Intentional Torts

News & Analysis as of

Are Employers Liable for Intentionally Harmful Acts by Their Employees?

It is well established that employers are legally responsible for injuries their employees cause within the course and scope of their employment. The theory behind this is that the employer enjoys the financial advantage from...more

A Bankrupt Can't Escape a Judgment for Sexual Assault

Under most circumstances, an order of discharge releases a bankrupt person from all debts. There are, however, exemptions that have been legislated to ensure that a bankrupt party does not escape a debt arising from certain...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

Tort Claims for Interfering With Expected Inheritance Generally Not Barred After The Estate Closes

Friday morning, a unanimous Illinois Supreme Court held that in most cases, a tort claim for intentional interference with testamentary expectancy is not subject to the six-month statute of limitations on will contests....more

Was That Really an “Accident”?: Northern District of California Reiterates What Constitutes an “Accident” Under a Commercial...

In Alco Iron & Metal Co. v. American International Specialty Lines Insurance Co., No. 11-5181 CW, 2012 WL 5878391 (N.D. Cal. Nov. 21, 2012), the U.S. District Court for the Northern District of California granted summary...more

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

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

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

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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