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independent contractor

Jan 27, 2020

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 […]

Jul 15, 2019

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 […]

Apr 1, 2019

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 […]

Mar 4, 2019

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 […]

Aug 9, 2017

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.)

Jun 30, 2017

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)

Aug 25, 2015

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.)

Jan 28, 2015

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.)

Sep 30, 2014

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.)

Jul 17, 2014

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.)

Jun 1, 2013

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.)

Nov 7, 2012

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.)

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