News & Analysis as of

Motion to Dismiss Workers' Compensation Claim

Marshall Dennehey

NJ Supreme Court Affirms Dismissal of Third-party Complaint Against Insurer. Negligence, Gross Negligence, Recklessness Claims Are...

Marshall Dennehey on

Rodrigues v. Shelbourne Spring, LLC, No. A-39-23 (December 12, 2024) - In a unanimous decision, the New Jersey Supreme Court found Hartford Underwriters Insurance Company had no duty to defend the employer, SIR Electric LLC....more

Weber Gallagher Simpson Stapleton Fires &...

If at First You Don't Succeed, Appeal and then Appeal Again - Unless You Are Out of Time

In a recent decision, New Jersey Transit’s Motion to Dismiss was affirmed by the Appellate Court on February 2, 2022. The petitioner had appealed from the October 7, 2020 Order of the Workers' Compensation Court granting the...more

Jackson Lewis P.C.

Take-Home Exposure For COVID-19 Fails In California District Court

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As COVID-19-related litigation increases, courts are being called upon to interpret the scope of employers’ duties to protect their employees with relation to the virus. Last week, a California federal judge dismissed a...more

Husch Blackwell LLP

Latent Injury Exception To Illinois Workers’ Compensation Legislation Challenged

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On May 17, 2019, Illinois adopted legislation eliminating the state’s 25-year statute of repose under the Illinois Workers’ Compensation Act for latent diseases. The legislation overturned the prominent Supreme Court decision...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Long Arms and Sore Backs

This week, the Ninth Circuit explains when courts have personal jurisdiction over foreigners who contract with U.S.-based businesses, and whether severe pain can qualify as a disability under the Longshore and Harbor Workers’...more

Littler

New Mexico Supreme Court Holds Tribal Casino Immune from Workers’ Compensation Claims

Littler on

On January 16, 2020, the New Mexico Supreme Court issued its decision in Mendoza v. Isleta Resort and Casino, holding that a tribe does not waive its sovereign immunity to workers’ compensation claims merely by committing in...more

Jaburg Wilk

Arizona District Court Dismisses Bad Faith and Aiding & Abetting Claims Against TPA and Adjuster

Jaburg Wilk on

The Holding - In Centeno v. American Liberty Ins. Co., 2019 WL 568926 (D. Ariz. Feb. 12, 2019) (Order), an insurance bad faith case arising from a workers’ compensation claim, the Arizona District Court granted a motion to...more

Cranfill Sumner LLP

Are You a “Special” Employer?

Cranfill Sumner LLP on

When an appellate opinion includes words like joint employment, special employer, general employer, lent employee, or borrowed servant, it usually means that the parties have a fundamental difference of opinion about the...more

Jaburg Wilk

Arizona Court of Appeals Enforces Workers' Comp Exclusion to MedPay Coverage

Jaburg Wilk on

The Holding - In Doneson v. Farmers Ins. Exch., 2018 WL 4781382 (Ariz.App. Oct. 3, 2018), an insurance bad faith case, the Arizona Court of Appeals upheld an exclusion precluding MedPay benefits “if workers’ compensation...more

Carlton Fields

Minnesota Court of Appeals Affirms Dismissal of Claims Against Reinsurer Under Filed-Rate Doctrine

Carlton Fields on

The filed-rate doctrine precluded recovery of deficiency assessments the Workers’ Compensation Reinsurance Association (WCRA) levied against employers which were alleged to have been wrongfully collected in 2013 and 2014 when...more

Troutman Pepper Locke

February 2017 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper Locke on

Four of the eight court cases we report on below in our February 2017 monthly update of IC misclassification cases involve Uber, and each of those cases were victories for the ride-sharing, on-demand company. Although none of...more

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