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Employer Liability Issues › Foreseeability

ArentFox Schiff

Working at Home: California Court Holds Employer Not Liable For Injuries

ArentFox Schiff on

California law generally requires employers to provide employees with a safe place to work. What, if anything, does this obligation entail when an employee works at home or another employee visits that private residence for...more

Butler Snow LLP

What About Me? Liability Considerations and Protections For Businesses Outside the Drug and Device Space in the COVID-19 Era

Butler Snow LLP on

It’s been nearly six months since the HHS Secretary declared COVID-19 a public health emergency. As communities emerge from quarantine, businesses are on high alert regarding potential COVID-19 liability. Some businesses...more

Blank Rome LLP

The Next Wave of Asbestos Litigation: Examining the Duty of Care in Take-Home/ Secondary Asbestos Exposure Claims

Blank Rome LLP on

The Rise of Take-Home or Secondary Exposure Asbestos Claims - Take-home asbestos claims are asserted by or on behalf of individuals who claim an asbestos-related injury arising from exposure to asbestos fibers through...more

Sheppard Mullin Richter & Hampton LLP

“Ban the Box” Laws & Workplace Violence: An Employer’s Failure to Sufficiently Perform Background Checks Could Lead To Costly...

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Many states and municipalities throughout the country have enacted laws that mandate the removal of criminal conviction history questions from job applications. This so-called “Ban the Box” movement theoretically provides...more

Fisher Phillips

New York Court Says Retailer Not Responsible For Unforeseeable Violence Against Patron

Fisher Phillips on

A federal district court in Brooklyn recently held that an employer does not owe a duty to protect patrons from assault unless the attack was “reasonably foreseeable,” specifying that businesses would only be put on such...more

Jones Day

Third Circuit Rules That WARN Act's "Unforeseeable Business Circumstances" Exception Requires That Layoffs Be Probable, Not...

Jones Day on

In Varela v. AE Liquidation, Inc. (In re AE Liquidation, Inc.), 866 F.3d 515 (3d Cir. 2017), the U.S. Court of Appeals for the Third Circuit became the sixth circuit court of appeals to rule that a "probability standard"...more

Winstead PC

Defending Nonsubscriber Lifting Injuries – Part IX – “Foreseeability”

Winstead PC on

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

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