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Predictions are Hard - Independent Negligence Lives

Just when it seemed like one could safely predict the future (of independent negligence claims against employers), a court flips the script. Not so Judge Dick in the MDLA. She granted two partial summary judgments dismissing independent negligence claims in Moats v. Knight Specialty Ins. Co., MDLA # 3:20-cv-00083; and Watlington v. Knight Global Trucking, LLC, MDLA # 3:19-cv-00553. But, in the Western District, Judge Cain "declined to follow the Erie guess made by other federal district courts," as well as the judgments of Louisiana state trial and appellate courts. Moreaux v. Clear Blue Ins. Co., WDLA # 2:18-cv-01255.

Posted: March 11, 2021