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Court ponders gov’t immunity for prison guard assault (access required)

By: Kimberly Atkins
Published: February 20, 2013

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WASHINGTON – The justices of the U.S. Supreme Court heard oral arguments Tuesday in an unusual tort case against the government, in which the government agreed that it was liable.

But the Court still considered both sides of the argument over whether prison guards are immune from intentional tort liability.

Justices tackle puzzling law in medical battery case (access required)

By: Kimberly Atkins
Published: January 15, 2013

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WASHINGTON – Attempts to sort out the meaning of a confusing and oddly worded statute to determine whether a Navy surgeon is immune from liability for allegedly performing eye surgery without obtaining consent left the justices of the U.S. Supreme Court bleary-eyed.

Benchmarks: Worker has intentional tort claim for toxic exposure (access required)

By: Pat Murphy
Published: November 19, 2012

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An Oklahoma power plant worker has overcome the typically insurmountable hurdle of workers’ comp exclusivity, getting the green light to pursue an intentional tort claim against his employer for exposure to toxic fly ash.

Charitable immunity doesn’t bar sex abuse suit (access required)

By: Pat Murphy
Published: July 13, 2009

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The charitable immunity doctrine doesn’t bar an intentional tort suit against a church leader relating to the sexual abuse of a child by a priest, the Maine’s highest court has ruled in reversing a summary judgment.

Worker exposed to toxic gas can sue (access required)

By: Reni Gertner
Published: March 16, 2009

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A refinery worker who was exposed to a toxic cloud while performing her duties can sue her employer in tort, the Utah Supreme Court has ruled in reversing a dismissal.

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