The Supreme Court of Texas, providing a clear and exhaustive discussion of the state's special utilization of the so-called "substantially certain" standard to be utilized in intentional tort actions filed by employees against their employers, held...
A trial court was correct in finding that a plaintiff-employee had failed to establish an issue of fact in his intentional tort civil action filed against the employer following a serious injury in which the worker's leg was severed above his knee by a mechanical...
A former law firm security officer may not maintain a civil action against his former employer for alleged Title VII discrimination, wrongful termination, and “pain and suffering” injuries allegedly suffered by the plaintiff following an altercation...
A federal district court dismissed a civil action filed by an IRS employee who sought money damages from the Service and from its Workers’ Compensation Branch for “undue work and stress” associated with pulling together the records and other physical evidence she...
In a decision that is likely to have broad and long-reaching ramifications, a divided Supreme Court of Idaho, following a rehearing in a case decided one year earlier, threw out its earlier decision and adopted a rule that allows an injured employee to sue his...
An Iowa appellate court, following the “narrow” exception to co-employee immunity established in Thompson v. Bohlken , 312 N.W.2d 501, 505 (Iowa 1981), held that a state trial court was correct when it granted a defendant/co-employee a judgment notwithstanding...
In spite of what the Missouri appellate court said was a “poorly written” opinion by an ALJ (adopted and incorporated by the state’s Labor & Industrial Relations Commission), a state appellate court panel held there was still more than sufficient...
Where the parents of a worker killed in an industrial accident and another worker who sustained injuries in the accident submitted applications for workers’ compensation benefits and accepted them, the parties could not later maintain a civil action against the...
Construing New Jersey’s “substantially certain” rule, as applied to intentional tort claims filed against employers and co-employees, a state appellate court held that a former employee of a pharmaceutical company could not move forward against...
In a split decision, the U.S. Court of Appeals for the First Circuit held the Canadian government was not immune from a suit filed against it by a U.S. citizen who sustained a work-related injury while working as an administrative assistant to the Consul General...
That an overnight attendant at a rest area knew his assailant—a former co-employee—and could not show that the assailant’s motives were related to the employment—the assailant committed suicide shortly after the attack—did not mean...
The Supreme Court of Nevada, reversing a decision of the state’s court of appeals, held that a Las Vegas casino employee could not maintain a civil action against his employer to recover damages for its alleged delay in seeking medical treatment following his suffering...
An injured worker, who sustained catastrophic injuries that initially rendered him comatose and which ultimately resulted in significant behavioral and memory deficits, including deficits in executive functioning, problem solving, planning, and balance, may proceed...
Construing Minnesota law, the Eighth Circuit Court of Appeals affirmed a federal district court’s decision to grant summary judgment in favor of a Minnesota school district that had been sued by a teacher who sustained serious injuries when he attempted to...
Acknowledging its earlier adoption of the “quantum theory of work connection,” described in Larson’s Workers’ Compensation Law , under which the “arising out of” and “in the course of” tests are not independent, but...