The allegations of a plaintiff’s complaint do not control when evaluating removal under the federal officer removal statute, 28 U.S.C. § 1442(a)(1), and instead the court must credit the defendant’s theory of the case when...more
3/28/2025
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Department of Defense (DOD) ,
Environmental Litigation ,
Federal Contractors ,
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For participants in New York’s construction industry, the distinction between possession of supervisory authority, on the one hand, and the exercise of that authority, on the other, may have significant implications for their...more
12/20/2024
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Breach of Duty ,
Construction Industry ,
Construction Site ,
Contract Terms ,
General Contractors ,
Labor Law Violations ,
New York ,
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State Labor Laws
The California Supreme Court has answered in the negative the Ninth Circuit Court of Appeals’ certified question regarding “take-home” COVID-19 exposure (see Federal Appeals Court Asks California If Covid-19 “Take Home” Suits...more
In Corby Kuciemba, et al. v. Victory Woodworks, Inc., the Ninth Circuit Court of Appeals has asked the California Supreme Court to evaluate if employers have an enforceable legal duty to non-employees for non-employees’...more
When defending litigation in one state, mass tort defendants must consider other jurisdictions’ rules. For example, while some states generally prohibit a plaintiff from using a defendant’s discovery deposition as part of...more
A California appeals court permitted a Los Angeles County wrongful death lawsuit for COVID-19 “take-home” liability to proceed. The plaintiff claims that plaintiff’s employer’s negligence resulted in plaintiff’s transmitting...more
Last year, Harris Beach wrote about a federal magistrate judge’s report and recommendation to deny Defendants’ motions for summary judgment in a toxic tort suit arising from occupational exposure to ortho-toluidine...more