News & Analysis as of

Criminal Negligence

Cozen O'Connor

Westray Bill Gaining Traction Across Canada

Cozen O'Connor on

The enduring legal legacy of the Westray Mine disaster is the Bill C-45 amendment to the Criminal Code that established the new crime of Occupational Health and Safety (“OHS”) criminal negligence for individuals and...more

Ius Laboris

Site supervisor found guilty of criminal negligence causing death

Ius Laboris on

Michael Henderson, a young worker employed by Springhill Construction Ltd. died while working at a wastewater treatment and pumping plant in Fredericton, New Brunswick, in 2018.  The City of Fredericton contracted with...more

Conn Kavanaugh

Medication Errors Lead to a Criminal Conviction: What Nurses Should Know about the RaDonda Vaught Verdict

Conn Kavanaugh on

The case has rocked the medical profession. On March 25, 2022, a Tennessee jury found a former Vanderbilt University Medical Center nurse guilty of criminally negligent homicide and negligent abuse of an impaired adult....more

Allen Matkins

California Environmental Law & Policy Update - December 2021 #3

Allen Matkins on

Bayer bid to end Roundup suits draws U.S. Supreme Court inquiry - Bloomberg – December 13 - The U.S. Supreme Court signaled interest in Bayer AG’s bid to stop thousands of lawsuits claiming that its top-selling...more

Williams Mullen

Don’t Slip and Fall into Noncompliance: EPA’s Proposed Criminal Negligence Standard under the Clean Water Act

Williams Mullen on

The Clean Water Act (CWA) provides various means of enforcement against violators of its permitting programs, including sanctions for those guilty of criminal negligence. The chief programs in this regard are the National...more

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

Criminal Negligence Standard/State Clean Water Act Programs: U.S. Environmental Protection Agency Proposed Regulatory...

The United States Environmental Protection Agency (“EPA”) is proposing in a December 14th Federal Register Notice a regulation to “clarify” certain requirements for state or tribal programs approved pursuant to Clean Water...more

Jones Day

Queensland Government Passes Legislation Introducing Industrial Manslaughter Offence Into Resources Industry

Jones Day on

The Situation: Following the deaths of eight miners at Queensland coal mines in the past two years, the Queensland Labor government has been under mounting pressure from the Construction, Forestry, Maritime, Mining and Energy...more

Cozen O'Connor

Pennsylvania Attorney General Announces Nursing Home Criminal Investigations

Cozen O'Connor on

On May 12, Attorney General (AG) Josh Shapiro announced that the office’s Care-Dependent Neglect Team, which is part of the Medicaid Fraud Control unit, has launched investigations on potential cases of criminal neglect in...more

Gray Reed

Poaching Santa's Reindeer - What's the Penalty for Poaching Your Neighbor's Red Stag?

Gray Reed on

Releasing an image of a pickup truck closely resembling I.M. Steelin’s, Texas Parks and Wildlife investigators believe a red stag deer was shot by I.M. Steelin over the Thanksgiving weekend. The exotic, tame, breeding, red...more

Littler

Ontario Court Sentences Project Manager to 3.5 Years in Jail for Fatal Workplace Accident

Littler on

In a first for the province of Ontario, on January 11, 2016, a construction project manager charged and convicted under the Bill C-45 amendments to the Criminal Code was sentenced to serve time in prison for criminal...more

Gray Reed

Foreseeability and a Business Owner’s Liability for Criminal Acts of Others

Gray Reed on

Recently we’ve discussed how the foreseeability of the potential harm caused by a person’s actions can make them liable for negligence. Recent horrific events in Garland and Waco, Texas bring up a related question: can a...more

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