In a 6–1 decision, the Supreme Court of Michigan has reversed a 2013 decision of a special panel of the state’s Court of Appeals, finding that a landscape worker was...
Michigan Supreme Court Clarifies Independent Contractor-Employee Distinction Michigan Supreme Court Clarifies Independent Contractor-Employee DistinctionA civil action filed by one equestrian exercise rider against another for injuries sustained when an anvil owned by the defendant fell from defendant’s vehicle and crushed plaintiff’s foot is...
NY: Co-employee Immunity Bars Exercise Rider’s Suit For Crushed Foot From Falling Anvil NY: Co-employee Immunity Bars Exercise Rider’s Suit For Crushed Foot From Falling AnvilDisruption Caused by Growth in Number of Temporary/Contingent Workers A few days ago, my close colleague, Robin Kobayashi, and I put the final touches on a new book, Workers’ Compensation...
Commentary: For Whom Are You Working? Ohio Court Creates Twilight Zone For Temporary Workers Commentary: For Whom Are You Working? Ohio Court Creates Twilight Zone For Temporary WorkersThe Wyoming Supreme Court, construing the statutory provision within the state’s Workers’ Compensation Act (“the Act”) defining “employee,” recently held that an an undocumented worker might be able to take...
Wyoming Court Says Undocumented Worker Might Be Able to Employ Ingenious Argument to Avoid Exclusive Remedy Defense Wyoming Court Says Undocumented Worker Might Be Able to Employ Ingenious Argument to Avoid Exclusive Remedy DefenseA California appellate court has sustained a demurrer to a complaint alleging, among other things, intentional infliction of emotional distress filed by a former employee of a car dealership against...
California Court Says Plaintiff’s IIED Claim is Barred by Exclusivity California Court Says Plaintiff’s IIED Claim is Barred by ExclusivityIn a case of first impression, an Illinois appellate court, reversing a decision by a state trial court, has ruled that neither the exclusive remedy provisions of the Illinois Workers’...
Illinois: Tort Action Against Employer Not Barred Where Workers’ Comp Claim Was Time-Barred Before Employee Ever Learned of It Illinois: Tort Action Against Employer Not Barred Where Workers’ Comp Claim Was Time-Barred Before Employee Ever Learned of ItIn what is likely the last few days of the current term of the United States Supreme Court, an army of prognosticators are looking up from their tea leaves into...
Oooops! In Ruling on Collateral Estoppel Issue, What Does a Court Do if Its Earlier Decision Was Actually Wrong? Oooops! In Ruling on Collateral Estoppel Issue, What Does a Court Do if Its Earlier Decision Was Actually Wrong?Answering a question certified to it by the U.S. Court of Appeals (2nd Circuit), the Court of Appeals of New York, in Isabella v. Koubek, 2014 N.Y. LEXIS 569 (Mar....
New York: Vehicle Owner Shielded from Contribution By Exclusive Remedy Defense New York: Vehicle Owner Shielded from Contribution By Exclusive Remedy DefenseConstruing La. Rev. Stat. § 23:1032, which generally provides that workers’ compensation is the exclusive remedy of an employee injured within the course and scope of the employment unless the...
US: Establishing “Substantial Certainty” in Intentional Tort Cases is Difficult US: Establishing “Substantial Certainty” in Intentional Tort Cases is DifficultConstruing Wisconsin’s exclusive remedy defense, a federal district court recently refused to dismiss a civil action filed by a former principal against a school district alleging, among other things, intentional...
Federal Court (Wisconsin) Allows IIED Claim to Move Forward; Exclusivity Did Not Apply Since Plaintiff Was On Administrative Leave Federal Court (Wisconsin) Allows IIED Claim to Move Forward; Exclusivity Did Not Apply Since Plaintiff Was On Administrative LeaveConstruing the intentional injury exception to the exclusive remedy provisions of the Wyoming Workers’ Compensation Act [Wyo. Stat. Ann. § 27–14–104(a) (LexisNexis 2013)], the state’s Supreme Court recently affirmed a...
Wyoming: Employee’s Intentional Tort Action Against Supervisors Fails Wyoming: Employee’s Intentional Tort Action Against Supervisors FailsExtensively quoting from Larson’s Workers’ Compensation Law and reiterating the state’s two-prong test to invoke the so-called “dual capacity doctrine” as an exception to the exclusive remedy provided by the...
Illinois: Wrongful Death Action Against Employer Alleging “Dual Capacity” Fails Illinois: Wrongful Death Action Against Employer Alleging “Dual Capacity” Fails