Oklahoma: Co-Employee Must Be In Course and Scope of Employment for Exclusive Remedy Protection

SC Comp Act Prevents Recovery of UM Benefits by Injured Employee Against Co-Employee

Federal Court Dismisses Racially-Based IIED Suit Filed Against Co-Employee

A federal district court, construing Missouri law, dismissed a civil action filed by one employee against another alleging negligent infliction of emotional distress (“NIED”) and intentional infliction of emotional distress...

General Liability Insurer Must Defend In Spite of Fact That Injury Occurred at Workplace

In True North Me. v. Liberty Mutual Ins. Co., 2020 U.S. Dist. LEXIS 13941 (Jan. 28, 2020), a federal district court sitting in Maine applied the so-called “comparison test” —...

NC Auto Insurer Need Not Defend Wrongful Death Action

Defendant Driver Was “Borrowed” Co-Employee and Immune From Suit. In a declaratory judgment action to determine if an automobile liability insurance company was required to defend its insured against an...

Massachusetts Retaliatory Discharge Statute Protects Employee’s Right to Sue Employer in Tort

A provision of the Massachusetts Workers’ Compensation Act (Act), Mass. Gen. Laws ch. 152, § 75B(2), and not the common law, affords an employee who was injured on the job...

Employer and Co-Employees Not Liable in Tort Following Holiday Party Fatality

In a case with bizarre underlying facts, a New York appellate court held a trial court erred in denying an employer’s summary judgment motion in a tort action filed against...