8 results for 'cat:"Employment" AND cat:"Tort" AND cat:"Negligence"'.
J. Elrod finds the district court improperly dismissed the flight attendants' injury claims as time-barred. The Texas Supreme Court answers certified questions confirming that certain civil practice and remedies code applies to invoke a prior district court’s subject matter jurisdiction with proper pleading. The code applies here where the Dallas district court dismissed the previous action for lack of jurisdiction and this second action was filed within 60 days after the flight attendants exhausted all appeals from that dismissal. Reversed.
Court: 5th Circuit, Judge: Elrod, Filed On: May 2, 2024, Case #: 22-20317, Categories: employment, tort, negligence
J. Whitney partially grants a husband and wife’s motion to alter judgment in this personal injury case against the husband’s former employer, a farm and its owner. Previously, the court ruled in favor of the husband, who had been injured on the job, and his wife, for the farm’s negligence and the wife’s loss of consortium for over $2 million. The husband and wife are correct to say they are owed post-judgment interest, which is now awarded.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: April 10, 2024, Case #: 3:22cv413, NOS: Other Personal Injury - Torts - Personal Injury, Categories: employment, tort, negligence
J. Toliver granted a motion to dismiss negligent hiring, training and retention claims made by a motorist who was hit by a tractor-trailer when it crossed over the highway centerline. The motorist did not provide evidence that the employer had failed to provide training beyond what a potential employee might be reasonably expected to know, such as the basic rules of the road. The motorist is granted leave to amend.
Court: USDC Northern District of Texas , Judge: Toliver, Filed On: April 5, 2024, Case #: 3:24cv114, NOS: Motor Vehicle - Torts - Personal Injury, Categories: employment, tort, negligence
[Consolidated.] J. Rochford finds that the lower court improperly found for Motorola on negligence claims stemming from the plaintiffs' fathers' exposure to reproductively toxic chemicals at their employment, allegedly causing their children to be born with severe birth defects. There is a genuine issue of fact as to whether Motorola's health policy actually increased its employees' risk of child birth defects, as well as the feasibility of the plaintiffs' expert's proposed recommendations as to how the company should guard against injuries to its workers' unborn children. Reversed.
Court: Illinois Appellate Court, Judge: Rochford, Filed On: February 29, 2024, Case #: 220884, Categories: employment, tort, negligence
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J. Vance grants a request by the Uber rideshare company for a stay, but not dismissal, of a passenger’s lawsuit pending arbitration of negligence claims she was run over by the driver of the hired car. A case may be dismissed in favor of arbitration only if all the issues and claims raised are subject to arbitration. The passenger’s claims against two additional litigants, the driver of the Uber and an insurance company, may be litigated without arbitration.
Court: USDC Eastern District of Louisiana , Judge: Vance, Filed On: February 21, 2024, Case #: 2:23cv1775, NOS: Motor Vehicle - Torts - Personal Injury, Categories: employment, tort, negligence