In a long, winding, yet carefully-worded decision (with both concurring and dissenting opinions), a divided Supreme Court of Texas held the federal Airline Deregulation Act (ADA) does not preempt Texas’s...
Texas High Court Collides with 10th Circuit’s Air Ambulance Decision Texas High Court Collides with 10th Circuit’s Air Ambulance DecisionA New York appellate court affirmed a decision of a state trial court that had granted summary judgment to a defendant/farm owner who had been sued by the mother of...
New York Mother's Intentional Tort Action Against Farm Owner Barred New York Mother's Intentional Tort Action Against Farm Owner BarredBuilding on an earlier decision, discussed here, a federal district court sitting in Illinois held, in relevant part, that an action filed by an employee against an employer pursuant to...
Should Employers Consider Special Release Agreements Before Distributing New Laptops? Should Employers Consider Special Release Agreements Before Distributing New Laptops?Jettisoning a decision that had stood for more than 85 years, a divided Supreme Court of Georgia overruled Ocean Acc. & Guar. Corp. v. Farr, 180 Ga. 266 (178 SE...
Supreme Court of Georgia Jettisons 85-Year-Old Decision Regarding “Off-the-Clock” Injuries Supreme Court of Georgia Jettisons 85-Year-Old Decision Regarding “Off-the-Clock” InjuriesIn a Massachusetts divorce proceeding, a state appellate court affirmed a decision by a state Probate and Family Court judge that had allocated $50,000 of the husband’s remaining workers’ compensation...
MA Court OKs Division of Workers' Comp Settlement Between Divorcing Couple MA Court OKs Division of Workers' Comp Settlement Between Divorcing CoupleIn a decision not designated for publication, a Virginia appellate court affirmed an award of workers' compensation benefits to a claimant who contended he developed Crohn's colitis — a type...
Virginia Employee's Bowel Disease Tied to Puncture Wound in Foot Virginia Employee's Bowel Disease Tied to Puncture Wound in FootIn another case involving Utah's so-called "Allen standard," under which an employee with a preexisting condition faces a heightened standard for proving legal causation, a state appellate court affirmed a...
Utah Court Agrees that Leap from Truck Was Unusual Utah Court Agrees that Leap from Truck Was UnusualIn an opinion that provides perhaps the best discussion of the intentional injury exception to a state’s exclusive remedy rule, the Supreme Court of Texas held that in order for...
Texas High Court Shows "Substantially Certain" Rule Differs "Substantially" from State to State Texas High Court Shows "Substantially Certain" Rule Differs "Substantially" from State to StateApplying Utah’s so-called “Allen standard,” under which an employee with a preexisting condition must show that her employment contributed “something substantial” to increase the risk already faced in everyday life,...
Utah Worker Established Causation in Spite of Preexisting Knee Condition Utah Worker Established Causation in Spite of Preexisting Knee ConditionA New York appellate court affirmed a decision by the state's Workers' Compensation Board that awarded benefits to a New York-based truck driver who sustained injuries in a roll-over accident...
NY Truck Driver's Reckless Driving Does Not Defeat Her Claim NY Truck Driver's Reckless Driving Does Not Defeat Her ClaimIn a decision that illustrates the difficulty that many employers will face if their state has adopted a presumption of compensability in COVID-19 cases, the District of Columbia Court of...
Opinion Mondays: D.C. Stroke Case Shows Fighting COVID-19 Presumptions is Going to Be Up-Hill Battle Opinion Mondays: D.C. Stroke Case Shows Fighting COVID-19 Presumptions is Going to Be Up-Hill BattleA Connecticut appellate court recently held that a state trial court did not err when it granted summary judgment in favor of an employer-defendant in an intentional tort claimed filed...
CT Worker Fails in Intentional Tort Action Against Employer CT Worker Fails in Intentional Tort Action Against Employer