Appeals, Summary Judgment, Workplace Safety

Understanding the Limits of Employer Liability Under North Carolina’s Woodson Exception

Cranfill Sumner LLP on 7/2/2025

The exclusivity provision of the North Carolina Workers’ Compensation Act (the “Act”) normally prevents an employee from suing his employer in civil court for work injuries. The employee is normally relegated to filing a...more

Appellate Division Affirms Dismissal of Wrongful Death Suit Against Hospital and Co-Employee in Fatal Parking Lot Accident

Marshall Dennehey on 6/25/2025

Jameel, etc. v. Dember, et al., No. A-1225-23 (April 28, 2025) - A wrongful death and survivorship action arising from a fatal accident in a hospital employee parking lot was dismissed after the New Jersey Appellate Division...more

Employers’ Immunity From Suit and the Exclusivity of the Workers’ Compensation Statute Once Again Upheld by the Courts

Weber Gallagher Simpson Stapleton Fires &... on 5/12/2025

In the Superior Court Decision of Faisal Jameel v. Dember HMS Hospitals and Bayshore Community Hospital (decided April 28, 2025), the Superior Court was faced with the issue of whether an employee who died as a result of...more

When is an injured worker’s own conduct a defense to liability under New York’s Scaffold Law?

Carr Maloney P.C. on 4/2/2025

In a recently published opinion, the Appellate Division, Second Department, upheld a Suffolk County Supreme Court decision granting summary judgment in favor of an injured bridge worker who slipped backwards off a scaffold...more

Did the Cat Move the Ladder?

Marshall Dennehey on 3/31/2025

Key Points: New York appellate decision gives defense counsel firm ground on which to defend a standard § 240(1) case. In Simpertegui v. Carlyle House Inc., 209 N.Y.S.3d (1st Dept. May 9, 2024), a “ladder-fall” case, the...more

Washington Court of Appeals Reaffirms General Contractors' Duty To Maintain Safe Jobsite

Davis Wright Tremaine LLP on 3/25/2025

If a general contractor thinks its responsibility for ensuring a safe workplace extends only to its own employees, that belief is mistaken. In a recent case, the Washington Court of Appeals made clear that as long as a...more

Safety Agency Applies Federal Law To Bar Employer Safety Violation Citation - Agency’s Application of 5th Circuit Appeals Court...

Fisher Phillips on 6/16/2017

The federal agency that reviews OSHA safety violation cases, also known as the OSH Review Commission, recently adopted the decision of one of its Administrative Law Judges who applied 5th Circuit precedent to reject a safety...more

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