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General Business Personal Injury Labor & Employment

Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.

Coverage Options for Employee Asbestos Claims

by K&L Gates LLP on

Over the past year, courts in Illinois and Pennsylvania have dramatically altered the ability of an employee to bring claims against past and present employers for asbestos-related injuries. Traditionally, employees were...more

Alien Tort Case Development: Litigation Against Exxon Mobil Corporation May Proceed

In late September, the District Court for the District of Columbia ruled that two closely related cases filed against Exxon Mobil Corporation, and several of the company’s subsidiaries, could proceed. Plaintiffs in both...more

Ninth Circuit Case Portends Implications for Alien Tort Claims Act Liability Throughout Corporate Supply Chains

by Littler on

The U.S. Supreme Court's recent decision in Kiobel v. Royal Dutch Petroleum upholding the dismissal of an Alien Tort Claims Act (ATCA) suit, left a great deal unanswered. The Kiobel decision did, however, limit the potential...more

The Construct - May 2014

In This Issue: - Green Law Corner - You Decide: Green Globes vs. LEED: The U.S. General Services Administration recently added Green Globes as an additional third-party green building certification system for...more

Illinois Court Holds Insured Cannot Deselect Insurer In Connection With Underlying Settlement

In its recent decision in AMCO Ins. Co. v. Cincinnati Ins. Co., 2014 Ill. App. LEXIS 296 (May 5, 2014), the Appellate Court of Illinois, First District, had occasion to consider whether an insurer selected by an insured’s...more

Texas Court of Appeals Has Put Some FCPA Internal Investigations in an Awkward Spot

by Brooks Pierce on

Given that this case was decided last summer, I can’t quite put the headline in the present tense. I’m slow to the draw on it, but I think it’s important. Last July, in Writt v. Shell Oil Co., 409 S.W.3d 59 (Tex. Ct. App....more

California Court Holds Food Truck Constitutes Mobile Equipment

In American States Insurance Company v. Travelers Property Casualty Company of America, 2014 Cal. App. LEXIS 74 (January 27, 2014), California’s Second Appellate District had occasion to consider whether a food truck...more

Seventh Circuit Addresses Coverage Under Workers’ Comp Policy

In its recent decision in YKK USA, Inc., v. Safety Nat’l Cas. Corp., 727 F.3d 782 (7th. Cir. 2013), the United States Court of Appeals for the Seventh Circuit had occasion to consider whether an employee’s common law claim...more

Louisiana Court Dismisses Excess Insurer’s Claim Against Primary Insurer

In its recent decision in RSUI Indem. Co. v. American States Ins. Co., 2013 U.S. Dist. LEXIS 161805 (E.D. La. Nov. 13, 2013), the United States District Court for the Eastern District of Louisiana had occasion to consider the...more

Employee's Retention of Separate Counsel in Radio Station Prank Death Suit Ruled Unnecessary -- Fee Claim Rejected

by Hinshaw & Culbertson LLP on

In Carter v. Entercom Sacramento LLC, the California Court of Appeal for the Third Appellate District decided a case involving a fee claim made by an employee. The fees were generated in litigation that arose from a fatal...more

Too poor to arbitrate, but rich enough to litigate???

by Sherman & Howard L.L.C. on

Yesterday the Arizona Court of Appeals decided a case that stands to undo the efficacy of arbitration agreements of all kinds in Arizona, including those found in the employment setting. Clark v. Renaissance West, LLC (Az....more

Employment Law -- Aug 28, 2013

Employer Liable for Employee’s Drunken Car Accident – After He Got Home - According to a recent California appellate court decision, an employer can be liable for an employee who drank too much at a company party, made...more

Liability of a General Contractor for Injuries Caused by Negligent Subcontractor

Because a general contractor is generally in charge of the entirety of a construction project, it is often assumed, and alleged in lawsuits, that the general contractor is legally responsible for the safety of the jobsite. ...more

Under Construction - June 2013: New Mexico’s Anti-Indemnity Act and Additional Insured Provisions

by Snell & Wilmer on

The New Mexico Anti-Indemnity Act related to construction projects was adopted to “promote safety in uniquely hazardous work place environments,” like construction sites, by holding each party accountable for its actions on a...more

Sexual Misconduct “During” Law Enforcement Activities Does Not “Arise Out of” Law Enforcement Activities

by Cozen O'Connor on

In a recent case before the U.S. District Court for the Central District of Illinois, the court held that jail employees were not entitled to coverage for sexual molestation of an inmate under the law enforcement coverage...more

Fenwick Employment Brief - June 2013: Court Rejects Walmart’s Bid to Kick Negligent Hiring Claim by Contractors’ Employees

by Fenwick & West LLP on

A California federal district court held that companies may owe a duty of care to their prospective contractor’s employees in the hiring of such contractors. In Carrillo v. Schneider Logistics, Inc., plaintiff Everardo...more

Seventh Circuit Holds Contractor Bodily Injury Exclusion Inapplicable

In its recent decision in Atlantic Casualty Ins. Co. v. Paszko Masonry, Inc., 2013 U.S. App. LEXIS 11561 (7th Cir. June 7, 2013), the United States Court of Appeals for the Seventh Circuit had occasion to consider whether a...more

Retail Industry Update, No. 2, June 2013: Handling Misconduct By (Someone Else's) Employees

by Fisher Phillips on

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

New Florida Statute Allows Limitation of Design Professional Liability

Over the past fourteen years, third parties have been able to maintain a direct negligence cause of action against an individual design professional, such as an architect or engineer, arising out a construction project,...more

Three Point Shot - April 2013

by Proskauer Rose LLP on

The (Gold) Gloves Are Off - Cincinnati Reds second baseman Brandon Phillips has a lot to say. He's well-known for being outspoken, and he's a prolific tweeter on his @DatDudeBP account, which boasts over 650,000...more

Supreme Court Ruling Limits Extraterritorial Application Of Alien Tort Statute

by Bilzin Sumberg on

U.S. companies with, or that were seeking to acquire, foreign operations often fretted over the possibility that plaintiffs in the foreign jurisdiction would seek to invoke the Alien Tort Statute ("ATS"), 28 U.S.C. § 1350,...more

U.S. Supreme Court Rules That Plan Terms Trump Equitable Defenses

Today, the U.S. Supreme Court issued its ruling in U.S. Airways, Inc. v. McCutchen in which the Court unanimously ruled that a clearly drafted reimbursement clause will trump all equitable defenses....more

Construction E-Note - March 28, 2013

by Burr & Forman on

In This Issue: - The Emperor’s New Economic Loss Rule - The Architect's Role in the Construction Project - USCIS Introduces New Form I-9 - Considering Construction Delivery Methods on Public Works - The...more

California Court Addresses Priority of Coverage In Auto Context

In the recent case GuideOne Mutual Insurance Company v. Utica National Insurance Group (4th Appellate Dist. 2/28/13), the California Court of Appeal considered priority of coverage among primary and excess insurers following...more

5th Circuit Holds No Coverage for Trucking Accident

In its recent decision in Canal Indem. Co. v. Rapid Logistics, 2013 U.S. App. LEXIS 3772 (5th Cir. Feb. 22, 2013), the United States Court of Appeals for the Fifth Circuit, applying Texas law, had occasion to consider whether...more

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