The Second Department restored Labor Law §§ 200 and 240(1) claims because defendants’ late cross-motion did not address nearly identical issues raised by a timely motion.
A divided published decision reversed partial summary judgment. No implied contract of hire existed between the worker and Johnson Concrete, so neither special-employment doctrine applied. The site operator could not claim exclusivity without the burdens and evidence of an employment relationship, and the civil case could proceed.
The published decision affirmed denial of dismissal. Intent for assault and battery concerns the unwanted contact or apprehension, not an intent to produce the precise resulting injury. Because the complaint alleged an intentional strike, the Pleasant exception to workers’ compensation exclusivity applied despite the negligence label.
Case Tonia Smith v. Des Moines Water Works Court Iowa Court of Appeals Judge Greer, P.J.; Ahlers, J.; Sandy, J.
Case Classic Design & Construction LLC v. Employment Department and Douglas P. Bailey Court Oregon Court of Appeals Judge Lagesen,
Case Curtis Pronk v. City of Rochester; Erik Kerska; Vance Swisher; Linda Hillenbrand, individually and in their official capacities Court
Case La Redoute SAS v. Ms. [U] [J] and France Travail Court Court of Cassation, Social Chamber (France) Date Decided
Case Association Institut supérieur de commerce [Localité 1] v. Mr. [T] [N] Court Court of Cassation (France), Social Chamber Date
Case Reuven Nanikashvili v. National Labor Court and Stanislav Adamovich Court Supreme Court of Israel, sitting as the High Court
Case Poten & Partners Pte Ltd v Lee Won Sang Court General Division of the High Court of Singapore Judge
The Second District held that unpaid leave reasonably accommodated a teacher’s religious objection to a COVID-19 vaccine mandate where in-person work posed an undue hardship.
Case F, H and O v. Public Prosecutor and Civil Parties Court Court of Cassation, Criminal Chamber (France) Date Decided
Case Sech Finance Pty Limited v RAMS Financial Group Pty Limited (Initial Trial) Court Federal Court of Australia (Australia) Judge
The Southern District held that Rule 41(a)(1) made the dismissal effective without a court order because the defendant had not served an answer or summary-judgment motion.
Case Jonas Beatty v. Rigid Constructors, LLC, Cody Fortier, Russ Settoon, and ABC Company Court Louisiana Court of Appeal, First
Case Craig Peed v. Essential Staffing, Inc. Court Supreme Court of the State of Delaware Judge Collins J. Seitz, Jr.,
Case XYZ v Birmingham City Council Court Employment Appeal Tribunal (United Kingdom) Judge HIS HONOUR JUDGE FEENY (The Lady Chief
Doe v. Wells Fargo: Employer Strict Liability Requires the Harasser to Supervise the Victim.
Chin v. DoorDash: Employee Waived EFAA Protection by Withholding Known Harassment Claim.
Schmidt v. City of Pasadena: PREP Act Immunizes Workplace COVID Testing and Mask Policy.
The Eastern District limited pre-certification employment discovery to the two facilities where the named plaintiff worked because she offered no evidence of statewide violations.
Case Chan v British Columbia (Workers Compensation Appeal Tribunal) Court Court of Appeal for British Columbia (Canada) Judge David A.
Case Hammer Metals Limited, in the matter of Hammer Metals Limited Court Federal Court of Australia Judge Simon Jackson (appointment
Case State of New South Wales v KW (Final) Court Supreme Court of New South Wales (Australia) Judge Richardson J