LexisNexis® Legal Newsroom
Illinois: “Dual Capacity/Persona” Tort Action Against Morgan Stanley Fails

Applying the state’s two-prong test to determine if the “dual capacity doctrine” could be utilized as an exception to the exclusive remedy provisions of the Illinois Workers’ Compensation Act, a state appellate court recently held that the surviving spouse of a deceased Morgan...

Federal: Hospital Employee, Injured in Slip & Fall While Visiting Newborn Daughter, May Sue Employer in Tort

Construing Massachusetts law, a federal district court recently denied an employer’s motion for summary judgment in a negligence action filed against the employer—a medical center—by an employee who slipped and fell on a wet floor in the medical center’s Neonatal Intensive Care...

North Carolina: Employee’s Tort Action Against Plant Nurses Fails Because of Exclusive Remedy Defense

The Court of Appeals of North Carolina affirmed a dismissal of a plaintiff-employee’s medical malpractice action against two registered nurses who were employed at a packing company’s medical clinic where it appeared the plaintiff was also a packing company employee and she had sought treatment...