Family of Worker Killed While Fleeing Immigration Raid Not Entitled to Workers’ Compensation Benefits in North Carolina
Posted on May 6, 2014 in Litigation | Comments Off on Family of Worker Killed While Fleeing Immigration Raid Not Entitled to Workers’ Compensation Benefits in North Carolina
Earlier today, the Court of Appeals of North Carolina affirmed an administrative ruling that a worker’s surviving family was not entitled to collect workers’ compensation benefits where the worker suffered a fatal heart attack while running away from a suspected raid by the Immigration and Naturalization Service at the lumber mill in which he worked. The court explained that the North...
Union Members’ Whistleblower Claims Alleging Unsafe Work Conditions Brought Under Michigan Law Preempted by NLRA
Posted on May 6, 2014 in Investigations, Litigation, Workplace Safety | Comments Off on Union Members’ Whistleblower Claims Alleging Unsafe Work Conditions Brought Under Michigan Law Preempted by NLRA
The Supreme Court of Michigan held yesterday that union members’ claims asserted under the Michigan Whistleblowers’ Protection Act alleging retaliation for reporting of unsafe work environments are preempted by the National Labor Relations Act and must be litigated exclusively before the National Labor Relations Board. The court, however, held that claims brought under the same...
Federal Court Must Sever and Remand Jones Act Claim Without Assessing Claim’s Validity if Case Is Otherwise Removable
Posted on May 2, 2014 in Energy/Environmental, Litigation, Workplace Safety | Comments Off on Federal Court Must Sever and Remand Jones Act Claim Without Assessing Claim’s Validity if Case Is Otherwise Removable
If a case is properly removable to federal court notwithstanding the presence of a Jones Act claim, the Jones Act claim should be severed and remanded to the state court without an independent analysis of the claim’s merit, the U.S. District Court for the Eastern District of Louisiana held yesterday. In 1993, the Fifth Circuit explained in Lackey v. Atlantic Richfield Co. that if a...
Facility Owner’s Demand for Insurance Coverage from Common Carrier To Defend Case Against Carrier’s Injured Employee Allowed To Proceed
Posted on May 1, 2014 in Litigation, Transportation | Comments Off on Facility Owner’s Demand for Insurance Coverage from Common Carrier To Defend Case Against Carrier’s Injured Employee Allowed To Proceed
In an underlying suit, a worker alleged negligence against the owner of a facility to which he was making a delivery when he was injured. In turn, the facility owner sued the worker’s employer, a common carrier, asserting that the carrier had breached its duty to defend and indemnify under a Contract Carriage Agreement. The U.S. District Court for the Western District of Kentucky...
Eleventh Circuit Agrees with District Court that $4.35 Million Settlement Cannot Be Enforced Against Insurer
Posted on Apr 25, 2014 in Construction, Litigation | Comments Off on Eleventh Circuit Agrees with District Court that $4.35 Million Settlement Cannot Be Enforced Against Insurer
Working for a subcontractor of a project’s general contractor, a worker fell off a ladder and died as a result of his injuries. His estate brought a wrongful death suit against several defendants including the general contractor. The general contractor claimed that its insurer under a commercial general liability insurance policy had a duty to defend and indemnify the suit. The...
Mississippi Appellate Court Reverses Dismissal of Workers’ Claims Where Lower Court Relied on Evidence Outside Pleadings Without Converting Motion To Dismiss Into Motion for Summary Judgment
Posted on Apr 23, 2014 in Investigations, Litigation | Comments Off on Mississippi Appellate Court Reverses Dismissal of Workers’ Claims Where Lower Court Relied on Evidence Outside Pleadings Without Converting Motion To Dismiss Into Motion for Summary Judgment
Following an employee’s death in an explosion at his workplace, the employee’s estate filed suit against the worker’s employer, alleging that it “willfully, recklessly, egregiously[,] and intentionally” failed to provide a safe working environment, “with an intent to injure.” The estate also sued the employer’s parent corporation, alleging that it failed to supervise its subsidiary. ...
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