Florida Court Applies “Business Judgment Rule” in Retaliatory Discharge Action

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...

NY Court Examines Applicability of Back-Dated Indemnification Agreement

A New York appellate court affirmed a trial court’s decision denying that portion of an employer/third-party defendant’s motion seeking dismissal of a contractual indemnification claim filed against it by a...

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In an unpublished decision, the U.S. Court of Appeals for the Fifth Circuit affirmed a district court's decision granting summary judgment in favor of two former employers who,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

Texas Court Affirms Summary Judgment Favoring Former Employer in Toxic Tort Suit

A Texas appellate court recently affirmed a state trial court’s decision granting summary judgment in favor of a former employer (and a companion company) who had been sued by a...

Broad Release in VSSR Settlement Agreement Sinks Subsequent Action for Spoliation of Evidence

An Ohio appellate court recently affirmed a decision of a state trial court that granted summary judgment in favor of an employer in a civil action filed against it by...

Delaware Worker's Tort Suit Against TPA May Continue

A 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....

Georgia Husband/Wife Driving Team Were Employees: Wife’s Tort Action Barred by Exclusivity

Stressing 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,...

For Now, Exclusivity Does Not Bar Workers’ Tort Cases Against BP Products Following 2011 Chemical Release at Refinery

A Federal District Court in Texas has refused to grant a motion for summary judgment filed by Defendant BP Products North America, Inc. (“BP Products”) in a civil action arising...