Federal law – Preemption of state law – Longshore and Harbor Workers' Compensation Act, Section 901 et seq., Title 33, U.S.Code – Federal act preempts Ohio common-law action for employer intentional tort based on substantial certainty – Ohio common-law intentional tort based on substantial certainty poses obstacle to accomplishment and execution of full purposes of federal act.
The U.S. Supreme Court will decide whether the federal government is immune from tort liability for the alleged sexual assault of a prison inmate by correctional officers that occurred outside the scope of an arrest, search or seizure. The Court will review a 3rd Circuit decision limiting the Federal Tort Claims Act's waiver of sovereign immunity for intentional torts committed by law enforcement officers.
Torts Employer intentional torts R.C. 2745.01 R.C. 2745.01 does not violate rights to trial by jury, to a remedy, to open courts, to due course of law, or to equal protection under Ohio Constitution R.C. 2745.01 does not violate separation of powers R.C. 2745.01 does not conflict with legislative authority granted by Section 34 or 35, Article II, Ohio Constitution R.C. 2745.01 does not eliminate common-law cause of action of employer intentional tort.
The courts refer to the law shielding employers from additional liability related to a workers' compensation claim as the industrial bargain. The workers' compensation system is generally considered the exclusive remedy for workers' compensation disputes. But the Oklahoma Supreme Court has identified one means for piercing the employer's shield from liability: the intentional tort theory. Citing the industrial bargain law, the District Court of Tulsa County and the Court of Civil Appeals had granted summary judgment to two companies - Graebel-Oklahoma Movers Inc. and Central City Mobile Services Inc. - when they were sued by an injured employee.
Choice of law, summary judgment, common law employer intentional tort; products liability; R.C. 2307.25; risk benefit analysis.
The intentional infliction of emotional distress (IIED), also known as the tort of outrage, is a relatively new cause of action, first appearing in the legal academic literature during the 1930s. Since that time, IIED has gained widespread acceptance and is now recognized in all US jurisdictions, with most courts invoking the definition set forth in the Restatement (Second) of Torts. Despite this general acceptance of the tort, courts routinely assert that IIED is a disfavored cause of action. Courts appear wary of holding defendants liable for plaintiffs' emotional injuries and therefore seek to discourage such claims. To explain the conflicting IIED jurisprudence, this note traces the emergence and evolution of IIED in the American legal system. This note concludes with a corollary pr...
C. 4123.54(G) is not a choice of law statute for an out of state resident working for an out of state employer who is employed in Ohio on a one day assignment; Restatement dictates choice of law; Ohio recognizes employer intentional tort; Pennsylvania does not allow employer intentional torts; Summary judgment; No sufficient evidence to show duty of alleged third party tortfeasor.
summary judgment in favor of employer was improper; employer intentional tort claim; R.C. 2745.01, which codifies employer intentional tort is unconstitutional under Sections 34 and 35, Article II of the Ohio Constitution; term "substantially certain" as defined in R.C> 2745.01 requires an inuured employee to show that employer acted withtheintento to injure; genuine issues of material fact exist under the common-law employer intentional tort test set out in Fyffe v. Jeno's, Inc. (1991), 59 Ohio St.3d 115, 570 N.E.2d 1108.
... Federal District Court under the Federal Tort ClaimsAct, 28 U. S. C. §§1346(b), 2671-2680 ..., including those based on certain intentional tortscommitted by federal law enforcement officers...
Insurance - Insurer found guilty of bad faith with actual malice in failing to settle a tort case against its insured - Such conduct does not constitute the type of intentional tort that is uninsurable under Ohio law.
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