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Employer Liability Issues › General Contractors › Appeals

Kohrman Jackson & Krantz LLP

Ohio Ruling Highlights Timing Importance for Naming Defendants in Injury Claims

Kohrman Jackson & Krantz LLP on

An recent Ohio appellate court decision reinforces a critical point for plaintiffs and a crucial defense strategy for defendants: if you don’t properly and timely name individual employees/agents in a lawsuit, you may lose...more

Steptoe & Johnson PLLC

Recent West Virginia Court Decision Clarifies Nonparty Fault and Nonparty Immunity

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In 2015, the West Virginia Legislature passed West Virginia Code Section 55-7-13d, which seeks to prevent defendants from paying in excess of their share of fault by requiring the trier of fact to consider the fault of all...more

Parker Poe Adams & Bernstein LLP

Eleventh Circuit Says General Contractor Was Responsible for Subcontractor's Safety Practices

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Under the Occupational Safety and Health Administration’s multiemployer worksite doctrine, a company can be cited for safety violations that it did not create and for hazards to which its own employees were never exposed. The...more

Bradley Arant Boult Cummings LLP

Limiting Project Engineer's Supervisory Duties - Construction and Procurement Law News, Q3 2019

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Project engineers should be wary of contractual language, as well as conduct, that may impose supervisory responsibilities to warn and protect employees of other contractors from dangerous conditions located on a project. A...more

White and Williams LLP

Recent Third Circuit OSHA Decision Sounds Alarm for Employers and Their Officers

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The Third Circuit Court of Appeals recently issued an opinion that should serve as a warning not only to employers, but to their corporate officers. The case against Altor, Inc., a New Jersey-based construction company, began...more

Bradley Arant Boult Cummings LLP

Fifth Circuit Reverses Course after 37 Years; Holds OSHA Has Authority to Enforce Multi-Employer Citation Policy

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On November 26, 2018, the Fifth Circuit released its opinion in Acosta v. Hensel Phelps Construction Co., which held that despite prior rulings to the contrary, OSHA is authorized to issue citations against contractors for...more

Parker Poe Adams & Bernstein LLP

Fifth Circuit Joins Other Appeals Courts in Recognizing OSHA's Multi-Employer Worksite Authority

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Under the Occupational Safety and Health Act, companies are responsible for preventing their employees from being exposed to safety violations. For years, OSHA has also asserted that a company can be held responsible for...more

Fisher Phillips

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

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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

Foley & Lardner LLP

Another Joint Employer Test Makes Its Debut

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On January 25, 2017, a federal appeals court that covers Maryland, Virginia, West Virginia, and North and South Carolina was the latest to craft a joint employer test, holding that a Maryland general contractor was the joint...more

Carlton Fields

“Contractor?” I Do Not Think That Employers’ Liability Exclusion Means What You Think It Means

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Over the summer, this blog reported on how the Supreme Court of Pennsylvania managed to parse an employer’s liability exclusion to find that it did not exclude claims by employees of additional insureds. As the leaves started...more

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