This Christmas’ “Hot” New Gift: Exploding Hoverboards

With holiday shopping in full swing and Christmas a week away, there are growing concerns over the safety of one of the season’s hottest items – hoverboards. The year’s “must have” gift harkens back to the popular ‘80s movie Back To The Future II and has captured the imagination of young and old alike, their popularity…

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Georgia Supreme Court Allows Employer Negligence To Reduce Employee’s Recovery In Third-Party Actions

A new Georgia Supreme Court decision has made it easier to defend third-party tort actions involving injured employees by reducing the recoveries when employer negligence contributes the work-related injury. Walker v. Tensor Mach., Ltd., 2015 WL 7135149 (Ga. 2015). Jock L. Walker was injured at work in August 2010 while he operated a machine that…

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PUTTING THE CART BEFORE THE HORSE: Amendment Proposed To Massachusetts’ Workers’ Compensation Subrogation Statute in Response to Judicial Activism

In the normal course of American jurisprudence, legislation is passed and courts decide cases according to the laws that have been passed. It seems that in Massachusetts, they have it backwards. Section 15 of the Massachusetts’ Workers’ Compensation Act provides unequivocally that in third-party tort cases, “the sum recovered shall be for the benefit of…

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