Podcast - How Do You Define Success?
Texas House Passes Pandemic Liability Protection Act
More Emerging Litigation Claims and Demands from COVID-19
Estate of Mike Alexander, Deceased, et al. v. Northeast Sweepers, et al., No. A-1486-23 (June 19, 2025) - On July 11, 2014, Michael Alexander was struck and killed by a sweeper truck while working in an active construction...more
A new Virginia law, effective July 1, 2025, adds Section 8.01-42.6 to the Virginia Code to address employers’ vicarious liability for their employees’ tortious conduct in personal injury and wrongful death lawsuits brought by...more
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
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
On January 23, 2025, the New Brunswick Court of Appeal released its decision in King v R. This tragic case highlights critical lessons for employers, emphasizing the importance of leadership accountability, adherence to...more
Seyfarth Synopsis: The Bureau of Labor statistics addresses the rise in worker deaths in 2022, and expected data for 2023....more
Last month, the owner of a Colorado construction company pled guilty to criminal manslaughter charges following the death of an employee as the result of a trench collapse. According to the federal Occupational Safety and...more
Michael Henderson, a young worker employed by Springhill Construction Ltd. died while working at a wastewater treatment and pumping plant in Fredericton, New Brunswick, in 2018. The City of Fredericton contracted with...more
New York recently enacted legislation known as Carlos’ Law, which increases penalties for corporate liability for the death of, or serious injury to, an employee. The bill, S.621B / A.4947B, was named after Carlos Moncayo, a...more
Workers’ Compensation law is a double-edged sword. While employers cannot avoid Comp liability based on the employee’s negligent behavior, the injured employee cannot sue the employer outside of the Comp system for damages...more
On December 12, 2022, the New York State Legislature passed a workplace safety bill known as “Carlos’ Law.” This bill, originally introduced in 2017 and named for an individual who died on a construction worksite in 2015,...more
In See’s Candies v. Ek, a California Appellate Court ruled that the plaintiff’s claims against her employer for negligence were not preempted by the exclusivity provisions of the California Workers’ Compensation Act; thus,...more
Welcome to “PEO Pointers,” a regular series of quick-read alerts to keep PEOs and their client companies up to speed on the latest issues affecting the industry and what they can do to ensure compliance. The California...more
Over the last several weeks, I have been releasing a series of articles on North Carolina Workers’ Compensation Death Claims. This series addresses the following five over-arching issues...more
A California appellate court has ruled that a wrongful death action filed by an employee and her children arising from the death of the employee's spouse from COVID-19 after she allegedly contracted the virus at work and...more
A common question posed during the pandemic has been whether employers can face liability for COVID-19 infections originating in the workplace. As to employees who contract COVID-19, the answer has been that an employee’s...more
Anton Chekhov famously observed that any gun introduced to a story must be fired. And indeed Hollywood producers and directors have followed that rule without fail for about 100 years, recently with tragic consequences on the...more
Over the next several weeks I will be releasing a series of articles on North Carolina Workers’ Compensation Death Claims. The articles will address the following five over-arching issues...more
One silver lining for employers during the pandemic has been the reality that they shouldn’t fear any potential tort liability for COVID-19 cases stemming from the workplace – or should they? Most employers (and attorneys and...more
A new wave of lawsuits is attempting to impose legal liability on companies whose alleged negligence resulted in an employee becoming infected with the COVID-19 virus and then passing the illness to a household member who...more
Welcome to the first 2021 edition of Unprecedented. Although a new year brings new hopes for vaccinations and a swift end to the COVID-19 pandemic, a sober assessment of the state of affairs suggests we are months out, at...more
How quickly things change. This, perhaps more than anything else, encapsulates the world of COVID-19 and the related litigation. Between Issue 31 and Issue 32 of Unprecedented, the United States has seen its reported COVID-19...more
Florida employers may be at risk of civil litigation if employees successfully circumvent the workers’ compensation scheme for COVID-19 related injury or death during the course and scope of their employment. In fact,...more
The much-anticipated surge of COVID-19 pandemic-related litigation has begun. As the pandemic continues to lay siege to the United States economy, claimants’ lawyers and government agencies have begun setting their sights on...more
This 27th edition of Unprecedented, our weekly update on COVID-19-related litigation, sees us start with a discussion of a trend toward class actions, with later discussions on two key areas -- insurance coverage disputes and...more