Agency Guidance May Not Be Enough: Keeping Workers Safe and Avoiding Employer Workplace Liability During the COVID-19 Pandemic

SAMUEL ESTREICHER, ELISABETH CAMPBELL

NYU law professor Samuel Estreicher and 2L Elisabeth H. Campbell describe the wide array of laws that will need to come into play to keep workers safe and avoid employer liability as workplaces consider reopening amid the COVID-19 pandemic, cautioning that compliance will not necessarily relieve employers of the risk of litigation and liability. Estreicher and Campbell discuss applicable recommendations, guidelines, and requirements set forth by such agencies as the U.S. Department of Labor, which is responsible for administering the federal Occupational Safety and Health Act (OSHA), the Centers for Disease Control and Prevention (CDC), and the Equal Opportunity Employment Commission (EEOC).

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United States v. Jordan

Docket: 19-40499

Opinion Date: May 1, 2020

Judge: Jennifer Walker Elrod

Areas of Law: Criminal Law

The Fifth Circuit affirmed the district court's grant of defendants' motion for a new trial on the basis of prejudicial outside influence on the jury. The court held that the district court did not abuse its broad discretion in granting the motion for a new trial without holding an evidentiary hearing. To the extent there is a bright-line rule applicable to allegations of outside influence on the jury, the court held that it was not applicable to this case. Furthermore, the district court did not abuse its discretion in exercising its prerogative, within broadly defined parameters, to handle the allegation of outside influence in the least disruptive manner possible in this unusual case. Finally, the district court permissibly concluded that the evidence showed a sufficient likelihood of prejudice to shift the burden to the Government, and that the Government did not (and could not) show "no reasonable possibility that the jury's verdict was influenced by" the CSO's comments.

United States v. McNabb

Docket: 19-50265

Opinion Date: May 1, 2020

Judge: Costa

Areas of Law: Criminal Law

The Fifth Circuit affirmed defendant's sentence imposed after he pleaded guilty to possessing a gun after having been convicted of a felony. The court held that defendant is not entitled to relief on his claim that the government breached the plea deal, and thus his appellate waiver remains enforceable. Accordingly, defendant's challenges to his sentence must be dismissed.