News & Analysis as of

Occupational Safety and Health Administration Immunity

The Occupational Health and Safety Administration (OSHA) is a United States federal agency established in 1970 by the Occupational Health and Safety Act. OSHA is part of the Department of Labor and is charged... more +
The Occupational Health and Safety Administration (OSHA) is a United States federal agency established in 1970 by the Occupational Health and Safety Act. OSHA is part of the Department of Labor and is charged with assuring healthy, safe, working environments. OSHA sets and enforces safety standards and policies. Examples of OSHA's duties include setting limits on workers' exposure to hazardous substances, ensuring workers have access to safety information and protective equipment, and providing employers and workers proper training to prevent dangerous conditions. less -
Weber Gallagher Simpson Stapleton Fires &...

Employer Immunity from Direct Suit Upheld Once Again

In Cannon v. Bravo Pack, Inc., the Appellate Division of the Superior Court once again confirmed the strength of the employer immunity defense to a third-party claim filed by an injured worker (decided October 31, 2023). The...more

Foley & Lardner LLP

Don’t Relax – COVID-19-Related Changes are NOT Slowing Down

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This author much prefers the well-known (at least in some circles) advice from The Hitchhiker’s Guide to the Galaxy – “DON’T PANIC.” Unfortunately, even with some hopeful signs of normal (or something close to normal)...more

Husch Blackwell LLP

50-State Update On COVID-19 Business Liability Protections

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A number of states have passed or are considering passing legislation to shield certain businesses from liability from claims for injury caused by exposure to COVID-19. Generally, the laws require that the business was in...more

Spilman Thomas & Battle, PLLC

COVID-19 and Unprecedented: Litigation Insights, Issue 34 December 2020

In addition to the familiar lawsuits that we have been seeing since the pandemic started this spring, there have been new developments with the Pennsylvania Legislature, the Supreme Court of the United States, a major sports...more

Spilman Thomas & Battle, PLLC

COVID-19 and Unprecedented: Litigation Insights - Issue 24, September 2020

This 24th edition of Unprecedented, our weekly update on COVID-19-related litigation, sees a flurry of activity around government restrictions on mass gatherings and business operations -- including a significant ruling from...more

Troutman Pepper

Federal Court Ruling Casts Doubt on Nursing Homes’ Ability to Use PREP Act to Remove State-Law Claims

Troutman Pepper on

Why It Matters - This decision casts doubt on the ability of nursing homes to rely on the PREP Act to shield them from liability against state-law claims or, at the very least, to remove such claims to federal court....more

Fox Rothschild LLP

Nevada Laws Link Immunity And Business Licenses To ‘Controlling Health Standards’

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Nevada recently enacted a pair of COVID-19 related laws that reward businesses for adhering to safety standards and carry the threat of serious business interruption for any that don’t. The first law grants legal immunity...more

Jackson Lewis P.C.

Georgia Enacts COVID-19 Legal Immunity For Healthcare Providers, Businesses

Jackson Lewis P.C. on

Georgia Governor Brian Kemp has signed into law Senate Bill 359, which, like legislation enacted by several other states, is designed to protect healthcare facilities, businesses, and other entities from civil liability...more

Constangy, Brooks, Smith & Prophete, LLP

Governor Kemp Signs Georgia COVID-19 Pandemic Business Safety Act

Gov. Brian Kemp signed the Georgia COVID-19 Pandemic Business Safety Act on August 5, 2020, limiting Georgia businesses’ liability for certain claims related to COVID-19. However, the act requires Georgia businesses to take...more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Trends - Issue 17, 2020

This 17th edition of Unprecedented, our weekly update on COVID-19-related litigation, discusses everything from insurance coverage disputes to statewide shutdown orders. Despite an uphill climb towards liability, businesses...more

Fox Rothschild LLP

North Carolina Significantly Expands Limited Immunity Against COVID-19 Transmission Claims

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North Carolina has enacted two new laws providing broad immunity against COVID-19 transmission claims to essentially everyone in the state, unless they were grossly negligent or acted intentionally (Session Law 2020-89): ...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

Fox Rothschild LLP

North Carolina Law Provides Limited Immunity To Certain Businesses Against COVID-19 Contraction Claims- UPDATED May 2020

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[UPDATED MAY 20, 2020]- While it is no silver bullet, North Carolina’s new pandemic aid legislation (Session Law 2020-3) includes helpful liability limitations for certain businesses faced with claims by employees,...more

Fox Rothschild LLP

The Impending Peril Of COVID-19 Personal Injury Claims: A Roadmap For Litigation Risk Mitigation

Fox Rothschild LLP on

In the United States, it is immensely difficult to prevent a lawsuit by an individual who feels aggrieved and wishes to sue, particularly when they can do so with little or no out-of-pocket expense. But it is good business...more

MoFo Employment Law Commentary (ELC)

Practical Considerations For Requiring Employees To Report To Work In Light Of COVID-19 Stay-At-Home Orders

As the number of reported cases of COVID-19 continues to increase dramatically, several states, including California, Connecticut, Illinois, Massachusetts, Maryland, New York, New Jersey, Ohio, and Louisiana, have issued...more

Proskauer - The Capital Commitment

SEC Whistleblower Enforcement Settlement Reminds Private Fund Sponsors to Review Organizational Policies and Procedures for...

A recent SEC settlement of whistleblower charges should serve as a useful reminder for private fund sponsors to conduct a comprehensive review of their policies and procedures. On August 10, 2016, the SEC announced that...more

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