Porter v. Nowak

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that, “by the very act of continuing in employment, [the employee] may be assumed to agree” to the LHWCA’s trade-off (emphasis added)
• stating that the traditional borrowed-servant doctrine, with its emphasis on control, “should not be applied blindly” to the LHWCA context, that is, “in circumstances in which it did not evolve”
• stating that, “by the very act of continuing in employment, [the employee] may be assumed to agree” to the LHWCA’s trade-off (emphasis added)
• holding, despite contractual language, that “sufficient basic factual ingredients are undisputed to warrant the entry of summary judgment”
• stating that the two plaintiffs were borrowed servants because, in addition to evidence of their consent, each undisputedly was subject to their principal's control and direction while performing the principal's work
• explaining that the borrowed-servant doctrine enables courts to hold the proper principal vicariously liable, as an employer, for the torts of an employee under the principle of respondeat superior

Source: CourtListener parenthetical corpus (CC0).