News & Analysis as of

Workplace Safety Summary Judgment

Goldberg Segalla

General Contractor's Motion for Summary Judgment Denied in NYCAL

Goldberg Segalla on

Supreme Court of New York, New York County (NYCAL) - In this asbestos action, defendant Arconic, Inc. f/k/a Alcoa, Inc., (Alcoa) moved for summary judgment on the basis that asbestos-containing fireproofing material was...more

Goldberg Segalla

Labor Law Update Fall 2023

Goldberg Segalla on

EDITOR’S NOTE - As an initial matter, we experienced a bit of an anomaly with the Third Department. Typically, there are a number of Labor Law decisions that we report on. However, for this reporting period, our research...more

Proskauer - California Employment Law

Hirer Of Independent Contractor Is Not Liable For Injury To Contractor’s Employee

Miller v. Roseville Lodge No. 1293, 83 Cal. App. 5th 825 (2022) - Roseville Lodge No. 1293, Loyal Order of Moose, Inc., hired Charlie Gelatini to move an ATM on its premises. Ricky Lee Miller, Jr., who worked for Gelatini...more

Sherman & Howard L.L.C.

Mandatory Flu Vaccine Decision Highlights Risks Of Mandating COVID-19 Vaccine

A New York hospital sought to reduce the transmission of influenza by requiring employees to submit to the flu vaccine or face dismissal unless they could establish a medical contraindication warranting an exemption. A...more

Jackson Lewis P.C.

Seasonal Employee May Pursue Disability-Based Hostile Work Environment Claim, Court Rules

Jackson Lewis P.C. on

Reversing a district court’s grant of summary judgment, the Iowa Court of Appeals held an employee presented sufficient evidence for her disability-based hostile work environment claim to proceed to trial, despite the...more

Proskauer - California Employment Law

Hirer Of Independent Contractor Was Not Liable For Death Of Latter’s Employee

Horne v. Ahern Rentals, Inc., 50 Cal. App. 5th 192 (2020) - The surviving heirs of Ruben Dickerson sued Ahern Rentals, a company that leases forklifts and other heavy-duty construction vehicles to its customers....more

Harris Beach PLLC

Summary Judgment Denied In Toxic Tort Matter Involving Bladder Cancer and Exposure to O-Toluidine

Harris Beach PLLC on

A New York federal court recently issued a recommended decision denying Defendants’ motions for summary judgment in a toxic tort case involving workplace exposure to ortho-toluidine (“o-toluidine” or “OT”), an aromatic amine...more

Fisher Phillips

Safety Agency Applies Federal Law To Bar Employer Safety Violation Citation - Agency’s Application of 5th Circuit Appeals Court...

Fisher Phillips on

The federal agency that reviews OSHA safety violation cases, also known as the OSH Review Commission, recently adopted the decision of one of its Administrative Law Judges who applied 5th Circuit precedent to reject a safety...more

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