haslam has signed an amendment to Tennessee's "Guns in Trunks" law. The amendment allows employees to sue their employers if they are disciplined or fired for storing...more

Court finds employer not vicariously liable for actions of employees against other employees

In Palmer & Ors v State of Queensland [2015] QDC 63, a determination by Judge McGill of the Brisbane District Court delivered on 27 March 2015 determined that the employer, Disability Services Queensland, took all reasonable...more

Case Update: Families of Factory Workers Awarded Punitive Damages to the Tune of Almost $40 Million

A few weeks ago, we told you about a jury awarding over eight million dollars to the families of two factory workers who were killed by a co-worker in 2010. As it turns out, that award was just the beginning. Last week, a...more

Summary of California Appellate Decisions - March 2015

HOW TO USE THIS CASE SERVICE - When you receive your summaries, each page will have an alphabetical letter located in the upper right-hand corner. Each alphabetical letter corresponds to a separate subject matter...more

Terrorism, Fraud, and the RCRA Corrosivity Characteristic

With a back story sparked by the tragedy of 9/11 and that at times reads like a novel teeming with alleged government cover-up, fraud and employee persecution, EPA has agreed to a March 31, 2016, deadline for deciding whether...more

NC Business Court On A Barely Ever Referenced Rule Of Civil Procedure And A Host Of Employment-Related Claims

There are undoubtedly many of the Rules of Civil Procedure that you remember by number. Certainly Rules 12, 56, and 65. But Rule 10(b)? What does that even say?...more

Top franchise matters of 2014

DLA Piper IPT partners Barry Heller, John Verhey and John Hughes recently conducted a webinar reviewing 2014’s top franchise decisions. Three significant 2014 matters are summarized below. 1. In Patterson v. Domino’s...more

The Perennial Problem of References

Most employers would be very happy to receive a frank appraisal from a prospective employee’s former employer. Yet most employers are themselves reluctant to give references concerning former employees, or any information...more

Wearable Tech in the Workplace, Version 2.0

Wearable technology or wearable tech is the latest craze in personal electronics. The phrase encompasses anything electronic that is worn by a user. It took center stage at the 2014 Consumer Electronics Show, and since then,...more

Jury Awards Families of Murdered Employees Over $8 Million

Recently, a Philadelphia jury awarded over $8 million dollars to the families of two factory workers killed by a co-worker in 2010. Concerns about the employee had been reported in the past, and she was suspended the day she...more

Bus Driver’s Aneurysm Found Compensable

The South Carolina Court of Appeals issued an opinion on February 18, 2015, wherein it found a bus driver’s death due to an aneurysm compensable and the driver’s common-law wife entitled to benefits. ...more

Warning to NY litigators - What privilege attaches to pre-litigation attorney statements? NY appeals court answers: qualified

New York law has long recognized that attorneys who make defamatory statements in connection with an existing litigation enjoy an absolute privilege against claims for libel and slander. Whether such a privilege extends to...more

Appellate Court Notes

- SC18927 - State v. Gonzalez - AC35406 - Rodriguez v. State - AC35570 - Tremper v. State - AC35972 - Bouchard v. Deep River [Dumpster diving can be hazardous to your health. As a devotee of the...more

One work accident; multiple defendants; different substantive laws

The choice of law provisions contained in legislation governing injuries to workers in force across the nation are complex and often difficult to apply. While their purpose is to enable a determination to be made on the...more

N.J. High Court Adopts Faragher-Ellerth Defense for LAD Sexual Harassment Claims

Last week, in Aguas v. New Jersey, No. A-35-13 (Feb. 11, 2015), New Jersey’s high court embraced the federal Faragher-Ellerth defense for claims alleging vicarious liability for supervisory sexual harassment under New...more

Claim Which Was Time-Barred From Continuing In The Employment Tribunal May Still Be Pursued In The High Court

In Nayif v The High Commission of Brunei Darussalam [2014] EWCA Civ 1521 the Court of Appeal allowed a personal injury claim to be pursued in the High Court, even though a discrimination claim based on the same facts was...more

New Jersey high court decision will reshape employer liability in sexual harassment cases

On February 11, 2015, the New Jersey Supreme Court issued a significant sexual harassment decision that offers something positive for both employers and employees. Employers will be happy that the Court has, after...more

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