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

A federal court on Thursday asked California’s 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 State’s top court to determine whether California law imposes on employers a duty to households of its employees to exercise ordinary care to prevent the spread of COVID-19. The California Supreme Court does not have to accept the certification or answer the questions as laid out by the cour...