Personal Injury Labor & Employment

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Are Employers Liable for Intentionally Harmful Acts by Their Employees?

It is well established that employers are legally responsible for injuries their employees cause within the course and scope of their employment. The theory behind this is that the employer enjoys the financial advantage from...more

Eleventh Circuit Sustains Award To Employer In Whistleblower Case

In a warning to plaintiffs’ counsel who seek emotional distress damages for alleged whistleblower retaliation under Florida law, the Eleventh Circuit in Smith v. Psychiatric Solutions, Inc., 750 F.3d 1253 (11th Cir. May 6,...more

Proper Processes Can Insulate Employer From Tortious Act of Employees

Employers occasionally become dejected over the prospects of defending against tort and other civil claims in state courts. However, a recent case out of Houston reaffirms that employers can and do win these kinds of cases...more

Oklahoma employer not responsible for workplace prank

Car dealerships must be a Mecca for pranks. The combination of substantial periods of downtime with a lively sales staff leads to workplace fun. But what happens when things turn ugly, and someone gets hurt? Does the employer...more

Employers Fight Back Against Whistleblowers

In 2013, the federal government recovered $3.8 billion from settlements and judgments under the False Claims Act (FCA). Whistleblowers—also called “relators”—can recover up to 30 percent of whatever a defendant pays in a...more

Is The Employee Who Injured Me Responsible for My Injuries?

A tort is a civil wrong that causes an individual to suffer harm, loss, or other injury. Generally speaking, the person who commits the tortious act is legally responsible for the victim's injuries. The theory of tort law...more

"Pay Me, Or Else…": California Court Rules Employee's Pre-Litigation Qui Tam Threat is Extortionate

A California appellate court recently issued a warning to employees who try to negotiate settlements with their employers by making veiled threats to report an employer's real or imagined criminal activity. In Stenehjem v....more

Summary of California Appellate Decisions - June 2014

Insurance Coverage; Professional Services Exclusion; Completed Operations; Duty To Defend: North Counties Engineering, Inc. v. State Farm General Insurance Company (2014) 224 Cal.App.4th 902, 169 Cal.Rptr.3d 726...more

North Carolina Supreme Court Allows Termination of TTD Benefits on General Economic Conditions

Employees injured on the job who are terminated by their employer are generally entitled to collect temporary total disability (TTD) benefits under the Workers’ Compensation Act until they are able to locate suitable...more

Company fined $25,000 for operating electrical contracting business without license under Electricity Act after apprentice injured

An electrical contractor has been convicted and fined for carrying on an electrical contracting business without being licensed under the Ontario Electricity Act. A young apprentice with the company was seriously...more

Nevada Supreme Court Holds Judicial Privilege for Statements Made to the Media During Litigation is Not Absolute

In Jacobs v. Adelson, 130 Nev. Adv. Op. 44 (Mar. 29, 2014), the Nevada Supreme Court was asked to decide whether statements made to a newspaper during litigation were absolutely privileged. The case involved a defamation...more

EuGH: Urlaubsanspruch endet nicht mit dem Tod

Mit dem Tod verliert ein Arbeitnehmer nicht seinen Anspruch auf bezahlten Jahresurlaub. Der finanzielle Ausgleich für nicht genommenen Urlaub muss beim Tod des Arbeitnehmers auf dessen Erben übergehen. Dies hat der...more

Health Alert (Australia) - June 16, 2014

In This Issue: Judgments; Legislation; and Reports. - Except from Judgments: New South Wales - 12 June 2014 - Rosten v Mid North Coast Local Health District [2014] NSWIRComm 29 - This was...more

South Carolina Legislative Update

In the final regular week of work for the 120th legislative session, the General Assembly set to work through a statewide ban on texting while driving and ethic reforms – in addition to agreeing to a $24 billion budget for...more

Stolen Customer Data Results in Ontario's First Certified Privacy Class Action

Businesses that collect personal information have an added incentive to monitor employees handling customer data – Ontario's first class action arising from the new tort of "intrusion upon seclusion" was certified last week....more

No Lawsuit for You! When Subcontractors Cannot Sue the General Contractor

Can a subcontractor sue a general contractor over a work site accident? A recent decision by the Pennsylvania Supreme Court loudly and clearly said, "NO." Why not? The court ruled in Patton v. Worthington Associations, Inc....more

California Court of Appeal Overturns Nonsuit Granted in Household Exposure Asbestos Case Where Trial Court’s Decision Was Based on...

On May 15, 2014, the First District Court of Appeal in California found that the trial court had erred in granting a nonsuit in favor of Pneumo Abex, LLC (Abex) in the asbestos personal injury action of Johnny Blaine Kesner,...more

North Carolina Court Allows Emotional Distress Damages for Wrongful Discharge Claim

North Carolina courts recognize a limited exception to the normal employment at-will doctrine. If an employee is terminated for reasons that violate state public policy, the plaintiff may pursue a common law tort claim to...more

The Construct - May 2014

In This Issue: - Green Law Corner - You Decide: Green Globes vs. LEED: The U.S. General Services Administration recently added Green Globes as an additional third-party green building certification system for...more

Civil Liability Act New South Wales (NSW) – most extreme case assessments – determinative, not discretionary

The NSW Court of Appeal’s 19 May decision in Hall v State of New South Wales [2014] NSWCA 154 provides some interesting guidance in respect of appealing the assessment of non-economic loss under the Civil Liability Act. The...more

Asbestos Alert: Kesner v. Pneumo Abex, LLC

Employers Now Have Duty to Take-Home Exposure Plaintiffs - On May 15, 2014, the Court of Appeal answered a question which has been asked repeatedly since the Second District Court of Appeal published a decision in...more

Illinois Court Holds Insured Cannot Deselect Insurer In Connection With Underlying Settlement

In its recent decision in AMCO Ins. Co. v. Cincinnati Ins. Co., 2014 Ill. App. LEXIS 296 (May 5, 2014), the Appellate Court of Illinois, First District, had occasion to consider whether an insurer selected by an insured’s...more

Employment Law Update: Bullying Not So Fashionable

Sussan: Where tit goes with tat - A recent win for a bullied employee of the Sussan retail chain in the Supreme Court of Queensland shows that it has never been more important for employers to ensure frontline managers...more

Living With Others Thinking You're Fu*king Crazy

One of the issues we address in this blog is the notion that social media doesn’t necessarily create new claims, but rather serves as a quicker and easier platform to apply traditional claims that have existed forever. Take...more

Legal Updates for Government Entities Covering March and April 2014

The Gallaghers sued TUSD and a TUSD school employee, Michael Corum, alleging that Corum sexually abused and/or exploited their developmentally challenged daughter at a TUSD school. The Gallaghers claimed that TUSD was...more

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