Texas House Passes Pandemic Liability Protection Act
More Emerging Litigation Claims and Demands from COVID-19
Seyfarth Synopsis: The Bureau of Labor statistics addresses the rise in worker deaths in 2022, and expected data for 2023....more
Last month, the owner of a Colorado construction company pled guilty to criminal manslaughter charges following the death of an employee as the result of a trench collapse. According to the federal Occupational Safety and...more
On May 24, 2023, Governor Tina Kotek signed into law legislation raising the maximum penalties for workplace fatality–related citations in Oregon far above federal limits. The law took effect immediately....more
Workers’ Compensation law is a double-edged sword. While employers cannot avoid Comp liability based on the employee’s negligent behavior, the injured employee cannot sue the employer outside of the Comp system for damages...more
In See’s Candies v. Ek, a California Appellate Court ruled that the plaintiff’s claims against her employer for negligence were not preempted by the exclusivity provisions of the California Workers’ Compensation Act; thus,...more
A recent California appellate court decision provides insight into the surprising reach of employers’ liability with respect to employee COVID-19 infections. In See’s Candies, Inc. v. Superior Ct. of Cal., 73 Cal.App.5th...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
The much-anticipated surge of COVID-19 pandemic-related litigation has begun. As the pandemic continues to lay siege to the United States economy, claimants’ lawyers and government agencies have begun setting their sights on...more
OSHA practitioners who have handled citations involving fatalities or severe injuries are most likely no strangers to considering how these citations including the alleged violation description might affect collateral...more
In the midst of the pandemic, meat processing facilities have struggled to meet demand while protecting employees. Governmental regulations, orders and guidelines often have seemed to be inconsistent with one another. Even...more
COVID-19 and Unprecedented: Litigation Insights, Issue 22 In our 22nd edition of Unprecedented, our weekly update on COVID-19-related litigation, we see cases against employers continue to rise, and offer insight for...more
Since March 2020, approximately 4,219 Covid-19 related cases have been filed across the United States, including: 1,004 Insurance Related Cases... 716 Prisoner/Habeas Corpus Cases... 538 Civil Rights Cases... 415 Labor and...more
Nevada recently enacted a pair of COVID-19 related laws that reward businesses for adhering to safety standards and carry the threat of serious business interruption for any that don’t. The first law grants legal immunity...more
This 17th edition of Unprecedented, our weekly update on COVID-19-related litigation, discusses everything from insurance coverage disputes to statewide shutdown orders. Despite an uphill climb towards liability, businesses...more
The COVID-19 pandemic has forced employers across the country to rapidly make numerous and significant decisions about how to manage their business in this unprecedented time. Employers have had to quickly develop and...more
This sixth edition of Unprecedented, our weekly update on COVID-19 litigation, sees us reporting on many of the same types of cases. Consumers continue to seek refunds for goods and services that have been disrupted by the...more
Re-opening the workplace may expose employers to potential liabilities, particularly if an employee contracts the virus from a workplace exposure. Some companies are already becoming involved in such lawsuits and they may...more
Among the many issues employers are struggling with in the midst of the current COVID-19 crisis is the risk of harm to an essential employee who is compelled to report to work. While, of course, most employers are proactively...more
On December 17, 2019, the Bureau of Labor Statistics (BLS) released its Census of Fatal Occupational Injuries Report for 2018....more
Welcome to 2020! As always, we at the Manufacturing Law Blog are starting the year with our annual forecasts of hot topics....more
Seyfarth Synopsis: The U.S. Occupational Safety and Health Administration (OSHA) has issued a standard interpretation cautioning employers on the use of headphones to listen to music on a construction site....more
Seyfarth Synopsis: The U.S. Bureau of Labor Statistics (BLS) recently released its annual National Census of Fatal Occupational Injuries (National Census), concluding that the fatal work injury rate in 2018 remained at 3.5...more
On Feb. 28 the Occupational Safety and Health Review Commission (OSHRC) reversed a citation issued to A.H. Sturgill Roofing, Inc. for the heat-related death of an employee, finding that all of the elements of proof of the...more
On July 17, 2018, the U.S. Court of Appeals for the Eighth Circuit affirmed a verdict that had found an employer criminally liable for an employee's fatal fall. ...more
Employers found to have committed repeat or willful violations of Occupational Safety and Health Administration standards are subject to citation penalties of 10 times those for ordinary violations, and in some cases...more