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Construction Law Alert

Ruling Raises Questions About OSHA Worksite "Controlling Employer" Policy

An interesting legal development in Texas might prove significant for construction companies and other employers within the jurisdiction of the U.S. Court of Appeals for the Fifth Circuit – and any other jurisdiction that follows its view. The ruling should also encourage employers in other jurisdictions to challenge their circuit court’s rulings on “multiemployer/controlling employer”   Continue Reading »

Illinois Supreme Court Restricts Construction Negligence and Premises Liability Theories of Recovery in Illinois

Defense attorneys and their clients received a boost in personal injury cases involving construction accidents thanks to a recent Illinois Supreme Court ruling.  On October 20, 2016, the Supreme Court of the State of Illinois released its opinion in the case of Patrick Joseph Carney v. Union Pacific Railroad Company, 2016 IL 118984.  Plaintiff Carney   Continue Reading »

OSHA Issues New Rules for Electronic Reporting

On May 12, 2016, the Occupational Safety and Health Administration (OSHA) published its final rule on electronic reporting of workplace injuries and illnesses, which directly impacts employer recordkeeping. The revised regulations impose a new obligation that requires many employers to annually submit certain electronic injury and illness data directly to OSHA. This information will then   Continue Reading »

Tendering Claims: Court Ruling Underscores Why Sooner Is Better

Tendering claims as soon as possible is always a good practice.  Here is a case in point. In February of 2016, the Illinois Appellate Court held that untimely notice by a company holding a certificate of insurance as an additional insured under a defendant’s policy barred coverage under the policy and precluded the company from   Continue Reading »

Johnson and Bell

Johnson and Bell