Issue Commentary: After 32 Years, NC Courts Still Struggle with “Substantial Certainty” Test

Worker’s Failure to Accommodate Action is Not Barred by Exclusivity

Texas Employee Recovers in Tort Against Employer Following Parking Lot Fall

Employee of Uninsured Michigan Subcontractor May Not Sue General Contractor

UPS Employee May Not Sue KY Retailer for Injuries Sustained at Latter’s Loading Dock

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

New Mexico Court Discusses State’s “Peculiar” Going and Coming Rule

In an unusual case that turned on the “peculiar” wording of New Mexico’s statutory going and coming rule, the Court of Appeals of New Mexico affirmed a decision by a...

Kansas Court Says Dual Capacity Doctrine Not Applicable Where Employer Manufactured Machine Causing Employee’s Injury

Observing that in Kansas, like a number of other states, an employer may be liable in tort as a “third-party tortfeasor” if the employer has obligations to the employee independent...

Civil Action Related to COVID-19 Death of Texas Employee Barred by Exclusivity

A federal district court, sitting in Texas and construing Texas law, granted a defendant-employer’s motion for summary judgment in a civil action filed against it by the family of a...

California Comp Act Does Not Bar COVID-19 Wrongful Death Claim

In an important decision that is certain to garner attention well beyond California’s borders, a California appellate court denied a petition for writ of mandate filed by an employer who...

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...

Florida’s Second DCA Reverses Itself; Public Utility Was “Contractor” as to its Maintenance Efforts

Following Tampa Electric Company's motion for rehearing regarding its October 20, 2020 decision, in which Florida’s Second District Court of Appeal had held that the public utility company’s obligation to...