Tag Archives: Federal

Federal Court Must Sever and Remand Oklahoma Retaliatory Discharge Claim

On Tuesday, a federal district court in Oklahoma, noting that claims arising under the workers’ compensation laws of any state are not removable under 28 U.S.C.A. § 1445(c), held that when a case was removed from state court based on … Continue reading

Posted in Case comment | Tagged , , , , , | Comments Off on Federal Court Must Sever and Remand Oklahoma Retaliatory Discharge Claim

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 out of an alleged chemical release at the BP refinery … Continue reading

Posted in Case comment | Tagged , , , , , , | Comments Off on For Now, Exclusivity Does Not Bar Workers’ Tort Cases Against BP Products Following 2011 Chemical Release at Refinery

US: 2010 Statutory Amendment Spelled “Certain” Demise of Oklahoma’s “Substantially Certain” Rule in Intentional Injury Actions Against Employers

An important exception to the exclusive remedy rule relates to intentional injury inflicted by the employer on an employee. Several legal theories have been advanced to support the exception. The best is that the employer will not be heard to … Continue reading

Posted in Case comment | Tagged , , , , , | Comments Off on US: 2010 Statutory Amendment Spelled “Certain” Demise of Oklahoma’s “Substantially Certain” Rule in Intentional Injury Actions Against Employers