One would think it self-evident that employees who punch a customer’s employee in the face may be dismissed for just cause. But it took an appeal for an employer to win on that issue.
The employee was a truck driver...more
Governor Andrew Cuomo and the State of New York are the latest players to join the nation-wide movement to reduce the number of sexual assaults occurring at the country’s colleges and universities. On Thursday, October 2,...more
Generally speaking, human resources professionals and business executives have become quite adept at dealing with employee claims for illegal harassment. For example, just about any HR manager can provide a definition of a...more
Yesterday, the N.F.L. terminated Baltimore Ravens running back, Ray Rice . This is after video emerged of Rice punching his fiancee (now wife) and knocking her unconscious in an elevator in Atlantic City....more
Hospitals, remarkably, are one of the most hazardous places to work. According to the U.S. Bureau of Labor Statistics, hospital workers have an estimated rate of 8.3 assaults per 10,000 workers compared to an estimated 2...more
In its recent decision in Essex Ins. Co. v. Napple’s Bullpen, LLC, 2014 U.S. Dist. LEXIS 97186 (N.D. W.Va. July 17, 2014), the United States District Court for the Northern District of West Virginia had occasion to consider...more
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
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
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
In This Issue:
Judgments; Legislation; and Reports.
- Except from Judgments:
New South Wales -
12 June 2014 - Rosten v Mid North Coast Local Health District  NSWIRComm 29 -
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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