News & Analysis as of

Liability Workers' Compensation Claim

Marshall Dennehey

Delaware Superior Court Reverses Industrial Accident Board Decision, Holding the Board Erred as a Matter of Law and Abused Its...

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United Parcel Service v. Willis, 2024 WL 5039034 (Del. Super. Ct. Dec. 6, 2024) - On June 8, 2021, at approximately 4 a.m., Mr. Willis was involved in single-vehicle accident when his work truck struck a guardrail. The...more

Goldberg Segalla

Appellate Court Affirms Denial of Appellant’s Motion for Summary Judgment

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Jurisdiction: Court of Appeals of Minnesota - Appellant Westrock Minnesota Corporation f/k/a Waldorf Corporation (Waldorf), challenged the district court’s ruling, denying summary judgment on respondent’s asbestos-related...more

Marshall Dennehey

NJ Supreme Court Affirms Dismissal of Third-party Complaint Against Insurer. Negligence, Gross Negligence, Recklessness Claims Are...

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Rodrigues v. Shelbourne Spring, LLC, No. A-39-23 (December 12, 2024) - In a unanimous decision, the New Jersey Supreme Court found Hartford Underwriters Insurance Company had no duty to defend the employer, SIR Electric LLC....more

Hissey, Mulderig & Friend, PLLC

How is Mesothelioma Diagnosed?: A Step-By-Step Guide

Workers whose jobs involved exposure to asbestos – including boilermakers, boiler workers, carpenters, factory workers, laborers, pipe coverers, and pipefitters – may be in danger of developing mesothelioma, asbestos lung...more

Weber Gallagher Simpson Stapleton Fires &...

New York Workers’ Compensation Ruling Roundup – September 2024

Matter v. Google 3rd Dept. 9/26/24 CV-23-0719 - In this case, the Claimant was a Google executive who got lost looking for a bus after a work happy hour event in Manhattan when two motorized bicycles hit him crossing a...more

Marshall Dennehey

Appellate Division Finds That Compulsion in an Activity Could Render It a Non-social or Recreational Activity

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Terhune v. Port Auth. of N.Y. & N.J., No. A-3206-22 (May 8, 2024) - The petitioner had worked for the respondent since 2007. On December 14, 2013, he reported for mandatory snow duty and as  a result, he had to stay at the...more

Weber Gallagher Simpson Stapleton Fires &...

New York Workers' Compensation Ruling Roundup - March 2024

On March 21, the 3rd Department delivered four new rulings. Learn more below. Kaminski v. Integrated Structures, CV-22-2295 (3rd Dept. 3/21/24) - The Appellate Division affirmed the Board’s decision to deny a carrier’s 2nd...more

Hinshaw & Culbertson LLP

[Webinar] Executive Director Legal Pitfalls – The Defense Attorney Perspective - January 26th, 1:30 pm - 2:30 pm PT

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As an assisted living Executive Director (ED), you are charged with minimizing risk and preventing legal liability. But in practical terms, do you understand the legal framework that affects your day-to-day decisions? Join...more

Faegre Drinker Biddle & Reath LLP

Defense “Victory” Against Employee’s Spouse in COVID-19 Exposure Case

On May 7, a California District Court Judge granted Victory Woodworks, Inc.’s (“Victory”) motion to dismiss all COVID-19 liability claims in plaintiffs Robert and Corby Kuciemba’s amended complaint. Kuciemba et al. v. Victory...more

Tucker Arensberg, P.C.

A Missed Opportunity for Immunity

Tucker Arensberg, P.C. on

The new pandemic aid legislation was eight months in the making, includes 5,600 pages, and $2.3 trillion in aid and spending. With national unemployment at a record high, and moratoriums on evictions, and utility shutoff...more

Bricker Graydon LLP

Potential liability and defenses related to COVID-19 for public educational institutions

Bricker Graydon LLP on

With the 2020-2021 school year about to begin, some consideration needs to be given by public educa­tional institutions to potential liability. Summarized in this article are some of the potential claims that may be asserted...more

Ward and Smith, P.A.

Liability Waivers and Questionnaires in the Time of COVID-19

Ward and Smith, P.A. on

As businesses begin to re-open and re-engage their workforce, and in light of the ongoing COVID-19 pandemic, it is worth exploring requiring your employees (and in certain circumstances, customers) to execute a liability...more

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