In December 2024, the Good Samaritan Remediation of Abandoned Hardrock Mines Act became law. Lauded by the National Mining Association as “the final step in securing a key solution to tackle the long-overdue cleanup of legacy...more
The Good Samaritan Remediation of Abandoned Hardrock Mines Act of 2024 (S. 2781) was signed into law on December 17, 2024, by President Joe Biden. This was a bipartisan measure consisting of 21 Republicans, 17 Democrats, and...more
On December 17, 2024, President Biden signed into law the bipartisan Good Samaritan Remediation of Abandoned Hardrock Mines Act of 2024 (Public Law No. 118-155) (the “Act”). The Act is a response to ongoing environmental...more
On September 27, 2024, Governor Gavin Newsom signed into law legislation that requires the California Division of Occupational Safety and Health (Cal/OSHA) to submit a draft rulemaking proposal to revise the California Code...more
The United States Senate Environment & Public Works Committee (“Committee”) has moved to the full Senate legislation titled: Good Samaritan Remediation of Abandoned Hardrock Mines Act of 2024 (“Mines Act”)...more
In one of the few cases to apply the student suicide prevention duty first recognized by the Massachusetts Supreme Judicial Court in Nguyen v. MIT, 479 Mass. 436 (2018), a state trial court recently found that Harvard...more
Don't wait until an employee or customer overdoses on opioids at your business to consider implementing a workplace naloxone program. Naloxone is a life-saving opioid overdose treatment that is administered as a nasal spray...more
Less than one week after issuing an order vacating its own March 2021 opinion in an important Communications Decency Act (“CDA”) case and granting a petition for rehearing, the Second Circuit issued a new opinion reaffirming...more
In Florida, the temperate climate, numerous tourist attractions, and size of the state all lead to more drivers than usual being out on the roads. One of the premier research agencies for the automotive aftermarket industry,...more
Favorable news for Ohio health care providers during this difficult COVID pandemic: on September 14, 2020, Ohio Governor Mike DeWine signed the Good Samaritan Expansion Bill, House Bill 606, into law. The law provides...more
President Trump signed an Executive Order today attempting to curtail legal protections under Section 230 of the Communications Decency Act (“Section 230” or the “CDA”). The Executive Order strives to clarify that Section 230...more
As the COVID-19 pandemic continues to strain the manpower and protective tools necessary to combat the spread of infectious disease, many companies are stepping up efforts to produce, modify and/or distribute essential...more
“Good Samaritan” companies may be exposing themselves to potential patent infringement liability when rapidly mobilizing to produce products for fighting the COVID-19 pandemic. In a previous e-alert, we discussed how these...more
The COVID-19 pandemic has led many companies to marshal their resources to produce products such as coronavirus test kits, pharmaceutical treatments, vaccines, ventilators, and personal protective equipment. The urgent need...more
Recently, my colleagues Colin Kelly, Caroline Gieser, Michael Polatsek, and I thought about the role that additive manufacturing (3D-printing) is playing in today’s brave new world....more
The most typical case that implicates Section 230 of the Communications Decency Act (CDA) involves a provider that hosts content and a third party plaintiff seeking to have content removed. Last month, in a less typical case,...more
Three recent court decisions affirmed the robust immunity under the Communications Decency Act (CDA), 47 U.S.C. §230(c), for online providers that host third-party content: the Second Circuit’s decision in Herrick v. Grindr...more
It looks like sister bills in New Jersey that would provide “immunity from civil and criminal liability for rescue of [an] animal from motor vehicle under inhumane conditions” are moving through the lame duck session of the...more
Every time a natural disaster hits, we learn of at least one person who tragically died of a heart attack when placed in a stressful or unusual situation. Sadly, we hear little about the hundreds of thousands of other deaths...more
In 2003, the Pennsylvania General Assembly amended Section 601 of the Workers’ Compensation Act to expand the definition of the word “employee” to include employees who, while in the course and scope of their employment,...more