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HTMLEmployer Liability for Privacy Breach?
Seth L. Laver, Seth L. Laver, Michael P. Luongo, Michael P. Luongo; Goldberg Segalla LLP;
Legal Alert/Article
March 24, 2015, previously published on January 26, 2015
Professionals are often entrusted with confidential information. Ethical rules as well as federal and state laws limit when such information may be accessed by professionals and under what circumstances it may be disseminated. Sure, professionals may be held accountable for errors that result in...

 

HTMLMeth Is Not “All Natural”: Failure To Conform Exclusion Bars Coverage for False Advertising Lawsuits
Michael P. Kandler, Michael F. Lettiero; Goldberg Segalla LLP;
Legal Alert/Article
March 24, 2015, previously published on February 10, 2015
In General Star Indemnity Co. v. Driven Sports, Inc., 2015 U.S. Dist. LEXIS 7966 (E.D.N.Y. Jan. 23, 2015), General Star Indemnity Co. (“Gen Star”) issued a commercial lines policy to Driven Sports, Inc. (“Driven”), a producer and seller of an energy supplement called Craze....

 

HTMLJudicial Call for More Guidance on Punitive Damages Awards
H. Lockwood Miller, Lisa M. Robinson; Goldberg Segalla LLP;
Legal Alert/Article
March 24, 2015, previously published on December 8, 2014
Earlier this year, in a bellwether trial in the Actos multidistrict litigation, a Louisiana federal court jury awarded $9 billion in punitive damages to plaintiffs who claimed that the use of the diabetes drug Actos caused bladder cancer. Not surprisingly, post-trial challenges followed. In...

 

HTMLKey NYCAL Asbestos Rulings Following $190 Million Verdict. What Does It Mean?
Paul S. Haberman, Andrew J. Scholz; Goldberg Segalla LLP;
Legal Alert/Article
March 24, 2015, previously published on February 17, 2015
On February 5, 2015, New York County Supreme Court Justice Joan A. Madden issued a post-trial decision involving an asbestos consolidated trial that resulted in a $190 million plaintiffs’ verdict for five mesothelioma plaintiffs.

 

HTMLCredibility of Injured Employee Key Consideration in Vacating Citation
Michael Rubin; Goldberg Segalla LLP;
Legal Alert/Article
March 17, 2015, previously published on January 16, 2015
A recent decision from the Occupational Safety and Health Review Commission shows the importance credibility of witnesses can play in any contested action. In this recent matter, the Administrative Law Judge (the court) vacated a citation against a telecommunications and electrical utilities...

 

HTMLAvoiding OSHA Citations: The Best Defense Is (Also) a Good Offense
Stefan A. Borovina; Goldberg Segalla LLP;
Legal Alert/Article
March 17, 2015, previously published on January 5, 2015
In the unfortunate circumstance when an employer receives an OSHA citation, it is comforting to know that numerous procedural and substantive legal defenses exist to limit liability. Of the substantive defenses, one of the most effective is known as the “unpreventable employee...

 

HTMLHunting Season Puts Manufacturers and Retailers in the Crosshairs
Christopher P. Midura; Goldberg Segalla LLP;
Legal Alert/Article
March 17, 2015, previously published on February 3, 2015
As hunting season draws to a close across New Jersey, New York, and Pennsylvania, manufacturers and retailers of hunting products, including treestands, face the risk of claims and lawsuits arising out of the use, or misuse, of their products. With regard to treestands, which are primarily utilized...

 

HTMLFocusing on Safety (and Potential Recognition) with OSHA’s On-Site Consultation Program
Michael Rubin; Goldberg Segalla LLP;
Legal Alert/Article
March 17, 2015, previously published on January 19, 2015
If you are a small or medium-sized business and want to know how you are doing in terms of safety, one option is to simply ask OSHA by participating in its voluntary On-site Consultation Program. If you elect to participate in this program, a consultant will work with you to identify workplace...

 

HTMLOSHA Form 300A Posting Period to Commence Feb. 1
Michael Rubin; Goldberg Segalla LLP;
Legal Alert/Article
March 17, 2015, previously published on January 23, 2015
Employers with more than ten employees and whose establishments are not classified as a partially exempt industry must record work-related injuries and illnesses using OSHA Forms 300, 300A and 301.

 

HTMLOSHA Standards Protect Workers from Exposure to Ebola
David E. Leach; Goldberg Segalla LLP;
Legal Alert/Article
March 17, 2015, previously published on December 15, 2014
Can an employer receive an OSHA citation for failing to protect its employees from exposure to the Ebola virus? Surprisingly, the answer is yes. While most workers in the United States are unlikely to encounter the Ebola virus, workers whose jobs involve healthcare, airline and other transportation...

 


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