News & Analysis as of

Intentional Torts

Massachusetts Court Holds Upholds Exclusion Applicable to Personal and Advertising Injury

In its recent decision in National Union Fire Ins. Co. v. Town of Norwood, 2017 U.S. Dist. LEXIS 116638 (D. Mass. July 26, 2017), the United States District Court for the District of Massachusetts had occasion to consider the...more

Court Grants Motion for Terminating Sanctions Against Defendants for Intentional Spoliation: eDiscovery Case Law

by CloudNine on

In Omnigen Research et. al. v. Wang et. al., No. 16-00268 (D. Oregon, May 23, 2017), Oregon District Judge Michael J. McShane granted the plaintiffs’ Motion for Terminating Spoliation Sanctions and agreed to issue an Order of...more

Blockchain Week in Review - April 2017 #1

by Perkins Coie on

Below is a summary of some of the significant legal and regulatory actions that occurred over the past week. This alert is not intended to be a comprehensive list of all such developments, but rather a selection of...more

Was Spoliation Intentional? Court Will Let Jury Decide: eDiscovery Case Law

by CloudNine on

In Cahill v. Dart, No. 13-cv-361 (N.D. Ill. Dec. 2, 2016), Illinois District Judge John Z. Lee adopted, with modifications, the Report and Recommendation of Magistrate Judge Cox regarding the plaintiff’s motion to sanction...more

Court Holds That Fiduciary Shield Doctrine Does Not Protect A Representative From Tortious Conduct

by Winstead PC on

In Ren v. ANU Res., LLC, a plaintiff sued an entity and its representatives for breach of contract, breach of fiduciary duty, and other tort claims arising from investments in oil and gas properties. No. 14-16-00035-CV, 2016...more

Courts Address Conspiracy, Knowing Participation, and Aiding And Abetting Breach Of Fiduciary Duty Claims

by Winstead PC on

In Rhymes v. Filter Res., Inc., a former employer sued a former employee and the employee’s new business for breach of contract, breach of fiduciary duty, and tortious interference related to the employee’s competition with...more

Employment Law - July 2016 #2

Take Two: EEOC Amends Pay Data Collection Proposal - Why it matters - Tweaking its initial plan, the Equal Employment Opportunity Commission (EEOC) released an updated proposal about the collection of pay data from...more

Erin Andrew’s Suit Shows Risks to Businesses from Intentional Tortfeasors

by Butler Snow LLP on

Sportscaster Erin Andrew’s suit against a Nashville Marriott and the stalker who the hotel let check-in to a room next to her has made national headlines. When the jury awarded her a total of $55 million damages, with about...more

Computer Fraud and Abuse Act Not Violated Unless Plaintiff Shows Defendant Had Intent To Defraud

by Seyfarth Shaw LLP on

In a recent Computer Fraud and Abuse Act case, the Seventh Circuit Court of Appeals affirmed the district court’s conclusion that the plaintiff had produced no evidence refuting the defendant’s contention that it honestly...more

The DBA's Exclusive Workers Compensation Scheme for Overseas Government Contractor Personnel

by Dentons on

Understanding the preemptive role of the Defense Base Act (‘‘DBA’’) is crucial for any federal government contractor performing overseas work for the US military or federal departments or agencies. The DBA creates an...more

Limitations and Notice Requirements for Tort Claims Against Government Entities

by Cozen O'Connor on

Alabama - Source of Government Immunity - - Claims against State: Ala. Const. art. I, §14. ..State is immune from tort actions. ..Bars (1) claims against the State, (2) claims against a State agency, (3)...more

Turning the table on Whistleblowers: Alabama state court allows employer lawsuit to proceed against whistleblower

by Butler Snow LLP on

With whistleblower lawsuits on the rise, what options do companies have when faced with a whistleblower of their own. Can a company turn the table on a whistleblower who wrongfully accuses the company of bad...more

Attorney Fees in 75-1.1 Cases and Unwarranted Refusals to Settle

by Ellis & Winters LLP on

A party who shows a violation of N.C. Gen. Stat. § 75-1.1 can sometimes recover attorney fees under N.C. Gen. Stat. § 75-16.1(1). Section 75-16.1(1), however, imposes two substantive conditions on such a fee award...more

All “Intentional Tort” Claims By Employees May Now Be Uninsurable

On March 12, 2015, the Supreme Court of Ohio issued a decision in Hoyle v. DTJ Enterprises, Inc., holding that an insurance provision that excludes coverage for acts committed with the “deliberate intent to injure an...more

Competition Act Tort Claims Still Viable: Fairhurst v Anglo American PLC

by Bennett Jones LLP on

Can indirect purchasers claim damages in tort for breaches of the Competition Act? This was one of the issues before the British Columbia Supreme Court in Fairhurst v Anglo American PLC, 2014 BCSC 2270. Madam Justice Brown...more

Attack on Citizens’ Bad Faith Immunity Receives a Chilly Reception at Florida Supreme Court

by Cozen O'Connor on

In 2002, the Florida Legislature created Citizens Property Insurance Company Corporation (Citizens) to make affordable insurance available to Florida citizens who were not otherwise able to obtain property insurance. In...more

Court Addresses Jurisdiction Over Alleged Tortious Internet Conduct

by Allen Matkins on

By dramatically lowering the cost of disseminating information, the internet has made it possible for companies to “cybersmear” their competitors before a large potential audience at very little cost. The internet also...more

Deliberate Intent: Beyond Workers’ Compensation and Into the Assets of Your Business

A recent November 2013 case from the North Carolina Court of Appeals provides the perfect opportunity to remember when your business or your supervisors can be held liable for workplace injuries....more

Insights - Spring 2013: Employment Law Update

In This Issue: - Ohio Intentional Tort Update - Criminal Background Checks and Federal Contractors - New Family and Medical Leave Act Regulations - I-9 Form Changes - Excerpt from Ohio Intentional Tort...more

Ontario Jury Awards Ex-Employee $1.4 Million For Mistreatment By Former Manager

by Dentons on

In a cautionary tale for employers, a jury in Windsor, Ontario awarded $1.4 million in damages to a former Wal-Mart employee who alleged that she had been constructively dismissed after being subjected to intentional...more

Workplace Injuries: Intentional Tort Claims in Ohio Are (Nearly) Dead in the Water

by Littler on

The Ohio Supreme Court delivered another blow to injured workers who attempt to skirt Ohio's workers' compensation system by pursuing a remedy for their injuries in court. On the heels of another opinion1 narrowly...more

Ohio's Intentional Tort Statute Means What It Says

by Littler on

On November 20, 2012, in a reversal significant for Ohio employers with workplace injuries, the Ohio Supreme Court held, in Hewitt v. L.E. Myers, that an employee's failure to use, or the employer's failure to require an...more

Two-Year Statute of Limitations for Wrongful Termination Claims Under Minnesota’s Drug and Alcohol Testing in the Workplace Act

In September of 2012, the Minnesota Court of Appeals held in Sipe v. STS Manufacturing., Inc. et al., No. A11-2082 (Minn. Ct. App. Sept. 25, 2012), that a wrongful termination claim under the Minnesota Drug and Alcohol...more

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