Personal Injury Labor & Employment

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Workers Comp Continues To Be Exclusive Remedy for Workplace Injuries

Workers compensation laws are among the oldest protective labor statutes, dating back to the early 1900’s. Workers compensation embodies a simple tradeoff: employees may not bring personal injury lawsuits against their...more

Court Finds Taxi Cab Company Vicariously Liable for Taxi Driver’s Negligence

Emanuele Secci v. United Independent Taxi Drivers, Inc. - Court of Appeal, Second Appellate District 8 Cal.App.5th 846 (February 15, 2017) - The California Court of Appeals reinstated a jury verdict of $335,000...more

Top 10 Proposed Changes to Iowa's Workers' Compensation Law

The Iowa Legislature is currently reviewing proposed legislation pertaining to Iowa’s Workers’ Compensation laws. The proposed legislation has been introduced as House File 518, with companion Senate File 435. ...more

Court Rejects Overly Broad Request For Forensic Imaging Of Plaintiff’s Personal Computers

An Illinois appellate court has vacated a trial court’s order compelling the forensic imaging of several personal computers used by plaintiff, applying a balancing test that takes into account both the proportionality rule...more

Blurred Lines: Texas Supreme Court Applies Hazy Distinction Between Workplace Harassment And Assault

The Texas Supreme Court recently blurred the distinctions between harassment and assault claims as they apply to employer liability under the state’s antidiscrimination statute. In considering whether a plaintiff is required...more

One of Our Employees Died at Work – Am I Going to Jail?

Most know that lawsuits against an employer based on an employee’s workplace injury are barred by the applicable State’s Worker’s Compensation Act. However, did you know that in some circumstances, an employer may be...more

Texas Supreme Court Tosses Former Employee’s Defamation Suit Based on Matters of Public Concern Under the TCPA

Seyfarth Synopsis: The Texas Supreme Court throws out a former employee’s defamation suit under the Texas Citizens Participation Act, finding that communications about his alleged failure to measure a petroleum storage tank...more

Texas High Court Allows Employee to Pursue Assault Claim Against Employer for Tortious Acts of “Vice Principal”

Seyfarth Synopsis: In a decision that is sure to increase the costs and complexity of litigation, the Texas Supreme Court recently held that a former employee’s common law assault claim was not preempted by the state’s...more

Work in "Ultrahazardous" Activity Does Not Provide North Carolina Employees with Exception to Workers' Compensation Exclusivity

Workers’ Compensation exclusivity means that for the overwhelming majority of workplace injuries, employees are limited to compensation through the Comp system. Under the North Carolina Supreme Court’s Woodson decision,...more

Court Allows Retired President to Pursue Claim of Contract for Lifetime Pay and Benefits Against University

On February 7, 2017, the U.S. District Court for the Eastern District of Kentucky ordered that the former President of the University of the Cumberlands, Dr. James Taylor, may proceed on his claims that the University failed...more

South Carolina court says 'NO' to employee's claims against Boeing

Employees and their counsel have been very aggressive in attempting to couch employment claims as state-law matters and filing claims in state court instead of federal court to try to avoid the federal judiciary. For various...more

Can a dismissed employee be defamed in CCMA arbitration proceedings

Does an employee who alleges that he was defamed by statements made during his disciplinary/CCMA process have a legal claim for defamation? Towards the latter part of 2016, the Eastern Cape High Court in Clover SA (Pty)...more

Damages in bullying claims – the stakes are rising even higher

The Victorian Supreme Court recently issued a stunning decision awarding an employee over $600,000 comprising $210,000 for pain and suffering and the balance for lost past and future income, despite the employee having a...more

Employment Matters – UK - February 2017

New Cases Highlighting When "Gig Economy" Workers Are Entitled to Employment Rights - The "gig economy" is characterised by work performed on a short-term/temporary basis, in contrast to more traditional long-term roles....more

Appeal Court Revives Class Action against the WSIB

The Ontario Court of Appeal has revived a proposed class action brought by the appellant, Pietro Castrillo, on behalf of a class of injured workers whom he alleges have been wrongfully denied the full extent of benefits to...more

California Expands Factors in the Vicarious Liability Control Test

Although a company is generally not liable for the negligence of its independent contractors, companies required by the government to exert control over independent contractors may be held vicariously liable for the...more

Fourth Circuit Holds Zone of Danger Test Does Not Apply to Award of LHWCA Benefits

In January, a panel of the Fourth Circuit considered whether the “zone of danger” test outlined by the U.S. Supreme Court in Consolidated Rail Corp. v. Gottshall, 512 U.S. 532 (1994) is applicable to a longshoreman’s claim...more

The Federal Railroad Safety Act — An Employer’s Nonretaliatory Reasons for Discharging an Employee Must Be Considered in Context...

The Federal Railroad Safety Act (FRSA) prohibits a rail carrier from retaliating against an employee because the employee engaged in certain activities protected by the statute, including the reporting of a workplace injury....more

Q&A with Jake Krattiger: State companies could expand on texting ban in Oklahoma

Q: Can a business prevent its employees from using mobile devices like phones, tablets and computers when operating a company vehicle? A: Absolutely. The city of Tulsa recently implemented such a policy. Additionally,...more

Some Workers Compensation Principles That Are Often Misunderstood

A recent decision of the Connecticut Supreme Court sheds light on some common misunderstandings of the reach of workers compensation benefits. The basic events in Hart v. Federal Express Corporation, 321 Conn. 1 (decided...more

When Ubering Goes Wrong: A Lesson for Both Drunks And Employers

Uber is a wonderful invention that has a primary function of driving intoxicated people from point A to point B. Sometimes, however, getting from point A to point B becomes an issue. This week, a lawsuit was filed in...more

Ohio Governor Kasich Signs into Law Presumption for Cancer Incurred During Work Activities

On January 4, 2017, Governor John Kasich signed the Michael Louis Palumbo, Jr., Act (The Act) into law, which provides a rebuttable presumption that a firefighter who is disabled due to certain cancers, contracted the same,...more

The death of an employee due to the collapse of trench walls: Superior Court confirms the employer’s committal for trial for...

In the recent decision Fournier c R.[1], the Superior Court of Quebec confirmed that an employer’s violations of health and safety legislation can be the underlying unlawful act on which is based a criminal charge of...more

A Closer Look at the New Lawsuit By Baylor Football Coach Art Briles

It’s been a tough few months for Baylor football and its former coach Art Briles. Baylor fired Briles in May of this year, after an outside law firm investigated the school’s response to alleged sexual assaults by football...more

When is an after-party an after-party? Christmas parties and vicarious liability claims

It’s that time of the year again – Christmas parties and work socials galore. That heady mix of festive spirit and copious amounts of free alcohol. Add in work colleagues and things can get a little bit sticky. As some...more

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