Tag: exclusivity

Feb 18, 2021

Colorado High Court Says Injured Employee May Not Recover Via Co-Employee’s UM/UIM Policy

An injured employee is barred by operation of Colorado’s Workers’ Compensation Act’s exclusivity and co-employee immunity principles from bringing a UM/UIM benefits action against a co-employee vehicle owner’s insurer for...

Colorado High Court Says Injured Employee May Not Recover Via Co-Employee’s UM/UIM Policy Colorado High Court Says Injured Employee May Not Recover Via Co-Employee’s UM/UIM Policy
Sep 23, 2020

Illinois Court Says Action for Statutory Damages Under Biometric Act Not Barred by Exclusivity

Falling in line with several federal decisions that had earlier ruled on the issue, an Illinois appellate court held the exclusive remedy provisions of the state’s Workers’ Compensation Act do...

Illinois Court Says Action for Statutory Damages Under Biometric Act Not Barred by Exclusivity Illinois Court Says Action for Statutory Damages Under Biometric Act Not Barred by Exclusivity
Mar 26, 2020

$2.9 Million California Judgment Against Employer Stands in Muddled Green Card Application Case

A California appellate court affirmed a $2.9 million judgment entered against a former movie industry employer who botched the green card application process of one of its foreign employees, resulting...

$2.9 Million California Judgment Against Employer Stands in Muddled Green Card Application Case $2.9 Million California Judgment Against Employer Stands in Muddled Green Card Application Case
Dec 23, 2015

Florida Supreme Court Delivers Coup de Gras to Padgett

In a short—yet stinging—Order issued late yesterday [December 22, 2015], the Supreme Court of Florida declined to accept jurisdiction and accordingly denied a petition for review that had been filed...

Florida Supreme Court Delivers Coup de Gras to Padgett Florida Supreme Court Delivers Coup de Gras to Padgett
Jun 24, 2015

Florida Appellate Court Throws Out Judge Cueto’s “Padgett” Decision on Procedural Grounds

Earlier today (June 24th), Florida’s Third District Court of Appeal reversed and completely repudiated the decision of Judge Jorge E. Cueto, Circuit Court for Miami-Dade County, that had, on August 19,...

Florida Appellate Court Throws Out Judge Cueto’s “Padgett” Decision on Procedural Grounds Florida Appellate Court Throws Out Judge Cueto’s “Padgett” Decision on Procedural Grounds
Jan 12, 2015

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...

For Now, Exclusivity Does Not Bar Workers’ Tort Cases Against BP Products Following 2011 Chemical Release at Refinery For Now, Exclusivity Does Not Bar Workers’ Tort Cases Against BP Products Following 2011 Chemical Release at Refinery
Jan 17, 2014

US: Establishing “Substantial Certainty” in Intentional Tort Cases is Difficult

Construing La. Rev. Stat. § 23:1032, which generally provides that workers’ compensation is the exclusive remedy of an employee injured within the course and scope of the employment unless the...

US: Establishing “Substantial Certainty” in Intentional Tort Cases is Difficult US: Establishing “Substantial Certainty” in Intentional Tort Cases is Difficult
Feb 24, 2013

Washington: School Custodian’s Tort Claim Against Employer for PTSD Resulting From Clean-up Duties Following Student’s Suicide Is Barred by Exclusivity

Last Thursday, a Washington state appellate court affirmed the dismissal of a civil action filed by a school custodian against her employer, a school district and its superintendent, alleging intentional...

Washington: School Custodian’s Tort Claim Against Employer for PTSD Resulting From Clean-up Duties Following Student’s Suicide Is Barred by Exclusivity Washington: School Custodian’s Tort Claim Against Employer for PTSD Resulting From Clean-up Duties Following Student’s Suicide Is Barred by Exclusivity