Last month, the Fifth Circuit Court of Appeals affirmed a $35,000 fine against an employer whose foreman, despite explicit instructions by a company manager to fix an Occupational Safety and Health Administration (“OSHA”)...more
A number of states have passed or are considering passing legislation to shield certain businesses from liability from claims for injury caused by exposure to COVID-19. Generally, the laws require that the business was in...more
In addition to the familiar lawsuits that we have been seeing since the pandemic started this spring, there have been new developments with the Pennsylvania Legislature, the Supreme Court of the United States, a major sports...more
In recent years the buzz in organizational criminal liability has come from so-called “individual liability” for acts of corporate wrongdoing—the idea that managers and employees are not immune from individual prosecution for...more
On February 1, 2017, the United States Court of Appeals for the Seventh Circuit affirmed the decision of the Occupational Safety and Health Review Commission (“Commission”) which imposed serious willful citations under the...more
Historically, there are few criminal convictions for violations of the Occupational Safety and Health Act of 1970, and the majority of those violations were related to dishonesty during OSHA inspections and interviews. Though...more
On July 24, 2013, the Eleventh Circuit joined several other courts of appeal in declining to allow the Secretary of Labor to lay blame for a supervisor's knowledge of his own misconduct to his employer in establishing a prima...more
In “Legally Blonde,” Reese Witherspoon’s hairdresser catches the eye of her crush, the sexy delivery driver. In spite of starting with an awkward misfire with the hairdresser smacking the delivery driver in the nose, the...more