Latest Articles
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June 24, 2022
In this article - part of Lewis Brisbois' Marine & Energy newsletter, The Lookout - San Francisco Partner David E. Russo provides some thoughts on two areas of importance to the maritime industry - automonomous ships and offshore wind development.
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June 24, 2022
In 1851, the Limitation of Liability Act was passed in the U.S., which (among other things) applied to oil spills from vessels. Vessel owners were liable for incident-related costs only up to the post-incident value of the vessel. In 1924, Congress passed the first Oil Pollution Act, expanding vessel owner liability for intentional/deliberate discharges. Two very infamous and world-shocking incidents later evidenced the issues with this limited oil spill liability.
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June 24, 2022
The United States Court of Appeals for the Fifth Circuit recently overturned its own 2012 precedent in an admiralty case, finding a subsequent U.S. Supreme Court ruling superseded its previous case law.
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June 14, 2022
Despite the uncertainty amidst the COVID-19 pandemic, New York’s Appellate Division still decided a number of Labor Law appeals in 2021. Of particular interest were the 118 cases in which the Appellate Division decided appeals regarding Labor Law § 240(1), most of which were in the First and Second Departments. This article compiles statistics about those decisions, including the number of cases decided in plaintiffs’ favor, in defendants’ favor, and the cases in which the courts found questions of fact precluding summary judgment.
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June 14, 2022
In recent years, there has been a concerning development regarding judicial analysis of Labor Law § 241(6). Specifically, courts have – incorrectly – applied a somewhat “absolute liability” interpretation to Labor Law § 241(6). However, § 241(6) is not an “absolute liability” statute, like Labor Law § 240(1), and these recent rulings are contrary to decades of jurisprudence.
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June 14, 2022
It is widely known and accepted in the construction industry that fall protection must be provided to workers working at a height of six (6) feet or more. This six-foot rule is set forth in OSHA Subpart M (§1926.500, et. seq.). Additionally, Industrial Code Section 23-1.7(b) requires fall protection for workers who are working near unguarded openings or edges, consisting of barriers, safety railings, or gates.
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May 26, 2022
A recent decision out of the Ninth Circuit in Miller v. C.H. Robinson Worldwide, Inc., 976 F.3d 1016 (9th Cir. 2020) aims to impose enormous costs on the transportation industry, including freight brokers. Indeed, these are the very costs that Congress sought to avoid in enacting the Federal Aviation Administration Authorization Act of 1994, 49 U.S.C. § 14501(c)(1) (the F4A).
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May 26, 2022
Those who practice transportation law are acutely aware of the accident investigation process. There are essential tasks that must be completed in short order, such as driver and witness interviews, obtaining crash reports, retaining the right accident reconstruction expert, and coordinating and completing inspections of the accident scene and involved vehicles. This article, however, is meant to serve as a reminder that our understanding of where crash data can be found must go beyond simply downloading an engine control or air bag control module.
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