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Grinberg: Take-Home COVID in Play Again Before Supreme Court

07/07/2022
;Jill suffers due to the infection and wants to sue Jack’s employer for negligently exposing Jack to COVID-19 enabling him to expose Jill. If that sounds familiar that is the exact same path of liability as the California Supreme Court created for asbestos exposure. The question

Category: Industry Insights

Barrios: Bringing COVID -19 Home to Your Spouse

06/09/2022
infinite liability but no court has addressed whether an exception should be made for employers that infect their employees’ household members with COVID-19 through negligence. The Kuciembas also relied on Kesner v. Superior Ct. 2016 where the California Supreme Court declined to

Category: Industry Insights

Grinberg: Employers Have No Duty to Employees' Household Member on COVID -19

07/14/2023
The California Supreme Court issued its opinion in Kuciemba v. Victory Woodworks essentially ruling that no duty of care exists on the part of employers to household members of employees when it comes to COVID-19. 

Category: Industry Insights

High Court Agrees to Hear Case Involving Derivative Injury Rule and COVID

06/24/2022
The California Supreme Court granted a federal appeals court request to decide whether the derivative injury doctrine prohibits a civil claim against an employer when a person who caught COVID-19 at work brings the virus home. The 9th Circuit Court of Appeals in April asked the high court to

Category: News

Report: High Court Appears Reluctant to Hold Employers Liable for COVID Cases

05/12/2023
California Supreme Court Justices reportedly expressed concerns about facilitating an avalanche of litigation in oral arguments in a case revolving around whether the derivative injury doctrine prohibits a civil claim against an employer when a person brings COVID-19 home from the workplace

Category: News

Young: Two From the Supremes

07/28/2023
dismissed but on appeal the U.S. Court of Appeals for the 9th Circuit asked the California Supreme Court to answer two questions 1 If an employee contracts COVID at the workplace and brings the virus home to a spouse does California workers’ comp law bar the spouse’s negligence claim

Category: Industry Insights

Young: Top Developments of California Workers' Comp 1st Half 2022

08/01/2022
law workers’ comp is the exclusive remedy where a family member claims a derivative injury from allegedly contracting COVID through a family member’s workplace exposure. Also they asked the California Supreme Court to clarify whether under California law the employer owes a duty to the

Category: Industry Insights

Gelman: High Court to Hear Arguments in Derivative Immunity Claim

04/26/2023
California Supreme Court must decide whether the derivative injury doctrine applies to COVID-19 cases. If the court finds that the doctrine does apply then the plaintiffs in Kuciemba will likely be barred from recovering damages from the employer. However if the court finds that the doctrine does not

Category: Industry Insights

9th COA Asks State High Court to Resolve Derivative Injury Application to COVID

04/22/2022
A federal court on Thursday asked Californias Supreme Court to assess whether the derivative injury doctrine prohibits a civil claim against an employer when a worker contracts COVID-19 in the workplace and brings the virus home. The federal 9th Circuit Court of Appeals also asked the Golden

Category: News

Kamin: High Court Appears Primed to Rule on 'Take-Home COVID ' in 2023

12/09/2022
The California Supreme Court is on track to have a rather significant ruling in 2023 on a question of whether a civil suit stemming from a “take-home COVID” claim is barred by the derivative injury doctrine.

Category: Industry Insights

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