News & Analysis as of

Workplace Injury Motions to Quash

Ogletree, Deakins, Nash, Smoak & Stewart,...

Oklahoma Supreme Court Quashes Noneconomic Damages Cap for Personal Injury Claims

A divided Oklahoma Supreme Court recently invalidated the $350,000 noneconomic damages cap on pain and suffering in personal injury lawsuits. In Beason v. I.E. Miller Services, Inc., the court held that the statutory damages...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Inspection Warrant/OSHA Enforcement: Federal Appellate Court Addresses Poultry Processing Facility's Motion to Quash

The United States Court of Appeals for the Eleventh Circuit (“Court”) addressed in an October 9th decision a dispute regarding a judicially-issued inspection warrant that the Occupational Safety and Health Administration...more

Fisher Phillips

Appeals Court Clamps Down On OSHA Investigations

Fisher Phillips on

In a significant victory for employers, a federal appeals court recently limited OSHA’s ability to expand accident investigations beyond their original and intended scope. The 11th Circuit’s decision in United States v....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Eleventh Circuit Limits OSHA’s Ability to Use OSHA Form 300 Logs to Obtain an Inspection Search Warrant

On October 9, 2018, the United States Court of Appeals for the Eleventh Circuit upheld a district court’s order quashing an Occupational Safety and Health Administration (OSHA) inspection warrant. OSHA unsuccessfully...more

Parker Poe Adams & Bernstein LLP

Eleventh Circuit Refuses to Allow Expanded OSHA Inspection

Occupational Safety and Health Administration workplace inspections are often triggered by an employee injury or complaint. In such circumstances, OSHA rules only permit the inspector to investigate the workplace safety...more

Fisher Phillips

Appeals Court Upholds Decision Limiting the Right of OSHA to Expand Inspections.

Fisher Phillips on

Oct. 9, 2018 We've waited for over a year to learn if the 11th Circuit Court of Appeals would uphold an earlier court decision saying that OSHA could not expand an injury-based inspection by arguing that injury records and an...more

Seyfarth Shaw LLP

Federal Magistrate Finds OSHA Warrant to Expand Incident Inspection “Improvidently Granted”

Seyfarth Shaw LLP on

Seyfarth Synopsis: In this recent case a Federal Magistrate Judge finds that OSHA has gone too far in expanding an incident inspection into a wall-to-wall inspection. A District Court Magistrate Judge recently...more

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