Ladder Safety “Feet” Are Not “Equipment Safety Guard” Under Ohio’s Intentional Tort Statute

Federal Court Dismisses Wrongful Death Action on Vermont’s Exclusivity Grounds

NC Court: Sexual Assault by Co-Employee Did Not Arise Out of Employment

Utah High Court Hints that Intentional Tort Exception to Exclusivity Might Not Apply to Occupational Disease Claims

Observing that Utah has recognized the intentional tort exception to exclusivity in cases falling under the state’s Workers’ Compensation Act (WCA), but had not (yet) extended the exception to cases...

Fifth Circuit Affirms Summary Judgment Favoring Former Employers in Toxic Chemical Case

In an unpublished decision, the U.S. Court of Appeals for the Fifth Circuit affirmed a district court's decision granting summary judgment in favor of two former employers who, according to...

Ohio Employer Not Liable in Tort Following Fatal Trench Collapse

An Ohio appellate court recently affirmed a state trial court’s grant of summary judgment in favor of an employer that had been sued in tort following the death of an...

NJ Worker's Tort Action Against Supply Company Fails on Exclusivity Grounds

A 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...

New York Mother's Intentional Tort Action Against Farm Owner Barred

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...

CT Worker Fails in Intentional Tort Action Against Employer

A 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...

Jury-Rigged “Safety” Mechanism Subjects NJ Employer to Substantially Certain Tort Claim

Allegations 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...

Divided Sixth Circuit Affirms Dismissal of Intentional Tort Action Filed against TN employer

In a split decision, the Sixth Circuit Court of Appeals affirmed the dismissal of an injured Tennessee worker’s intentional tort action against her employer based on the district court’s finding...

Idaho High Court Does “a 180”: Employees May Sue Employers for Reckless Conduct

Reversing itself (in relevant part), a divided Supreme Court of Idaho cast aside a year-old decision and, after re-argument, adopted what amounts to a reckless standard in so-called “intentional” tort...