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...
Federal Court Dismisses Racially-Based IIED Suit Filed Against Co-Employee Federal Court Dismisses Racially-Based IIED Suit Filed Against Co-EmployeeA New York appellate court affirmed a trial court’s order granting an employer’s motion for summary judgment in a case in which a former employee—a grave digger—contended he had sustained...
NY Grave Digger’s Intentional Distress Claim Fails NY Grave Digger’s Intentional Distress Claim FailsA federal district court, sitting in California, granted–in relevant part–an employer’s motion to dismiss two causes of action alleging negligent supervision and intentional infliction of emotional distress filed by a...
Federal Court (Cal.) Says Tort Claim Alleging Unsafe COVID-19 Conditions is Barred by Exclusivity Rule Federal Court (Cal.) Says Tort Claim Alleging Unsafe COVID-19 Conditions is Barred by Exclusivity RuleA federal district court in California recently held that a plaintiff’s claims against her former employer, a private operator of correctional facilities, for negligent supervision and intentional infliction of emotional...
California Employee's IIED Claim Against Employer for Inadequate COVID-19 Protocols Barred by Exclusivity California Employee's IIED Claim Against Employer for Inadequate COVID-19 Protocols Barred by ExclusivityA civil action filed by an injured worker against a third-party claims administrator for alleged improper claims handling may proceed, held a Delaware court recently [see Ferrari v. Helmsman Mgmt....
Delaware Worker's Tort Suit Against TPA May Continue Delaware Worker's Tort Suit Against TPA May ContinueA 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 ExclusivityConstruing 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 LeaveIn an unpublished decision, Elster v. Fishman, 2013 Cal. App. Unpub. LEXIS 5158 (July 22, 2013) [check Cal. Rules of Court, Rule 8.1115(a) regarding rules related to citation], a California...
California: Legal Secretary’s IIED Claim Against Attorney and Firm Related to Pornographic Emails May Proceed California: Legal Secretary’s IIED Claim Against Attorney and Firm Related to Pornographic Emails May Proceed