Negligent Supervision

News & Analysis as of

Oklahoma court tosses negligent training and supervision claims

Former employees and their attorneys have become increasingly creative when it comes to suing past employers. In addition to filing wrongful termination or discrimination lawsuits, discharged employees have sued their former...more

Religious Institutions: August 2015

The decision by the United States Supreme Court on same-sex marriage has been greeted with praise and disdain by different corners of the country. The faith-based community has been especially outspoken. This is not...more

Florida High Court Overturns Summary Judgment for Defendant School Board, Deciding it Owed Common Law Duty to Student Athlete

On April 2, 2015, the Florida Supreme Court quashed the Second District Court of Appeal’s decision in Limones v. School District of Lee County, 111 So. 3d 901 (Fla. 2d DCA 2013), and held that the school district owed a...more

Court finds employer not vicariously liable for actions of employees against other employees

In Palmer & Ors v State of Queensland [2015] QDC 63, a determination by Judge McGill of the Brisbane District Court delivered on 27 March 2015 determined that the employer, Disability Services Queensland, took all reasonable...more

School District Advisory: The Pure and Simple Truth - The Truth is Rarely Plain and Never Simple

In the recent case of J.P. v. Carlsbad Unified School District, the California Court of Appeal barred a public entity from enforcing the six-month government tort claim requirement when it prevents the claimant from filing a...more

Supreme Court of Mississippi Affirms Disclaimer Based on Professional Liability Exclusion

In its recent decision in Gray v. Arch Specialty Ins. Co., 2014 Miss. LEXIS 534 (Miss. Oct. 23, 2014), the Supreme Court of Mississippi had occasion to consider whether allegations against a paramedic company for negligent...more

Trial Court Dismisses Negligent Hiring, Retention Claims Against Motor Carrier

A New Hampshire trial court recently ruled that negligent hiring and retention claims asserted against a motor carrier on behalf of persons seriously injured in a multi-vehicle accident are redundant of the motor carrier's...more

Utah Employment Law Letter - December 2013: SEXUAL HARASSMENT: Supersize victory: Shift leader isn’t supervisor under Title VII

Harassment is a word employers never want to hear. A long-standing question for many employers has been the extent of their potential liability for workplace harassment. An employer’s liability for harassment under Title VII...more

Weekly Law Resume - Insurance Coverage – Duty to Defend

Farmers Insurance Exchange v. The Superior Court of Los Angeles County (Bautista) - California Court of Appeal, Second Appellate District (October 28, 2013) - Questions often arise as to whether there is...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

Three Thoughts about Steve Cohen’s Failure-to-Supervise Case

Stanley Sporkin — former SEC Enforcement Director, CIA general counsel, and federal judge – likes to say that an SEC staff attorney ought to be just as happy closing an investigation as one is bringing a public enforcement...more

New Texas Law Protects Employers from Negligent Hiring and Supervision Claims

On June 14, 2013, the governor of Texas signed HB 1188 to limit liability for negligent hiring and supervision of employees with criminal convictions....more

Directors Owe No Duty To Foreign Residents

Originally Published in Legal Alert, Vol. 31, No. 5. Directors of Canadian companies with operations outside of Canada can take comfort in the Ontario Court of Appeal’s recent decision in Piedra v. Copper Mesa Mining...more

Third Circuit: Securities Fraud Liability May Be Imputed To Employer Whose Employee Ran Ponzi Scheme On The Side

On February 22, 2013, in the precedential opinion in Belmont v. MB Inv. Partners, Inc., a unanimous panel of the U.S. Court of Appeals for the Third Circuit (Judges Anthony J. Scirica, D. Michael Fisher and Kent A. Jordan)...more

Protecting the Workforce from Violence

Tragic acts of violence have taken over our headlines and can destroy not only lives, but businesses. With the rise in reported gun violence, the numerous recent tragedies around the country and continued economic troubles...more

California Employment Law Notes - January 2013

In This Issue: - $1.347 Million Award To Former General Counsel For Breach Of Implied Contract Is Upheld - Faigin v. Signature Group Holdings, Inc., 211 Cal. App. 4th 726 (2012) - $114,000 Pregnancy...more

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