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Employer Liability Issues Wrongful Death

Seyfarth Shaw LLP

Employers Consider Post-Dobbs Playbook in Dealing with Alabama Ruling on IVF Treatments

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Seyfarth Synopsis: Last week, the Alabama Supreme Court ruled that cryogenically frozen embryos are children and are protected from destruction under state law. This is the latest in a series of post-Dobbs judicial rulings...more

Seyfarth Shaw LLP

OSHA Reports 5,486 Occupational Fatalities in 2022, with Disproportionate Fatality Increases for African-American and Hispanic...

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Seyfarth Synopsis: The Bureau of Labor statistics addresses the rise in worker deaths in 2022, and expected data for 2023....more

Ius Laboris

Site supervisor found guilty of criminal negligence causing death

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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

Robinson+Cole Construction Law Zone

Another Law Will Increase Construction Costs in New York

New York recently enacted legislation known as Carlos’ Law, which increases penalties for corporate liability for the death of, or serious injury to, an employee.  The bill, S.621B / A.4947B, was named after Carlos Moncayo, a...more

Parker Poe Adams & Bernstein LLP

North Carolina Appellate Court Finds Exception to Workers' Comp Exclusivity Based on Alleged Willful Conduct

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

Littler

New York State Poised to Significantly Increase Fines for Workplace Injuries and Deaths

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On December 12, 2022, the New York State Legislature passed a workplace safety bill known as “Carlos’ Law.” This bill, originally introduced in 2017 and named for an individual who died on a construction worksite in 2015,...more

Fisher Phillips

PEO Pointers: The California Supreme Court Greenlights “Gamechanger” Trial of COVID-19 Negligence Claims

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Welcome to “PEO Pointers,” a regular series of quick-read alerts to keep PEOs and their client companies up to speed on the latest issues affecting the industry and what they can do to ensure compliance. The California...more

Esquire Deposition Solutions, LLC

COVID-19 Litigation: Clear Sailing or Calm Before the Storm?

The last time we looked at litigation arising from the COVID-19 pandemic, it appeared that businesses and their insurers faced a grave risk of being buried by COVID-related lawsuits. So far, however, the worst fears within...more

Cranfill Sumner LLP

Death Claim Series - To Whom are the Benefits Owed?

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Over the last several weeks, I have been releasing a series of articles on North Carolina Workers’ Compensation Death Claims. This series addresses the following five over-arching issues...more

Sherman & Howard L.L.C.

COVID-19 Workplace Liability May Include Workers’ Comp. and Torts

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

ArentFox Schiff

California Court Rules Employer Must Face Lawsuit Over COVID Death of Employee's Spouse

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A California appellate court has ruled that a wrongful death action filed by an employee and her children arising from the death of the employee's spouse from COVID-19 after she allegedly contracted the virus at work and...more

Fisher Phillips

PEO Pointers: Court Decision Means Employers Could Face COVID-19 Injury and Death Claims for Workplace Exposures

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Welcome to "PEO Pointers," a regular series of quick-read alerts to keep PEOs and their client companies up to speed on the latest issues affecting the industry and what they can do to ensure compliance....more

Fisher Phillips

California Court Ruling Opens Door to COVID-19 Claims by Non-Employees Catching Virus from Workers

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A common question posed during the pandemic has been whether employers can face liability for COVID-19 infections originating in the workplace. As to employees who contract COVID-19, the answer has been that an employee’s...more

Cranfill Sumner LLP

Death Claim Series – Whether the Accident or Occupational Disease Caused the Resulting Death.

Cranfill Sumner LLP on

Over the next several weeks I will be releasing a series of articles on North Carolina Workers’ Compensation Death Claims.  The articles will address the following five over-arching issues...more

Fisher Phillips

Pending California Case Could Upend Workers’ Compensation “Exclusive Remedy” for COVID-19 Claims

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One silver lining for employers during the pandemic has been the reality that they shouldn’t fear any potential tort liability for COVID-19 cases stemming from the workplace – or should they? Most employers (and attorneys and...more

Foley & Lardner LLP

Maryland Federal Court Limits Employer Liability to Third Parties in the Face of COVID-19

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On June 23, 2021, the U.S. District Court in Maryland dismissed a case in which a Southwest Airlines Co. (Southwest) flight attendant sued the airline for the wrongful death of her husband. In the case, Estate of William...more

Parker Poe Adams & Bernstein LLP

New COVID-19 Lawsuits Allege Duty of Care to Employees' Household Members

A new wave of lawsuits is attempting to impose legal liability on companies whose alleged negligence resulted in an employee becoming infected with the COVID-19 virus and then passing the illness to a household member who...more

Jackson Lewis P.C.

Wisconsin Passes COVID-19 Civil Liability Exemption For Employers

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Businesses, schools, nonprofits, and other employers in Wisconsin are protected from COVID-19 litigation under 2021 Special Session Senate Bill 1, signed into law as 2021 Wisconsin Act 4 by Governor Tony Evers on February 26,...more

Lathrop GPM

The Franchise Memorandum - Issue # 262

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California Supreme Court Applies Independent Contractor Standard Retroactively; Does Not Reach Applicability to Franchises - The California Supreme Court has held that its Dynamex decision applies retroactively, answering...more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Insights, Volume 2, Issue 2 - January 2021

Welcome to the second issue of the 2021 edition of Unprecedented. The first week of the Biden administration already has represented a shift to the federal government's approach to the COVID-19 pandemic. In addition to...more

Spilman Thomas & Battle, PLLC

COVID-19 and Unprecedented: Litigation Insights, Issue 33, November 2020

Litigators often refer to so-called "bad facts," which are the facts that have the potential to sink a case with a jury. This 33rd issue of Unprecedented discusses a case with perhaps the worst alleged set of "bad facts" that...more

Rumberger | Kirk

Intersection Between COVID-19 and Worker's Compensation Immunity: Are Employers at Risk of Civil Litigation?

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Florida employers may be at risk of civil litigation if employees successfully circumvent the workers’ compensation scheme for COVID-19 related injury or death during the course and scope of their employment.  In fact,...more

Akerman LLP - HR Defense

COVID-19 Related Litigation Surges: What Employers Can Do To Minimize Exposure

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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

Spilman Thomas & Battle, PLLC

COVID-19 and Unprecedented Litigation Insights, Issue 26, October 2020

This 26th edition of Unprecedented, our weekly update on COVID-19-related litigation, sees us returning to now-familiar topics involving liability protection for businesses, wrongful death lawsuits (particularly those...more

Fisher Phillips

August 2020: The Top 17 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

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