Assault

News & Analysis as of

Criminal Conduct & Sports: Luis Suarez - World Class Biter

Last year, Suarez, while playing for Liverpool, was suspended for 10 games for biting a Chelsea player. Suarez issued a public apology and paid a fine. British Prime Minister, David Cameron, stated that Suarez’s conduct set...more

Texas Supreme Court weekly orders (6/14)

In its order list for June 20, 2014, the Texas Supreme Court issued opinions in eight cases and granted review in one case. In this post, I will summarize the opinions in four cases, and also describe the case in which the...more

Judge the Fighting Judge - How Would You Rule?

On June 2, 2014, a fight broke out in the hallway of a Brevard Country, Florida courtroom. The fight was between an assistant public defender and the presiding Judge, Retired Army Reserve Colonel, John Murphy, who threatened...more

Health Alert (Australia) - June 16, 2014

In This Issue: Judgments; Legislation; and Reports. - Except from Judgments: New South Wales - 12 June 2014 - Rosten v Mid North Coast Local Health District [2014] NSWIRComm 29 - This was...more

Threat, assault on supervisor were just cause for dismissal at isolated mine in NWT with “zero tolerance” violence policy

An employee at an isolated camp in the Northwest Territories who assaulted and threatened his supervisor was dismissed for just cause, an adjudicator has decided. The employee was an equipment operator at a mine site....more

Brevard Judge Accused of Punching Public Defender

When Assistant Public Defender Andrew Weinstock entered the courtroom yesterday, he may have been prepared to exchange some verbal blows if needed with Judge John Murphy, but probably not the physical kind. In a showdown not...more

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

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

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

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