Independent Contractor/Driver Was Joint Employer Under Iowa Law Construing Iowa law, the Eighth Circuit Court of Appeals recently affirmed a federal district court’s decision granting summary judgment to an independent...
Trainee/Apprentice May Not Sue Independent Contractor/Truck Driver Trainee/Apprentice May Not Sue Independent Contractor/Truck DriverReiterating its decision in Kittell v. Vermont Weatherboard, Inc., 138 Vt. 439, 417 A.2d 926 (1980) (per curiam), in which the Supreme Court of Vermont held that nothing short of...
Vermont High Court Again Refuses to Utilize “Substantial Certainty” Exception for Intentional Injury Cases Vermont High Court Again Refuses to Utilize “Substantial Certainty” Exception for Intentional Injury CasesA housekeeping employee at a Las Vegas casino, who suffered a stroke just prior to the beginning of his work shift, and who contended his medical condition was exacerbated when...
Nevada Casino Employee’s Tort Action Against Employer for Delaying Stroke Treatment is Barred by Exclusivity Nevada Casino Employee’s Tort Action Against Employer for Delaying Stroke Treatment is Barred by ExclusivityWhile a workers’ compensation insurer generally enjoys the same sort of immunity from tort liability afforded the employer [see Larson’s Workers’ Compensation Law, § 100.01], there are limits to that...
NC Worker’s Tort Claim Against Insurer for Malicious Prosecution May Move Forward NC Worker’s Tort Claim Against Insurer for Malicious Prosecution May Move ForwardMisclassification of Workers is not Recognized as independent Tort A Maryland cab driver, who sustained injuries in a work-related auto accident, may not maintain a civil action against the cab...
Maryland Cab Driver’s “Misclassification” Action Appropriately Dismissed Maryland Cab Driver’s “Misclassification” Action Appropriately DismissedParent Faces “Catch-22”: Wrongful Death Claim Barred by Exclusivity, Yet No Workers’ Comp Benefits Available The Supreme Court of Alaska, in Burke v. Raven Elec., 2018 Alas. LEXIS 64 (May...
Alaska’s High Court Upholds Total Bar of Recovery for Non-Dependent Parents of Deceased Employees Alaska’s High Court Upholds Total Bar of Recovery for Non-Dependent Parents of Deceased EmployeesConstitutional Provision Protecting Only “Immediate” Employers Does Not Limit Immunity In a decision that has important implications for Montana firms that utilize professional employer organizations (“PEOs”) for their labor forces,...
Montana: Both Parties to Employee Leasing Arrangement Enjoy Exclusive Remedy of State’s Workers’ Compensation Act Montana: Both Parties to Employee Leasing Arrangement Enjoy Exclusive Remedy of State’s Workers’ Compensation ActCertified Question From Tenth Circuit re: “Dual-Capacity” A divided Supreme Court of Oklahoma, responding to a question certified to it by the Tenth Circuit Court of Appeals, has held the...
Oklahoma Supreme Court: Parent Corporation Not Always Shielded by Exclusive Remedy Doctrine Oklahoma Supreme Court: Parent Corporation Not Always Shielded by Exclusive Remedy DoctrineTemporary Employee Has Option of Claiming Benefits or Suing in Tort Based, at least in part, on the court’s so-called “literal” reading of a Wisconsin statute [Wis. Stat. § 102.29(6)(b)1.], the...
The Road Less Traveled: Wisconsin Court of Appeals Shuns Majority Rule Re: Borrowing Employer’s Tort Immunity The Road Less Traveled: Wisconsin Court of Appeals Shuns Majority Rule Re: Borrowing Employer’s Tort ImmunityYesterday, in an eagerly awaited decision, Vitale v. Schering-Plough Corp., Case No. A-20-16 (Dec. 11, 2017), the Supreme Court of New Jersey held that a disclaimer in an employment agreement...
NJ High Court Strikes Down Employment Contract Clauses Waiving Third-Party Claims NJ High Court Strikes Down Employment Contract Clauses Waiving Third-Party ClaimsAn officer of a Florida corporation, who elected to be exempt from workers’ compensation coverage [see § 440.02(15)(b)(1), Fla. Stat. (2008)], and whose “employing” corporation was a subcontractor on a...
Exempt Florida Corporate Officer of Subcontractor Barred From Suing General Contractor Exempt Florida Corporate Officer of Subcontractor Barred From Suing General ContractorWhere a California employee alleged facts showing that she was raped while working on the employer’s premises by a drunk nonemployee trespasser, that the employer knew or should have known...
Raped California Hotel Employee May Proceed Against Employer under State’s Fair Employment and Housing Act Raped California Hotel Employee May Proceed Against Employer under State’s Fair Employment and Housing Act