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HTMLStay Granted on Closely Watched Law Banning "Toxic" Children's Products
Aaron J. Aisen, Cheryl A. Possenti, Paul C. Steck; Goldberg Segalla LLP;
Legal Alert/Article
May 29, 2015, previously published on May 20, 2015
Manufacturers of children’s products and children’s apparel are able to breathe a little more easily, at least for now, after a federal judge granted a stay on a law banning the sale of products containing any amount of a select list of chemicals in Albany County, New York. Set to...

 

HTMLIs a Threat to Reduce Pay Enough to Establish Actionable Employment Retaliation?
Caroline J. Berdzik, Dove A. E. Burns; Goldberg Segalla LLP;
Legal Alert/Article
May 29, 2015, previously published on May 28, 2015
The question of whether a threat to reduce pay constitutes an adverse employment action is before the Fifth Circuit. Last week, a trucking school asked the Fifth Circuit to uphold a trial court decision dismissing the case on summary judgment, in part due to the fact that while the plaintiff...

 

HTMLHostile Work Environment and Retaliation Claims Harder to Defend After Fourth Circuit Ruling
Martha P. Brown, Dove A. E. Burns, Michael F. Lettiero; Goldberg Segalla LLP;
Legal Alert/Article
May 26, 2015, previously published on May 14, 2015
Last week’s decision by the Fourth Circuit in Boyer-Liberto v. Fontainebleau Corp., No. 13-1473 (4th Cir., May 7, 2015) now means that in the Fourth Circuit, a single instance of harassment may create an actionable hostile work environment claim, and that an employee can be protected from...

 

HTMLQuestion of Fact Found Regarding if Asbestos Insulation Supplied by Company Was for Improvement of Real Property as Required Under Wisconsin Statute of Repose
Jason A. Botticelli, Joseph J. Welter; Goldberg Segalla LLP;
Legal Alert/Article
May 15, 2015, previously published on April 28, 2015
In this case, the plaintiff, Robin Sorenson, filed strict product liability and negligence claims on behalf of herself and the estate of the decedent who worked as an insulator from 1955 to 1997 and died of lung cancer in 2009. One of the defendants, Building Services Industrial Sales, Inc. (BSIS),...

 

HTMLSupreme Court Upholds Take-Nothing Judgment for Property Owner Based on Texas Statute Relating to Outside Contractors
Jason A. Botticelli, Joseph J. Welter; Goldberg Segalla LLP;
Legal Alert/Article
May 15, 2015, previously published on May 8, 2015
In this case, it is claimed the plaintiffs’ decedent, Robert Henderson, worked as an insulator for insulation contractor Win-Way Industries and claimed asbestos exposure from both his work and the work of Dow Chemical Company employees installing asbestos insulation at the Dow Freeport Texas...

 

HTMLNYCAL Court Consolidates Nine Cases Into Three Groups Based on Malcolm Factors and Common Questions of Law and Fact
Jason A. Botticelli, Joseph J. Welter; Goldberg Segalla LLP;
Legal Alert/Article
May 15, 2015, previously published on April 29, 2015
In this NYCAL case, the plaintiff brought a motion to consolidate nine asbestos actions for joint trial, claiming that there are common questions of law and fact. The court relied on the factors set forth in Malcolm v. National Gypsum Co., 995 F.2d 346, 350-351 (2d Cir. 1993): common worksite;...

 

HTMLPump Manufacturer’s Reliance on Affidavit of Technical Consultant Fails to Create a Prima Facie Entitlement to Summary Judgment
Jason A. Botticelli, Joseph J. Welter; Goldberg Segalla LLP;
Legal Alert/Article
May 15, 2015, previously published on May 1, 2015
In this NYCAL case, the plaintiff, Alan Watts, claimed his development of mesothelioma was a result of his service in the Navy as a shipfitter working on a wide range of equipment on various ships between 1944 and 1966. The defendant, pump manufacturer Superior Ledgerwood Mundy Corp. (SLM), as...

 

HTMLDOJ and CPSC File Rare Civil Penalty Lawsuit Against Retailer Alleging Misrepresentation of Status and Late Reporting 
Aaron J. Aisen, Cheryl A. Possenti, Paul C. Steck; Goldberg Segalla LLP;
Legal Alert/Article
May 14, 2015, previously published on May 5, 2015
In a rare move, the U.S. Department of Justice (DOJ) and Consumer Product Safety Commission (CPSC) have filed a lawsuit seeking civil penalties against Michaels Stores Inc., and its subsidiary, Michaels Stores Procurement Co. Inc., one of the largest arts and crafts retailers in the United States....

 

HTMLNew York City Employers Beware: Job Applicants Could Be Discrimination "Testers
Caroline J. Berdzik, Michael S. Katzen; Goldberg Segalla LLP;
Legal Alert/Article
May 14, 2015, previously published on May 4, 2015
New York City Mayor Bill De Blasio recently signed legislation establishing a year-long employment discrimination testing program in New York City to begin on or before October 1, 2015. The new law requires the NYC Commission on Human Rights to utilize a process called “matched-pair...

 

HTMLNew Gender Identity and Sexual Orientation Workplace Rights Now in Effect
Caroline J. Berdzik, David E. Leach; Goldberg Segalla LLP;
Legal Alert/Article
May 7, 2015, previously published on April 20, 2015
With President Obama’s Executive Order 13672 now in full effect, federal contractors and subcontractors are prohibited from discriminating on the basis of sexual orientation and gender identity. The order highlights the importance for all employers — especially those companies that...

 


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