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Negligence Occupational Safety and Health Administration

Goldberg Segalla

Defendant Denied Summary Judgment on Punitive Damages for Failure to Provide Case-Specific Support

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Jurisdiction: Supreme Court of New York, New York County - Plaintiff Kevin Burns filed an asbestos-related lawsuit against numerous defendants, including Burnham, testifying that while he worked as a plumber he was exposed...more

Foley & Lardner LLP

The COVID-19 ETS Is Gone, But Employers Must Still Take and Implement Workplace Protections – or Fail at Their Peril

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As the entire country should know by now, on January 13, 2022, the United States Supreme Court issued an Opinion reinstating the stay of enforcement by OSHA of its Emergency Temporary Standard for COVID-19 (ETS). You can...more

White and Williams LLP

Are Industry Standards Beside the Point Where Strict Liability is Claimed?

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It has been almost seven years since Tincher v. Omega Flex Inc. was decided by the Pennsylvania Supreme Court. The Tincher court left much unanswered but called on Pennsylvania’s lower courts, the legal academy and the bar to...more

Genova Burns LLC

A Forklift Operator Walks into a Bar

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On August 7, 2020, the New Jersey Appellate Division upheld the trial court’s dismissal of a negligence action filed by a leased warehouse worker against his employer for injuries sustained while on duty. In Hocutt v. Minda...more

Jones Day

COVID-19 Raises Various Employment Practices Liability Insurance Considerations

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The Situation: Employers face an increased risk of COVID-19-related employment practices liability ("EPL") claims as more employees return to the workplace while the virus continues to spread in many states and cities. The...more

Rumberger | Kirk

A Look at Covid-19 Litigation and Key Considerations to Mitigate Potential Litigation

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Since March 2020, approximately 4,219 Covid-19 related cases have been filed across the United States, including: 1,004 Insurance Related Cases... 716 Prisoner/Habeas Corpus Cases... 538 Civil Rights Cases... 415 Labor and...more

Moritt Hock & Hamroff LLP

The Unhappy Meal – A Case Study In The Importance Of Developing & Executing An Effective Return-To-Work Policy

In today’s environment, business as usual is anything but usual. Companies are struggling to normalize operations and bring their employees back to work in a safe, healthy environment that is also safe for the public. The...more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Trends - Issue 16, 2020

This 16th edition of Unprecedented, our weekly update on COVID-19-related litigation, discusses claims ranging from insurance coverage disputes to prisoners’ rights. The top story this week, however, is undoubtedly a Michigan...more

Parker Poe Adams & Bernstein LLP

N.C. Lawmakers Pass Bill to Give Businesses Limited Immunity From COVID-19 Lawsuits

Last week, the North Carolina General Assembly approved legislation intended to provide individuals and businesses across the state with protection from lawsuits alleging acts or omissions leading to COVID-19 infections. If...more

Ward and Smith, P.A.

Liability Waivers and Questionnaires in the Time of COVID-19

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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

Hinshaw & Culbertson - Insights for Insurers

Early COVID-19 Liability Suits Raise Employment Practices Liability Insurance Issues

The COVID-19 pandemic has forced employers across the country to rapidly make numerous and significant decisions about how to manage their business in this unprecedented time. Employers have had to quickly develop and...more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Trends - Issue 6

This sixth edition of Unprecedented, our weekly update on COVID-19 litigation, sees us reporting on many of the same types of cases. Consumers continue to seek refunds for goods and services that have been disrupted by the...more

White and Williams LLP

It Has Started: Supply-Chain, Warehouse and Retail Workers of Essential Businesses Are Filing Suit

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Supply-chain businesses that are appropriately characterized as “essential” have remained open for the delivery of critical supplies while everyone else has been told to close up shop and stay home. Now essential-business...more

Seyfarth Shaw LLP

OSHA Standard Interpretation Repeats Vague Warnings on Employee Use of Headphones in the Workplace

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Seyfarth Synopsis: The U.S. Occupational Safety and Health Administration (OSHA) has issued a standard interpretation cautioning employers on the use of headphones to listen to music on a construction site....more

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

Asbestos/Duty of Care: Connecticut Court Addresses Construction Project/Liability Issues

The Superior Court of Connecticut (Judicial District of Hartford) (“Court”) addressed in a September 30th opinion certain issues arising in an asbestos exposure case. See Julian Poce, et al., v. O&G Industries, Inc., et al.,...more

Seyfarth Shaw LLP

OSHA Updates on Distracted Driving in Employment and in the Workplace

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Seyfarth Synopsis: OSHA reminds employers of the hazards of distracted driving. OSHA has recently released a “Guidelines for Employers to Reduce Motor Vehicle Crashes.”  ...more

Seyfarth Shaw LLP

Can You Dig It? OSHA Releases Onerous New National Emphasis Program On Trenching and Excavation

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Seyfarth Synopsis: OSHA has recently released its National Emphasis Program on Trenching and Excavation, CPL 02-00-161 (October 1, 2018), which requires OSHA to open inspections against any contractor involved in trenching or...more

Littler

OSHA Announces Renewed Focus on Trenching and Excavation Work

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The U.S. Occupational Safety and Health Administration (OSHA) recently announced an update to its National Emphasis Program (NEP) on preventing trenching and excavation collapses....more

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

Hazardous Substances/Bodily Injury Claim: New York Court Addresses Potential Liability of Engineering Inspection Subcontractor

The Supreme Court (Appellate Division) New York addressed in a March 7th decision whether a lower court properly granted summary judgment to a subcontractor performing engineering inspection services on a highway construction...more

Baker Donelson

OSHA on the OCS? Fifth Circuit Affirms Preemption of OSHA Regulations on OCS MODU

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The 5th Circuit, in Thomas v. Hercules Offshore Services, L.L.C., concluded per curiam that the Occupational Safety and Health Administration (“OSHA”) safe workplace regulations had been preempted by the United States Coast...more

Fisher Phillips

Should Employers Allow Concealed Weapon Permit Holders To Carry Guns At Work?

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As mass shootings have continued with regular frequency in the United States, our country remains deeply divided, not only with the cause of these tragic events, but also on how to stop them from occurring. Many have called...more

Fisher Phillips

Legal Perspective on the Health, Safety & Security Responsibilities for US Mobile Workforce

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Fisher & Phillips LLP attorneys are not only well equipped to assist employers in developing or updating safety and health management programs for employees working domestically, but can also assist employers who are sending...more

Tarter Krinsky & Drogin LLP

Construction Safety: Lessons From 2016 and Remedies in 2017

While each year there are reports and statistics regarding the annual number of construction accidents and fatalities in New York City, 2016 will likely be remembered as the year when a construction accident could, and did,...more

Lewitt Hackman

No Excuses: Preventing Construction Site Accidents and Remembering the Dead

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With Spring comes not only warmer weather, a change in time, and the start of baseball, but a return of construction projects as builders begin another season of home and commercial building. ...more

BakerHostetler

Assault of Home Health Worker by a Patient’s Father Prompts OSHA Violation

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A provider of pediatric home health, Epic Health Services, was recently fined $98,000 by the Occupational Safety and Health Administration (OSHA) in connection with the sexual assault of a home health employee by a patient’s...more

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