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Negligence: Power Line Accident-Independent Contractor-Strict Liability
Where a plaintiff, who was injured working on high-voltage power lines, brought claims including negligence and strict liability against the electric cooperative defendant, the plaintiff’s employer was an independent contractor, and the defendant did not exercise the type of control over the plaintiff’s work to support liability, so the judgment is affirmed because North Dakota […]
Contracts: Independent Contractor-Lien Rights-Construction Lien
Where a manager hired by an oil company to manage and expand its business filed a constriction-lien statement when he left the company and a subsequent lawsuit alleging claims that included breach of contract, fraud, promissory estoppel and unjust enrichment, the district court properly found that the manager was an employee, rather than an independent […]
Torts: Fair Labor Standards Act-Standing-Independent Contractor
Where a plaintiff sued his former employer claiming that he was terminated in violation of the Fair Labor Standards Act and Minnesota Whistleblower Act as retaliation for his legal action against the company, summary judgment for the defendants is affirmed because the defendants put forth the plaintiff’s lack of productivity as a legitimate, non-retaliatory […]
Negligence: Personal Injury-Faulty Stairs-Independent Contractor
Where a truck driver, who was injured in a fall from a faulty stairway while checking water levels in the defendant’s holding tanks, challenged the dismissal of his personal-injury action, the truck driver worked for an independent contractor employed by the defendant, and the contract between the defendant and the independent contractor placed the […]
Contracts : Non-Compete Provision – Enforceability – Independent Contractor
Ag Spectrum Company v. Elder (MLW No. 70856/Case No. 16-3113 – 9 pages) (U.S. Court of Appeals, 8th Circuit, Smith, J.)
Employer – Employee : Wrongful Discharge – Public Policy – Independent Contractor
Bishop & Associates, LLC v. Ameren Corporation (MLW No. 70705/Case No. SC95658 – 17 pages) (Supreme Court of Missouri, Breckenridge, J.; Fischer, Stith, Draper, Wilson and Russell, JJ., concur. Powell, J., not participating)
Negligence : Premises Liability – Duty Of Care – Independent Contractor
Woodall v. Christian Hospital NE-NW (MLW No. 68245/Case No. ED101777 – 18 pages) (Missouri Court of Appeals, Eastern District, Clayton III, J.)
Negligence : Comparative Fault – Independent Contractor – Remedial Measures
Key v. Diamond International Trucks (MLW No. 67378/Case No. WD77323 – 15 pages) (Missouri Court of Appeals, Western District, Welsh, J.)
Employer – Employee : Professional Contract – Independent Contractor – FMLA Claim
Alexander v. Avera St. Luke’s Hospital (MLW No. 66983/Case No. 13-2592 – 13 pages) (U.S. Court of Appeals, 8th Circuit, Loken, J.)
Negligence : Duty – Independent Contractor – OSHA Safety Violations
Pinson v. 45 Development, LLC (MLW No. 66635/Case No. 13-3327 – 9 pages) (U.S. Court of Appeals, 8th Circuit, Murphy, J.)
Civil Practice: Spam Email – Vicarious Liability – Independent Contractor
Kramer v. Cash Link Systems (MLW No. 65042/Case No. 12-1956 – 9 pages) (U.S. Court of Appeals, 8th Circuit, Colloton, J.)
Civil Rights: Discrimination – Independent Contractor – Control
Glascock v. Linn County Emergency Medicine (MLW No. 64330/Case No. 12-1311 – 6 pages) (U.S. Court of Appeals, 8th Circuit, Murphy, J.)
Latest Opinion Digests
- Criminal Law: Child Abuse-Sufficiency Of Evidence-Closing Argument
- Civil Rights: Religious Freedom-RLUIPA-Res Judicata
- Civil Practice: Res Judicata-Stop Work Order
- Immigration: Drug Conviction-Removability-Overbreadth of State Offense
- Civil Practice: Asset Forfeiture-Sanctions
- Civil Rights: Due Process-Failure to State Claim
- Probate : Revocable Trust – Amendment – Reformation
- Employer – Employee : Unpaid Commissions – At-Will Status
- Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Conflict Of Interest
- Appellate Practice : Jurisdiction – Final Judgment
- Domestic Relations : Parenting Plan – Child Support
- Criminal Law : Post-Conviction Relief – Guilty Plea – Sentence Advice
Top stories
- New accommodation rights for pregnant workers offer broad protections
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- Russell reflects on change as women take charge of Missouri’s legal system
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- Big improvements for Missouri bar takers | List of bar passers
- Athena Dickson named vice-president of Missouri Bar
- Legal Limelight: Bill Bay, Partner, Thompson Coburn, St. Louis
- NIL new to college world, but not novel
