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Where an employee was killed in a trench collapse accident, his estate could not maintain an intentional tort action against the employer where the evidence indicated the employer ceased all work on the trench when the employer's supervisors became...

Texas Civil Rights Project, Aug. 19, 2019 "Contact: media@texascivilrightsproject.org Read the Original Complaint here. McAllen, Texas — The Texas Civil Rights Project and the Escamilla Law Firm filed a lawsuit against the federal government...

Where an Idaho employee sustained fatal injuries when the exposed driveshaft of her employer’s “picking table" caught her hair and pulled her into the machine, her family could not maintain a wrongful death action against the employer;...

WEST PALM BEACH, Fla. - (Mealey's) A Florida appeals court conditionally struck $5 million in punitive damages from a tobacco wrongful death suit June 12 and directed a trial judge to grant remittitur on $15 million in survivors' consortium claims...

WEST PALM BEACH, Fla. — (Mealey’s) A Florida appeals court vacated $50,000 in punitive damages in a smoking wrongful death case Aug. 14, but allowed a compensatory damages award of approximately $957,000 to stand ( R.J. Reynolds Tobacco Company...

Larson's Spotlight on Exclusive Remedy, Fraud, Forfeiture of Future Disability Rights, and Extraordinary and Unusual. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's...

Larson's Spotlight on Company Truck and Employee Travel, Wrongful Death, Minimal Income, and Retaliatory Discharge. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's...

Construing the state’s intentional tort exception to exclusivity, an Ohio appellate court recently affirmed a trial court’s order grant summary judgment to an employer in a civil action filed by the widow of a deceased worker killed when scaffolding...

Larson's Spotlight on Non-Dependent Spouse and Death Benefits, Fraud and Surveillance Video, Tort Action Against Sole Proprietor, and Statute of Limitations for PTSD Claim. Larson's surveys the latest case developments that you need to know about...

An uninsured employer could be sued for wrongful death because claimant's worker's compensation settlement against a statutory employer was not an election of remedies, according to the Missouri Supreme Court in Lewis, etal, v. Gilmore, etal,...

An employee of a funeral home drove a company van to a bar, he became intoxicated, and then he died in an accident on the way home. The court of appeals reversed a dismissal of the wrongful death claim from the minor child and surviving spouse against...

Many Missouri employees have been dragged in court recently regarding workplace injuries following a landmark 2010 case Robinson v Hooker , 323 S.W.3d 418 (Mo. App. W.D. 2010), which concluded the exclusive remedy of the Missouri workers’ compensation...

Larson's Spotlight on Tort Action Against Uninsured Employer, Illegal Aliens, Benefits for Old Workers, and Non-Dependent Spouse. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for...

An Arkansas appellate court held that the state’s Workers’ Compensation Commission did not err when it determined that a deceased worker was the defendant-company’s “special” employee since, at the time of the worker’s...

The Supreme Court of Virginia affirmed the dismissal of a widow’s wrongful death action filed against the chief of police of the City of Norfolk and other police officials following the death of her husband, who died after receiving several blows...