Chicago Illinois McDonald’s Workers Win Partial Preliminary Injunction on Public Nuisance Theory — Workers’ Compensation Law Prof Blog

Two things have emerged with respect to the new public nuisance filings. First, plaintiffs seem to be doing better in state than federal courts, which is an outcome I anticipated. Second, trial level judges do not seem to be analyzing…

Chicago Illinois McDonald’s Workers Win Partial Preliminary Injunction on Public Nuisance Theory — Workers’ Compensation Law Prof Blog

Another McDonald’s Covid-19 Case: Oakland, California Workers Win Preliminary Injunction on Public Nuisance Theory — Workers’ Compensation Law Prof Blog

All the stars aligned for a worker-filed a public nuisance suit–at least chapter one of the suit–the most important of which were probably that the case was brought in a California state court and involved California code law rather than…

Another McDonald’s Covid-19 Case: Oakland, California Workers Win Preliminary Injunction on Public Nuisance Theory — Workers’ Compensation Law Prof Blog

New Center for Progressive Reform Report on Protecting Workers in a Pandemic — Workers’ Compensation Law Prof Blog

I am co-author –with Tom McGarity of University of Texas School of Law and Sid Shapiro of Wake Forest Law — of a new report titled, “Protecting Workers in a Pandemic: What the Federal Government Should Be Doing.” The report…

New Center for Progressive Reform Report on Protecting Workers in a Pandemic — Workers’ Compensation Law Prof Blog

Meatpacking Plant Chaos—No Wonder They Want Immunity — Workers’ Compensation Law Prof Blog

As I read through Michael Grabell, Claire Perlman and Bernice Yeung’s ProPublica article on COVID-19 chaos in the meatpacking plants I kept thinking three things: A broad liability shield is a really bad idea. Yes, I do think I could…

Meatpacking Plant Chaos—No Wonder They Want Immunity — Workers’ Compensation Law Prof Blog

Pandemic Heroes Compensation Act of 2020: My Preliminary Observations on the Proposed Bill — Workers’ Compensation Law Prof Blog

While I suspect that workers’ compensation claims, even without the aid of workers’ compensation causation presumptions, may fare better than some actuaries suspected (preliminary scuttlebutt of about a 40% success rate is higher than I expected), there is no reasonable…

Pandemic Heroes Compensation Act of 2020: My Preliminary Observations on the Proposed Bill — Workers’ Compensation Law Prof Blog

What Exactly is a Liability Shield? — Workers’ Compensation Law Prof Blog

In today’s the Hill a story ran containing in part the following language: More than a thousand COVID-19 lawsuits have been filed in the past six weeks, prompting business groups to refocus almost all their lobbying efforts on securing liability…

What Exactly is a Liability Shield? — Workers’ Compensation Law Prof Blog

Workers’ Compensation and Public Nuisance: Two Caveats — Workers’ Compensation Law Prof Blog

In previous posts I have been arguing that employees could probably not succeed in a public nuisance suits because of the exclusive remedy rule. But that leads to an additional problem: suppose COVID-19 is categorically not covered by workers’ compensation…

Workers’ Compensation and Public Nuisance: Two Caveats — Workers’ Compensation Law Prof Blog

Examining the Recently-Filed New York Amazon Public Nuisance Suit — Workers’ Compensation Law Prof Blog

Another public nuisance lawsuit has made the news. On Wednesday, June 3, Make the Road New York, Public Justice, and the Terrell Marshall Law Group of Seattle, WA filed a lawsuit on behalf of Derrick Palmer, Kendia Mesidor, Benita Rouse,…

Examining the Recently-Filed New York Amazon Public Nuisance Suit — Workers’ Compensation Law Prof Blog

COVID-19, Public Nuisance, Wrongful Death, and Workers’ Compensation Exclusivity — Workers’ Compensation Law Prof Blog

A news reporter asked me today whether a public nuisance suit is barred by workers’ compensation exclusivity. It strikes me as a difficult question. Obviously, one cannot sue one’s employer in negligence for physical injury or death because of the…

COVID-19, Public Nuisance, Wrongful Death, and Workers’ Compensation Exclusivity — Workers’ Compensation Law Prof Blog

Illinois’ New Workers’ Compensation Covid-19 Presumption: I Hate to Burst Your Bubble — Workers’ Compensation Law Prof Blog

The new Illinois workers’ compensation Covid-19 presumption is actually three presumptions. The full text of the statutory language is here. The first two presumptions apply in the case of death and are applicable specifically to “policemen” and “firemen.” Here is…

Illinois’ New Workers’ Compensation Covid-19 Presumption: I Hate to Burst Your Bubble — Workers’ Compensation Law Prof Blog