502 U.S. 527 (1992) Cited 156 times 18 Legal Analyses
Holding that Board erred in finding that employer should have allowed union on its premises because it had no other way to reach its target audience, inasmuch as in reaching its decision the Board misconstrued prior Supreme Court precedent
Holding that, in order to establish liability for a negligence action, a principal must have some degree of control over the method by which the agent conducts business
Holding a general contractor was the statutory employer of a forklift operator injured at a construction site as all factors of the McDonald test were satisfied
Explaining that when a possessor of land hires an independent contractor, the independent contractor “is in possession of the necessary area occupied by the work contemplated under the contract and his responsibility replaces that of the owner who is, during the performance of the work by the contractor, out of possession and without control over the work or the premises”
In Cooper, the Supreme Court of Pennsylvania affirmed a jury verdict against the owner of a power plant and in favor of a contractor's employee who suffered electrocution because the owner "continued to exercise control over the damaging instrumentality (the lethal transformers) while the independent contractor was working."