A 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 ClaimWhere a residential counselor at a Pennsylvania inpatient psychiatric facility sought and successfully secured a $40,000 settlement from her employer in a workers’ compensation proceeding in connection with injuries she...
Settlement of Comp Claim Bars Subsequent Civil Action Against Employer on “Third Party Attack” Theory Settlement of Comp Claim Bars Subsequent Civil Action Against Employer on “Third Party Attack” TheoryStressing that under Georgia law, it is the right to control, not the actual exercise of that control, which determines whether the work relationship is one of employer and employee,...
Georgia Husband/Wife Driving Team Were Employees: Wife’s Tort Action Barred by Exclusivity Georgia Husband/Wife Driving Team Were Employees: Wife’s Tort Action Barred by ExclusivityIn a case replete with irony, as many of us scurry around gathering the plethora of information required to file our annual individual income tax returns, a federal district court...
What Goes Around Comes Around: IRS Employee May Not Recover for Stress Associated with Pursuing Injury Claim What Goes Around Comes Around: IRS Employee May Not Recover for Stress Associated with Pursuing Injury ClaimIn relevant part, N.Y. Workers’ Comp. Law § 11 prohibits third-party claims for indemnification and contribution against an employer unless the injured employee has sustained a “grave injury” as defined...
Uninsured NY Employer May Not Use “Grave Injury” Statute to Defend 3rd-Party Indemnity Claim Uninsured NY Employer May Not Use “Grave Injury” Statute to Defend 3rd-Party Indemnity Claim