California Workers’ Compensation Case Roundup 4/12/2011

Vol. 76 No. 3 March 2010 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review IMPORTANT NOTE: Lexis.com subscribers can link to the cases to read the complete headnotes and summaries...

California Workers' Compensation Cases Roundup (3/23/2012)

CALIFORNIA COMPENSATION CASES Vol. 77 No. 2 February 2012 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2012 LexisNexis. All rights...

Comfort & Joy, Part II: DE Supreme Court Delivers Gift in Section 2311 Contractor Case

I heard from Bob Richter, as well as John Ellis, on Thanksgiving Eve, and you have them to thank for today's post. As Bob succinctly offers: Cassandra, The Supreme Court affirmed. I am delighted. Happy Thanksgiving. The issue: For this to make sense, you might want to revisit my posts...

Comfort & Joy, Part II: DE Supreme Court Delivers Gift in Section 2311 Contractor Case

I heard from Bob Richter, as well as John Ellis, on Thanksgiving Eve, and you have them to thank for today's post. As Bob succinctly offers: Cassandra, The Supreme Court affirmed. I am delighted. Happy Thanksgiving. The issue: For this to make sense, you might want to revisit my posts of...

Sweet Caroline’s Excellent Adventure…..and a Lack of Due Diligence in Delaware as It Relates to Section 2311 Liability

I heard from Fred Freibott last evening with a recent case involving Section 2311 contractor liability. Since friends don't let friends remain ignorant of the law as to Section 2311, I thought I owed y'all a post. The case is Gregory Otter v. Green-Light Solutions, LLC, East Wind Enterprises...

Virginia: Real Estate Developer Is Subject to Wrongful Death Action for Contractor’s Employee

In a split decision, the Supreme Court of Virginia held that the trial court erred when it sustained a plea in bar and dismissed a wrongful death action filed against a property owner by the estate of a general contractor’s employee who was killed in a construction accident. The majority held that...

Louisiana: $13 Million Intentional Tort Verdict and Judgment Overturned as to Statutory Employer

Reversing a judgment rendered in favor of plaintiffs after an eight-day trial in which the jury in relevant part found a general contractor liable to its statutory employee for an “intentional act,” a Louisiana appellate court ruled that the contractor’s actions in connection with the...

Federal: Court Forced to Choose Between Conflicting State Versions of Exclusive Remedy Rule

Noting that a federal court sitting in diversity must apply the choice-of-law rules of the state in which it sits—here that of Mississippi—a federal district court held that an injured employee of a subcontractor could not sue the general contractor on a construction project for alleged negligence...