Assault

News & Analysis as of

Divisional Court Applies Supreme Court’s Guidance on Preferability and Certifies Claim Against Religious Boarding School

In Cavanaugh v. Grenville Christian College (“Cavanaugh”), a group of former students from an Anglican boarding school have alleged that they were subjected to systemic physical and psychological abuse to promote and...more

Case Alert: Employer not liable for customer assault

In Mohamud v WM Morrison Supermarkets plc, the Court of Appeal decided that the employer was not vicariously liable for an employee’s assault on a customer. The fact that the employee was given exposure to customers as part...more

Backhoe Operator Swings Worker Around “Four Full Rotations”, Convicted Of Criminal Assault

In a bizarre case, a backhoe operator has been convicted of assault under the Criminal Code after he tried, in a fit of rage, to throw a co-worker off the backhoe by rotating the machine four full rotations while the worker...more

President Obama Launches Task Force on Campus Sexual Assaults

On January 22, 2014, President Obama announced the creation of a Task Force to Protect Students From Sexual Assault. The Task Force was announced in conjunction with the release of a report on rape and sexual assault from the...more

President Obama Establishes Task Force To Focus on Campus Sexual Assaults

In a memorandum issued earlier this week, President Obama announced the formation of an interagency task force to address incidents of rape and sexual assault at colleges and universities. Citing “uneven” compliance with...more

When Santa Is Naughty, Does He Give Himself a Lump of Coal?

If so, then Santa should be giving himself a nice chunk of West Virginia’s finest to burn in his stove this Christmas. According the Associated Press, recently, at a mall in Hingham, Massachusetts, Santa was barred from the...more

Expansion of Employment Protections for Employees Who Are Crime Victims, Including Obligations to Provide Reasonable...

Existing laws prohibit an employer from discharging, discriminating, or retaliating against an employee who is a victim of domestic violence or sexual assault for taking time off from work in connection with court proceedings...more

Attack On Co-Worker Who Warned Of Unsafe Behaviour Gets Employee 4 Years In Prison

An employee who attacked a coworker who warned of safety issues, has been sent to prison for four years. CBC News reported that the employee was training a coworker on the use of heavy equipment, and that after the...more

In Fear Of Your Life

Out for a sunny ride on a lazy Sunday afternoon Izzy Skeerd and his family suddenly found themselves surrounded by motorcycles in front, behind and on either side of their sport utility vehicle. One motorcyclist was wearing a...more

Weekly Law Resume - October 2013: Insurance Coverage – Bad Faith - Unfair Claim Act Cause of Action

Mt. Vernon Fire Ins. Corp. v. Oxnard Hospitality Enterprise, Inc., et al. - Court of Appeal, Second District (September 16, 2013) - Commercial liability policies for entertainment businesses often contain an...more

Performance Evaluations Support Negligent Supervision and Retention Claim Against University Employer, Says Court

In Wilkerson v. Duke University and Christopher Day, plaintiff sued Duke and Day for a laundry list of civil torts including false imprisonment, infliction of emotional distress, assault, battery and negligent supervision and...more

What To Do If You Are Assaulted On Someone Else’s Property

If you are walking back to your car after shopping at the mall and are mugged in the parking lot, you may be surprised to realize that you can sue the owner of the mall. You may also be able to sue your attacker....more

Florida High Court to Tackle Duty Owed By Person Who Facilitates Attack on Third-Party

On April 23, 2013, the Florida Supreme Court accepted review of a case involving the issue of whether a person in an altercation with another person owes that other person a duty of care when he blocks his means of escape,...more

By The Book - August 2013: Clery Act Update and the Campus SaVE Act

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (commonly referred to as the “Clery Act”), 20 U.S.C. § 1092(f), was named after a 19-year old freshman at Lehigh University who was raped...more

The Most Common Forms of Assault

While the stars of The Real Housewives series are no strangers to catfights, three New Jersey cast members recently took things to a new level and were each charged with assault after a bloody brawl last April. Fights like...more

New Jersey SAFE Act Becomes Law

New Jersey grants the right to take leave from work to victims of domestic violence and their family members. On July 17, Governor Chris Christie signed into law the New Jersey Security and Financial Empowerment Act...more

New Jersey Law Requires Covered Employers to Provide Domestic Violence Leave

On July 17, 2013, Governor Chris Christie signed into law the New Jersey Security and Financial Empowerment Act (NJ SAFE Act). New Jersey joins 15 states, the District of Columbia, and a handful of local governments in...more

Florida Court Holds Assault and Battery Exclusion Applicable to Negligence Claims

In its recent decision in Tower Ins. Co. of New York v. Blocker, 2013 U.S. Dist. LEXIS 98296 (M.D. Fla. July 15, 2013), the United States District Court for the Middle District of Florida had occasion to consider the scope...more

Maine Federal Court Holds Assault and Battery Exclusion Applicable

In its recent decision in Iasbarrone v. First Financial Ins. Co., 2013 U.S. Dist. LEXIS 86605 (D. Maine June 20, 2013), the United States District Court for the District of Maine had occasion to consider the scope of an...more

Short Wins - Assault On An Officer And The Ex Post Facto Clause

There were three wins in the federal circuits last week, discussed below. The most interesting is probably United States v. Zabawa which gives a fair shake at sentencing to someone who assaulted an officer (who headbutted...more

Climbing Everest And Your Compliance Process

What is your compliance process? I thought about that question when I read an article in this month’s National Geographic Magazine entitled “Maxed Out on Everest” by Mark Jenkins....more

Employer Bellagio Sued by Blackjack Dealer for Attack

The Bellagio blackjack dealer whose face was slashed just before Christmas this past year filed a lawsuit this week against her employer and her jailed attacker, according to theLas Vegas RJ today (2/26/13). The newspaper...more

The "Teachers' Defence": Section 43 in the Modern World

Originally published in Leadership Update, Volume 9 - Number 3. An increasing number of teachers are being criminally charged with assault in Alberta. Sometimes these allegations are exaggerated or maliciously brought...more

Can I Sue For Injuries I Sustain During An Assault?

Individuals who perform criminal acts potentially face two types of prosecution. (Is this the best word? Or might it be confusing to the lay person?) Regardless of the type of offense, they can deal with criminal charges,...more

Teacher’s Retaliation Suit Against School District For Exercising Right of Free Speech Involved a Matter of Public Concern

In Gschwind v. Heiden, the Seventh Circuit Court of Appeals found that the dismissal of a teacher’s suit against a school district for retaliation for exercising free speech rights involved a matter of public concern and,...more

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