In a case I briefed and argued in January, the Michigan Supreme Court today issued a 4-3 decision, reversing a published Court of Appeals decision and overruled the 1996 decision of Champion v Nationwide Security Inc, 450 Mich 702 (1996). That case held that an employer was strictly liable for the intentional, criminal acts of his employee under Michigan’s Civil Rights Act. In Hamed, the Court held that the common-law rule that an employer was not liable for the intentional and unforeseeable criminal acts of his employee was not abrogated by the Civil Rights Act. This case will have major impact on businesses, employers and governmental entities in addressing future litigation.
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