Tag: intentional tort

Nov 8, 2021

Utah High Court Hints that Intentional Tort Exception to Exclusivity Might Not Apply to Occupational Disease Claims

Observing that Utah has recognized the intentional tort exception to exclusivity in cases falling under the state’s Workers’ Compensation Act (WCA), but had not (yet) extended the exception to cases...

Utah High Court Hints that Intentional Tort Exception to Exclusivity Might Not Apply to Occupational Disease Claims Utah High Court Hints that Intentional Tort Exception to Exclusivity Might Not Apply to Occupational Disease Claims
Dec 3, 2020

Fifth Circuit Affirms Summary Judgment Favoring Former Employers in Toxic Chemical Case

In an unpublished decision, the U.S. Court of Appeals for the Fifth Circuit affirmed a district court's decision granting summary judgment in favor of two former employers who, according to...

Fifth Circuit Affirms Summary Judgment Favoring Former Employers in Toxic Chemical Case Fifth Circuit Affirms Summary Judgment Favoring Former Employers in Toxic Chemical Case
Sep 14, 2020

Ohio Employer Not Liable in Tort Following Fatal Trench Collapse

An Ohio appellate court recently affirmed a state trial court’s grant of summary judgment in favor of an employer that had been sued in tort following the death of an...

Ohio Employer Not Liable in Tort Following Fatal Trench Collapse Ohio Employer Not Liable in Tort Following Fatal Trench Collapse
Aug 11, 2020

NJ Worker's Tort Action Against Supply Company Fails on Exclusivity Grounds

A New Jersey appellate court affirmed a state trial court’s decision to grant summary judgment in favor of a defendant supply company in a civil action filed against it by...

NJ Worker's Tort Action Against Supply Company Fails on Exclusivity Grounds NJ Worker's Tort Action Against Supply Company Fails on Exclusivity Grounds
Jun 26, 2020

New York Mother's Intentional Tort Action Against Farm Owner Barred

A New York appellate court affirmed a decision of a state trial court that had granted summary judgment to a defendant/farm owner who had been sued by the mother of...

New York Mother's Intentional Tort Action Against Farm Owner Barred New York Mother's Intentional Tort Action Against Farm Owner Barred
Jun 4, 2020

CT Worker Fails in Intentional Tort Action Against Employer

A Connecticut appellate court recently held that a state trial court did not err when it granted summary judgment in favor of an employer-defendant in an intentional tort claimed filed...

CT Worker Fails in Intentional Tort Action Against Employer CT Worker Fails in Intentional Tort Action Against Employer
Mar 17, 2020

Jury-Rigged “Safety” Mechanism Subjects NJ Employer to Substantially Certain Tort Claim

Allegations that a New Jersey company maintained an unwritten policy of avoiding the use of a lock-out, tag-out (“LOTO”) safety feature on a machine because doing so would require a...

Jury-Rigged “Safety” Mechanism Subjects NJ Employer to Substantially Certain Tort Claim Jury-Rigged “Safety” Mechanism Subjects NJ Employer to Substantially Certain Tort Claim
Jan 17, 2020

Divided Sixth Circuit Affirms Dismissal of Intentional Tort Action Filed against TN employer

In a split decision, the Sixth Circuit Court of Appeals affirmed the dismissal of an injured Tennessee worker’s intentional tort action against her employer based on the district court’s finding...

Divided Sixth Circuit Affirms Dismissal of Intentional Tort Action Filed against TN employer Divided Sixth Circuit Affirms Dismissal of Intentional Tort Action Filed against TN employer
Dec 27, 2019

Idaho High Court Does “a 180”: Employees May Sue Employers for Reckless Conduct

Reversing itself (in relevant part), a divided Supreme Court of Idaho cast aside a year-old decision and, after re-argument, adopted what amounts to a reckless standard in so-called “intentional” tort...

Idaho High Court Does “a 180”: Employees May Sue Employers for Reckless Conduct Idaho High Court Does “a 180”: Employees May Sue Employers for Reckless Conduct
Nov 27, 2019

Federal Court Says Retaliatory Discharge Action May Not Be Removed

The U.S. District Court for the Southern District of West Virginia recently held that that the removal of plaintiff’s retaliatory discharge action that had been filed in state court was...

Federal Court Says Retaliatory Discharge Action May Not Be Removed Federal Court Says Retaliatory Discharge Action May Not Be Removed
Jul 15, 2019

Former NJ Employee’s Tort Suit Alleging Pharma Employer Forced Him to Use Non-FDA Approved Nasal Spray is Barred by Exclusivity Rule

A former pharmaceutical employee, who contended his employer and its CEO forced him to use a proposed (and non-FDA approved) nasal spray medication that the employer was trying to develop...

Former NJ Employee’s Tort Suit Alleging Pharma Employer Forced Him to Use Non-FDA Approved Nasal Spray is Barred by Exclusivity Rule Former NJ Employee’s Tort Suit Alleging Pharma Employer Forced Him to Use Non-FDA Approved Nasal Spray is Barred by Exclusivity Rule
Jun 24, 2019

Deeply Divided Oklahoma Supreme Court “Opts Out” of Legislature’s Definition of “intentional” Injury

“Substantially Certain” Doctrine Stays, in Spite of Specific Language to the Contrary In a deeply divided decision, with three justices concurring specially with the majority’s opinion, and four justices dissenting,...

Deeply Divided Oklahoma Supreme Court “Opts Out” of Legislature’s Definition of “intentional” Injury Deeply Divided Oklahoma Supreme Court “Opts Out” of Legislature’s Definition of “intentional” Injury