Construing the so-called “borrowed employee” doctrine, the Superior Court of Pennsylvania stressed that where a worker employed by one company is furnished by that company to perform work for another...
Pennsylvania Borrowed Employee May Not Sue Borrowing Employer In Tort Pennsylvania Borrowed Employee May Not Sue Borrowing Employer In TortWhere a grocery store employee was shot and killed in an apparent robbery attempt in the parking lot adjacent to the store, but after the employee had ended her work...
Georgia Employee’s Estate May Move Forward With Tort Action Regarding Parking Lot Shooting Georgia Employee’s Estate May Move Forward With Tort Action Regarding Parking Lot ShootingWorkers’ Compensation Exclusion in Policy Does not Apply. Construing West Virginia law, the Fourth Circuit Court of Appeals held that an injured construction worker could proceed to recover damages under...
Fourth Circuit Says Injured Worker May Proceed Against Employer’s Auto Liability Policy Fourth Circuit Says Injured Worker May Proceed Against Employer’s Auto Liability PolicyA products liability/strict liability and negligence action filed by an employee against an employer based upon the employer’s earlier merger with the firm that had manufactured the allegedly defective product...
Federal Court Nixes SD Employee’s Attempted Use of Dual Capacity Doctrine Federal Court Nixes SD Employee’s Attempted Use of Dual Capacity DoctrineA Texas appellate court recently affirmed a trial court’s summary judgment in favor of an employer in a gross negligence action filed against it by the family of a worker...
Texas Employer Not Liable for Gross Negligence After Heat-Related Death Texas Employer Not Liable for Gross Negligence After Heat-Related DeathA former pharmaceutical employee, who contended his employer and its CEO forced him to use a proposed (and non-FDA approved) nasal spray medication that the employer was trying to develop...
Former NJ Employee’s Tort Suit Alleging Pharma Employer Forced Him to Use Non-FDA Approved Nasal Spray is Barred by Exclusivity Rule Former NJ Employee’s Tort Suit Alleging Pharma Employer Forced Him to Use Non-FDA Approved Nasal Spray is Barred by Exclusivity Rule“Substantially Certain” Doctrine Stays, in Spite of Specific Language to the Contrary In a deeply divided decision, with three justices concurring specially with the majority’s opinion, and four justices dissenting,...
Deeply Divided Oklahoma Supreme Court “Opts Out” of Legislature’s Definition of “intentional” Injury Deeply Divided Oklahoma Supreme Court “Opts Out” of Legislature’s Definition of “intentional” InjuryThe Supreme Court of Delaware, reversing earlier rulings by a state trial court, held that the exclusive remedy provisions of the state’s Workers’ Compensation Act (the Act), two workers who...
Delaware Supreme Court Says Injured Employees May Recover Under Employer’s Underinsured Motorist Coverage Delaware Supreme Court Says Injured Employees May Recover Under Employer’s Underinsured Motorist CoverageIn a diversity insurance case that the court indicated was an issue of first impression, the U.S. District Court for the District of Colorado, construing Colorado law, held that an...
Federal Court in Colorado Holds Injured Employee May Not Recover Under Employer’s Uninsured Motorist Coverage Federal Court in Colorado Holds Injured Employee May Not Recover Under Employer’s Uninsured Motorist CoverageEmployer Fails to Show Injury “Fell” Within “Access Doctrine” Exception to Going and Coming Rule A Texas appellate court recently held that an employer—the City of Corpus Christi—failed to show...
Texas Employee’s Tort Action for Fall in Parking Lot Injury May Move Forward Texas Employee’s Tort Action for Fall in Parking Lot Injury May Move ForwardA temporary staffing agency worker may not maintain a cause of action against a “borrowing employer” for personal injuries sustained in a work-related accident in spite of the fact that...
For Illinois “Borrowing Employer,” Exclusive Remedy Defense Not Tied to Payment of Insurance Premiums For Illinois “Borrowing Employer,” Exclusive Remedy Defense Not Tied to Payment of Insurance PremiumsA Georgia employee’s negligence claim against his employer for allegedly denying him access to medical care and insurance coverage following an injury in a vehicular crash is barred by the...
Georgia Employee May Not Sue Employer for Negligent Denial of Medical Care Following Injury Georgia Employee May Not Sue Employer for Negligent Denial of Medical Care Following Injury