Personal Injury Civil Procedure Labor & Employment

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Workers’ Compensation Mediation – What Employers Need to Know

The costs of civil litigation, and uncertainties of a jury trial, have turned mediation into its own cottage industry. Now more than ever, parties involved in civil suits will voluntarily agree to mediate the dispute, with...more

On The Road Again: Where Does Jurisdiction Lie for a Traveling Employee's Out of State Work Injury?

For companies that employ traveling employees, such as truck drivers, dealing with work injuries sustained by such employees can be challenging, because predicting which state will have jurisdiction over the employee's injury...more

Illinois Supreme Court Decision Bars Employee from Bringing a Direct Civil Action against Employer for Alleged Asbestos Exposure...

In Folta v. Ferro Engineering, Ill.S.Ct. Docket No. 118070, Nov. 4, 2015, the Illinois Supreme Court reversed an Illinois Appellate Court decision and held that a personal injury and subsequent wrongful death suit brought on...more

ELL SCOTUS Series # 4 – Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan

In the fourth installment of articles looking at the employment law cases being heard by the US Supreme Court this fall term, Montanile addresses issues near and dear to every employer’s heart – ERISA plans and the...more

Labor Code § 2708 Presumption of Employer Negligence is Not Applicable Against Homeowners Who Hired Unlicensed Painting Company

In Vebr v. Culp (Filed 10/28/2015, No. G050730), the Fourth District Court of Appeal affirmed a trial court’s grant of summary judgment in favor of homeowners, where an employee of an unlicensed painting company was injured...more

Catastrophic Accident Resulted in a Workplace Fatality — Does Not Automatically Mean There Was an OSHA Violation

The Occupational Safety and Health Administration (OSHA) is charged with enforcing the Occupational Safety and Health Act (OSHA Act), and its various regulations intended to keep employees safe in their workplaces. Failure to...more

When Parent Has Been Unlawfully Fired, Can Kids Sue Employer? Court Overrules Precedent

The Connecticut Law Tribune reported earlier this month on a new Connecticut Supreme Court case that, for the first time, allowed claims brought by kids to proceed based on injuries suffered by their parents....more

California Court of Appeal Bars Plaintiffs’ Wrongful Death Action Involving an Employee Who Used his Employer’s...

The California Court of Appeal for the Second Appellate District affirmed a trial court’s grant of summary judgment in favor of a pipe manufacturer based upon the worker’s compensation exclusivity rule. Melendrez et al. v....more

4 Defenses to Employee Defamation Claims

The Recorder reports an uptick in defamation claims by fired employees. These claims are often in the form of plaintiffs saying that their bosses gave others false reasons for their firing. These types of claims strike fear...more

Health Alert (Australia) - August 17, 2015

In This Issue: - Judgments; Legislation; and Reports. - Excerpt from Judgements: New South Wales (NSW) 13 August 2015 - Waller v James [2015] NSWCA 232 The NSW...more

Louisiana Federal Court Rejects Expert Testimony Tying Gasoline to AML

Underscoring the importance of the distinction between a product and its component parts, a federal court in Louisiana refused to allow expert testimony that exposure to gasoline caused acute myeloid leukemia (“AML”) in a...more

Georgia Supreme Court Brings Clarity to Non-Party Fault Under The Apportionment Statute

The Georgia law regarding apportionment of liability in tort cases became more clear this month with the Georgia Supreme Court’s decision in Zaldivar v. Prickett, et al. Before the Court was the question of whether a...more

Jury Awards Ex-Intern $18 million for Attacks by her CEO Boss

In recent headlines, private equity CEO, Benjamin Wey, was found liable for defaming, sexually harassing and retaliating against former New York Global Group Intern Hanna Bouveng. The jury awarded her $2 million in...more

Wis. Supreme Court Applies the Discovery Rule to Accrual of Wrongful Death Claims

On June 24th, Wisconsin’s supreme court decided that the discovery rule—that is, the rule that a tort claim for which the legislature has provided no other rule “accrues” for statute-of-limitations purposes when the plaintiff...more

It’s Time We Finally Do Something About §42-1-580

My rule: blogs should be short and to the point, no more than four paragraphs. I have chastised attorneys in my firm who have created blogs that turned into epistles. Well, here is their chance to criticize me, because there...more

Tex. Sup. Court Clarifies the Duties of a Non-Subscribing Employer in the Face of Known Dangers

Late last week, the Texas Supreme Court clarified duties of employers for premises defects and declared that they have multiple duties to invitees/employees who come onto their property facing known dangerous...more

Employees Who Suffer Only Economic Losses From a Data Breach Cannot Sustain a Negligence Claim Against Their Employer

Creating a private cause of action in negligence for data breaches could result in the filing each year of possibly hundreds of thousands of lawsuits by persons whose confidential information may be in the hands of third...more

Pennsylvania Court Dismisses Data Breach Claims

In 2014, the University of Pittsburgh Medical Center’s computer system was hacked, resulting in the disclosure of sensitive personal information of current and former employees, including names, addresses, birthdates, social...more

Duty to Prevent Harm and Duty to Disclose are Both Part of General Duty to Exercise Reasonable Care

In Doe v. Superior Court (filed 5/29/15, No. H040674), the California Court of Appeal, Sixth Appellate District, held that a defendant’s reasonable duty of care to prevent harm to a minor and her parents encompassed the duty...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

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

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

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

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

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

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