News & Analysis as of

Summary Judgment Independent Contractors

Marshall Dennehey

Florida Court Holds Uber is Not Vicariously Liable for Driver’s Negligence in Fatal Accident

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Campo v. Uber Technologies, Inc., 2025 WL 15388 (Fla. 3d DCA 2025) - Florida’s Third District Court of Appeals affirmed summary judgment for Uber Technologies, Inc. and affiliated defendants (collectively Uber), holding Uber...more

Gordon Rees Scully Mansukhani

Construction Law Update - First Quarter 2025

GRSM’s Construction Group is pleased to publish the latest issue of our Construction Law Update, a quarterly take on trends of interest to design professionals, contractors, and developers throughout the country....more

Poyner Spruill LLP

Third Circuit Finds “Modicum” of Control Insufficient to Create Employment Relationship

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In order to state a claim for discrimination under Title VII of the Civil Rights Act of 1964 (Title VII), a plaintiff must first demonstrate that he or she had an employment relationship with the defendant.  Although various...more

Epstein Becker & Green

Massachusetts District Court Applies “But-For Causation” Standard, Dismisses AKS-Based FCA Case After Evaluating Facts and...

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On January 6, 2025, the U.S. District Court for the District of Massachusetts granted a defendant laboratory’s motion for summary judgment in a False Claims Act (FCA)/Anti-Kickback Statute (AKS) case brought by a physician...more

Amundsen Davis LLC

7th Circuit Again Upholds Preemption of Negligent Hiring Claims Against a Freight Broker

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The Seventh Circuit Court of Appeals recently issued another important ruling for brokers, upholding that a claim for negligent hiring against a freight broker was preempted by the Federal Aviation Administration...more

Katten Muchin Rosenman LLP

Hydrochloric Acid, Sewage Backup, and the Use of Independent Contractors

A federal court in West Virginia has ruled – in case you had any doubts – that using an independent contractor to transport your product may not protect you from the exposure when 1,728 gallons of your hydrochloric acid...more

Parker Poe Adams & Bernstein LLP

The Latest Major Developments in NC and SC Business Litigation

Employers in South Carolina faced with litigation might have an easier time winning motions for summary judgment, noncompete agreements remain in the crosshairs, and the North Carolina Supreme Court offered some rare how-to...more

Rosenberg Martin Greenberg LLP

The Justices of the Supreme Court of Pennsylvania Disagree as to What Section 385 of the Restatement (Second) of Torts Means

By: William L. Hallam The American Law Institute, a group of prominent judges, lawyers, and professors, publishes the Restatements of the Law.  According to Brooklyn Law School, “The drafting process of the Restatements is...more

Proskauer - California Employment Law

Hirer Of Independent Contractor Is Not Liable For Injury To Contractor’s Employee

Miller v. Roseville Lodge No. 1293, 83 Cal. App. 5th 825 (2022) - Roseville Lodge No. 1293, Loyal Order of Moose, Inc., hired Charlie Gelatini to move an ATM on its premises. Ricky Lee Miller, Jr., who worked for Gelatini...more

Proskauer - New Media & Technology

Court Finds hiQ Breached LinkedIn’s Terms Prohibiting Scraping, but in Mixed Ruling, Declines to Grant Summary Judgment to Either...

On November 4, 2022, a California district court took up the parties cross-motions for summary judgment in the long-running scraping litigation involving social media site LinkedIn Corp.’s (“LinkedIn”) challenge to data...more

Foley & Lardner LLP

Franchisor Victorious in Employment Misclassification Case

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A federal court in Massachusetts granted summary judgment in favor of a franchisor in a long-running case against its franchisees. In Patel et al. v. 7-Eleven, Inc., five 7-Eleven store owners brought suit claiming 7-Eleven...more

Perkins Coie

Rare Employer Victory in CA Misclassification Case

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A unanimous three-judge panel reached a decision in the case of Bijon Hill v. Walmart. Last week, the U.S. Court of Appeals for the Ninth Circuit affirmed that Walmart classified a freelance model, Bijon Hill, as an...more

Sheppard Mullin Richter & Hampton LLP

Good Faith Dispute Over Employment Relationship Allows Walmart to Escape Waiting Time Penalties

In a recent opinion in Hill v. Walmart Inc., the Ninth Circuit affirmed summary judgment in favor of Walmart on Hill’s claim for waiting time penalties under Labor Code section 203, finding there was a good-faith dispute...more

Nelson Mullins Riley & Scarborough LLP

Massachusetts SJC Adopts Federal Standard in Determining Joint Employer Status

In a December 13, 2021 decision, the Massachusetts Supreme Judicial Court adopted a standard heretofore applied in federal court for determining joint employer status.  In Jinks v. Credico (USA) LLC, four plaintiff employees...more

Foley & Lardner LLP

The Supreme Judicial Court of Massachusetts refuses to apply the “ABC” test to determine the existence of a joint employment...

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In a recent ruling, Jinks v. Credico (USA) LLC, 177 N.E.3d 509 (Mass. 2021), three individual Plaintiffs brought suit alleging that the Defendant jointly employed them with another entity. The Massachusetts court applied a...more

Lewitt Hackman

Franchisee 101: Jani-King Franchisees Wear Many Crowns

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Past and present franchisees of commercial cleaning service franchisor, Jani-King, brought claims for violation of Connecticut minimum wage and anti-kickback laws, and unjust enrichment. They claimed Jani-King misclassified...more

McDermott Will & Emery

Oh the Horror: No Work for Hire in Friday the 13th Screenplay

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The US Court of Appeals for the Second Circuit affirmed a summary judgment grant, ruling that an author was an independent contractor when writing the screenplay for a horror film and entitled to authorship rights, and...more

Jackson Lewis P.C.

Ohio Decision Highlights Importance Of Business Protection Agreements With Independent Contractors

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Just as the distinction between an individual’s status as independent contractor versus employee can have serious ramifications for wage, tax, and other legal issues, the same can be true for claims relating to unfair...more

Husch Blackwell LLP

Fourth Circuit Affirms Summary Judgment Based On North Carolina Independent Contractor Exception

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The Fourth Circuit recently held that a premises owner in an asbestos case was not liable to a pipefitter based on insufficient evidence of exposure and the independent contractor exception to landowner liability...more

Rivkin Radler LLP

Insurance Update - March 2021

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In our March Insurance Update, we discuss four state supreme court cases and four cybercrime cases. The state high courts address: •From whose perspective should a consent-to-settle provision be judged? •What standard...more

McGlinchey Stafford

The Bullet Point: An Ohio Commercial Law Bulletin: Do I Have An Enforceable Contract?

McGlinchey Stafford on

Contract Interpretation McCruter v. Travelers Home & Marine Ins. Co., 11th Dist. Lake No. 2019-L-167, 2021-Ohio-472- In this appeal, the Eleventh Appellate District affirmed in part and reversed in part the lower court’s...more

Burr & Forman

Construction & Real Estate E-Note - January 2021

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Resources - Florida Supreme Court Amends Summary Judgment Procedural Rule to Mirror Federal Doctrine - Florida courts have required the moving party to "conclusively disprove" the nonmovant's theory of the case in...more

Rivkin Radler LLP

New York Insurance Coverage Law Update- November 2020

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Claimants sued Waiting Room Solutions alleging various causes of action arising out of an employee placing a video camera in its women’s restroom and Waiting Room’s handling of the employee’s actions. Waiting Room’s liability...more

Foley & Lardner LLP

Federal Court Denies Class Certification of 7-Eleven Franchisees in Misclassification Suit

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A recent decision from a federal court in Massachusetts is a significant victory for franchisors who continue to face lawsuits alleging they have misclassified their franchisees as independent contractors rather than...more

Proskauer - California Employment Law

Hirer Of Independent Contractor Was Not Liable For Death Of Latter’s Employee

Horne v. Ahern Rentals, Inc., 50 Cal. App. 5th 192 (2020) - The surviving heirs of Ruben Dickerson sued Ahern Rentals, a company that leases forklifts and other heavy-duty construction vehicles to its customers....more

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