LexisNexis® Legal Newsroom
Arkansas: Former Employee’s Attempt to Cure Untimely Filing of Claim With Separate Filing of Civil Action Was Unsuccessful

In a split decision, the Supreme Court of Arkansas recently issued a writ of prohibition in a civil action filed by a former employee against his former employer for damages associated with his bladder cancer that he contended arose from exposure to harmful elements within the workplace. The employee...

California: In-Home Caregivers May Not Sue Unruly Alzheimer’s Patients in Tort; Sole Remedy is Workers’ Compensation

The Supreme Court of California, in a split decision, held that in-home caregivers may not maintain civil actions against their Alzheimer’s patients if, because of the sometimes unruly nature of the patients, the caregiver is assaulted and injured in the course of the employment. Acknowledging...

California: Correctional Officer’s Premises Liability Suit Might Be Barred by Bunkhouse Rule

In a premises liability suit brought against the state by a correctional officer, a California appellate court held it was error for a trial court to grant summary judgment to the state on the basis of the “premises line” exception to the going and coming rule. The officer fell on an allegedly...

Federal: Employee Terrorized in “Active Shooter Drill” May Sue Employer in Tort

Allegations by a nursing home employee that her employer secretly arranged an “active shooter drill” in which an on-duty Carbondale, CO police officer posed as a “gunman,” that the officer burst into the work area and held the plaintiff-employee hostage at gunpoint as she cried...

Federal: Employee’s Civil Action for Damages Associated With Radioactive Dust May Proceed

Allegations that an employer knew of the risks and dangers of encountering failed radioactive fuel plates when it ordered an employee to repackage and/or continue the repackaging process, that it failed to warn the employee of the dangers, failed to follow federal safety regulations, and intentionally...

Federal: Leased Employee May Not Sue Leasing “Employer”

Where corporation A supplied licensed truck drivers to corporation B—an affiliated entity—under a three-year agreement under which the drivers worked at B’s facilities, but remained employees of A, who paid the drivers their wages and taxes, and retained total control over labor negotiations...