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COVID-19: The New Toxic Tort?
Take-home exposure – a concept long associated with asbestos claims – is now being asserted by workers and their family members to support their claims against employers and property owners. Take-home exposure, also known as secondary or domestic exposure, ...
Posted By Poole Shaffery & Koegle, LLP
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Negligence Per Se and Trucking Liability
The failure to comply with ordinances, statutes and regulations could find a driver liable for the harm to person or property even if the truck driver was safe to the best of his ability, and otherwise did not proximately cause the accident, and even if ...
Posted By Poole Shaffery & Koegle, LLP
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GOOD NEWS FOR THE TRUCKING INDUSTRY FROM THE NINTH CIRCUT
On January 15, 2021, in International Brotherhood of Teamsters v. FMCSA, the 9th Circuit Court of Appeals upheld a prior decision by the Federal Motor Carrier Safety Administration (“FMCSA”) that federal law, specifically the FMCSA’s rest break ...
Posted By Poole Shaffery & Koegle, LLP
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FEATURED VERDICT: AUTO V AUTO
Martinez-Pineda, et al. v. United States of America, et al. (United States Central District No. 5:17-cv-02256-WDK-SP): On December 23, 2020 Judge William D. Keller entered a bench verdict in favor of plaintiff Miguel Martinez-Pineda for $22 million and ...
Posted By Poole Shaffery & Koegle, LLP
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FEATURED VERDICT: AUTO V AUTO
Martinez-Pineda, et al. v. United States of America, et al. (United States Central District No. 5:17-cv-02256-WDK-SP): On December 23, 2020 Judge William D. Keller entered a bench verdict in favor of plaintiff Miguel Martinez-Pineda for $22 million and ...
Posted By Poole Shaffery & Koegle, LLP
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CHECKING THE TEMPERATURE ON COVID-19 LAWSUITS
A major concern of this unprecedented pandemic relates to an employer’s potential liability for workers contracting COVID-19 on the job. Indeed, it has been a major discussion and negotiation point in Congress in past, and potentially future, stimulus ...
Posted By Jason A. Benkner