Mental health warning signs at work: Can employers still rely on workers’ comp exclusivity?
11/10/25
Following the recent decision in Rivas v. Benny’s Prime Chophouse, where the Illinois Appellate Court allowed a civil claim to proceed despite arguments that the Illinois Workers’ Compensation Act (“Act”) barred recovery, the court’s ruling …
When a free meal becomes a legal minefield: Lessons from Rivas v. Benny’s Prime Chophouse
11/10/25
A recent decision from the Illinois Appellate Court offers a cautionary tale for employers—particularly those in hospitality and food service—about the risks of informal workplace practices and the importance of consistency in litigation strategy. In Rivas …
Kentucky Court of Appeals soft launches a hard change to proximate cause
11/6/25
In Jena Lhotsky v. Guy Sutcliffe, No. 2024-CA-1521-MR (Ky. Ct. App. Oct. 17, 2025), a recently published opinion, the Kentucky Court of Appeals proposed a substantial change to how courts across the Commonwealth analyze proximate …
NY First Department expands scope of labor law § 240(1) to include delivery drivers
9/9/25
By: David M. Hawkins
In a recent decision, the Appellate Division, First Department, expanded the protections afforded to persons engaged “in the erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure” under Labor Law § 240(1) …
8/26/25
When called upon to answer for the actions of their employees, may employers be subject to both direct and indirect liability arising out of the same intentional conduct of an employee? In the State of New …
Love v. McKnight: Distracted driving isn’t bad faith under O.C.G.A. § 13-6-11.
8/6/25
A recent Georgia Supreme Court decision confirms that mere violations of traffic laws do not rise to the level of “bad faith” so as to entitle plaintiffs to attorney’s fees and expenses of litigation under O.C.G.A …
Are you responsible for a person’s injury that occurs on your property?
8/4/25
The Colorado Court of Appeals in Black v. Gautier confirmed the duties a landowner owes to persons on the landowner’s property. In Colorado, as in most states, the duty a landowner owes a person who is …
Florida Appeals Court reinforces key limits on claims handling evidence in insurance disputes
7/29/25
Florida’s Fourth District Court of Appeals issued an important ruling in Universal Property & Casualty Insurance Co. v. West Naze. The ruling upheld the difference between a claim for breach of the insurance contract (the policy) …
Beware of dog bite liability: Kentucky property owners can be bitten in more than one way
7/22/25
In a unanimous opinion issued earlier this year, the Supreme Court of Kentucky clarified that strict liability under Kentucky statutory law is not the only avenue to hold property owners responsible for injuries from dog bites. …
Important changes for HOAs – HOA fines are now capped and other new requirements
7/14/25
By: Mandy D. Hexom and Matthew S. Jones
AB 130 was signed into law, effective June 30, 2025. This bill, which went into immediate effect, aims to speed up housing development by easing CEQA requirements and it also significantly alters …
PFAS detections on Nantucket “extremely concerning”
7/9/25
By: Noël Couch and Kevin G. Kenneally
An investigation by the Massachusetts Department of Environmental Protection revealed that water testing around Nantucket showed “extremely concerning” detections of per- and poly-fluoroalkyl substances (PFAS) at private wells. PFAS, also known as “forever …
Potential impact of Pennsylvania’s Paul Miller Law on motorist liability
6/5/25
By: Joshua G. Ferguson and William P. Bodycot
Effective June 5, 2025, motorists in the Commonwealth of Pennsylvania will operate under a new law entitled “Paul Miller’s Law.” The new statute, signed into law last year by Governor Josh Shapiro …