In Simmons v. Cornerstone Invs., LLC, 282 So.3d 199 (La. 2019), the Louisiana Supreme Court evaluated whether the lower courts had erred in prohibiting a plaintiff from introducing the full amount of medical expenses billed as well as limited evidence of the amount actually paid by the employer through workers’ compensation.
Read moreOn April 22, 2020, a coalition of Illinois businesses, including the Illinois Manufacturers’ Association and the Illinois Retail Merchants Association, filed suit in Sangamon County alleging that the Illinois Workers' Compensation Commission (IWCC) exceeded its rule-making authority when it passed an Emergency Amendment stating that workers in essential categories who become ill with COVID-19 are presumed to have contracted the virus in the workplace, thus making them eligible for workers’ compensation benefits.
Read moreThe after-acquired evidence doctrine is an affirmative defense in employment litigation that employers can assert and prove at trial. In a recent decision, the Ninth Circuit tweaked this rule as it pertains to disability discrimination claims under the Americans with Disabilities Act (ADA), permitting a complete bar to liability in certain circumstances.
Read moreA recent decision by New Jersey’s Appellate Division has expanded the duties of a commercial landowner to remediate a weather-related, dangerous condition. In doing so, the opinion, written by the Presiding Judge, dismantled what it deemed to be misplaced reliance on nearly 100 years of jurisprudence.
Read moreIn a further attempt to stem the spread of COVID-19, Pennsylvania now requires those businesses that are considered life-sustaining and therefore permitted to continue operating - other than healthcare providers - to follow additional social distancing, mitigation, and cleaning protocols.
Read moreOn April 21, 2020, the Environmental Protection Agency and U.S. Army Corps of Engineers finalized the Navigable Waters Protection Rule, which defines “Waters of the United States," effective June 22, 2020.
Read moreIn “ordinary” times, employers should tread carefully when taking employees’ temperatures. While a seemingly simple step to ensure workplace safety during the COVID-19 epidemic, there are numerous potential legal implications associated not only with the act of measuring body temperature, but also with regard to how this information is documented, stored, used, disseminated, and ultimately, destroyed.
Read moreNow that the Coronavirus Aid, Relief, and Economic Security (CARES) Act and other related provisions have been signed into law, there are significant questions from many healthcare providers on what funding they are eligible for and how to get that money flowing.
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