In a case involving an utterly bizarre fact pattern, as well as a legal battle stretching out over the bulk of a decade, the Supreme Court of California, in a...
Opinion Mondays: Is California's "Posse Law" Passé? Opinion Mondays: Is California's "Posse Law" Passé?In a split decision, the Superior Court of Pennsylvania held that a well owner and another firm that provided well services to the well owner were not the statutory employers...
Pennsylvania Well Owner and Service Provider Were Not Statutory Employers of Truck Driver Making Delivery Pennsylvania Well Owner and Service Provider Were Not Statutory Employers of Truck Driver Making DeliveryA New Jersey appellate court affirmed a state trial court’s decision to grant summary judgment in favor of a defendant supply company in a civil action filed against it by...
NJ Worker's Tort Action Against Supply Company Fails on Exclusivity Grounds NJ Worker's Tort Action Against Supply Company Fails on Exclusivity GroundsA Florida appellate court recently affirmed a trial court’s decision granting summary judgment to a defendant company in a negligence action filed against it by a security guard who was...
Waiver in Labor Broker’s Employment Contract Saves Client from Suit by Injured Security Guard Waiver in Labor Broker’s Employment Contract Saves Client from Suit by Injured Security GuardA 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?In 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 StateA 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 EmployerNoting initially that the pleadings of a party proceeding pro se must be held to a less stringent standard than formal pleadings drafted by lawyers, a federal district court in...
Law Firm Security Guard's Claim For Injuries Barred by Exclusive Remedy Rule Law Firm Security Guard's Claim For Injuries Barred by Exclusive Remedy RuleIn an unusual case with an interesting twist, a New York appellate court yesterday affirmed a decision by a state trial court that denied a defendant's motion for summary judgment...
Injured NY Worker Who Received Comp Benefits Might Also Recover in Tort Against Co-Worker Injured NY Worker Who Received Comp Benefits Might Also Recover in Tort Against Co-WorkerA California appellate court affirmed a $2.9 million judgment entered against a former movie industry employer who botched the green card application process of one of its foreign employees, resulting...
$2.9 Million California Judgment Against Employer Stands in Muddled Green Card Application Case $2.9 Million California Judgment Against Employer Stands in Muddled Green Card Application CaseAllegations that a New Jersey company maintained an unwritten policy of avoiding the use of a lock-out, tag-out (“LOTO”) safety feature on a machine because doing so would require a...
Jury-Rigged “Safety” Mechanism Subjects NJ Employer to Substantially Certain Tort Claim Jury-Rigged “Safety” Mechanism Subjects NJ Employer to Substantially Certain Tort Claim