Respondeat Superior

News & Analysis as of

New Hampshire Court Dismisses Negligent Hiring and Retention Claims as Redundant of Motor Carrier’s Vicarious Liability

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

Appellate Court Notes - Week of March 19

AC35167 - Perugini v. Giuliano: Pro se husband sued his ex-wife’s lawyers claiming violation of the RPC and intentional infliction of emotional distress for failure to disclose the attorney’s past representation of the...more

Vicarous Liability Limitations for Actions Outside Scope of Employment of Temporary Worker

Sara Montague, et al. v. AMN Healthcare, Inc. - Court of Appeal, Fourth Appellate District (February 21, 2014) - Under the doctrine of respondeat superior, an employer is vicariously liable for the torts of its...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

California Employers: Beware Employees' Use of Personal Vehicles for Business Purposes

A California Court of Appeal held on September 17, 2013, that an employer's requirement that its employee use her personal vehicle for work-related travel rendered the employer responsible for injuries suffered by a third...more

Employers Beware: You May be Liable for Your Employees’ Tortious Off-Duty Conduct during Their Commutes

In Moradi v. Marsh USA, Inc., the California Court of Appeal concluded that employees who are required to use their personal vehicles to travel to and from the office and make other work-related trips during the day are...more

California Court Limits “Coming And Going” Exception In Finding Employer Liable For Car Accident That Occurred While Employee Was...

Employers sometimes face vicarious liability for personal injury and property damage when employees use their own vehicles in connection with the performance of their job duties and get into traffic accidents. When facing...more

Second Circuit Holds that Allegations of Direct Fraudulent Representations Are Necessary for Market Manipulation Claims Under...

In Fezzani v. Bear, Stearns & Co., Inc., No. 09-4414-cv, 2013 WL 1876534 (2d Cir. May 7, 2013), a 2-1 majority of a panel of the United States Court of Appeals for the Second Circuit held that plaintiffs’ failure to plead...more

Employer Was Released From Liability In Settlement Agreement Between Employee And Third Party

Heriberto Ceja Rodriguez sued Takeshi Oto for injuries he sustained in an automobile accident. Unbeknownst to Rodriguez, at the time of the accident, Oto was driving from an event related to his employment. (Oto was driving a...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

Court of Appeals Rules that Title Companies Owe Duty of Care in Tort when Conducting Title Searches

In the case of 100 Investment Limited Partnership v. Columbia Town Center Title Co., the Maryland Court of Appeals was asked to determine whether a title company owed a tort duty of reasonable care to its customer, the...more

Title Insurers Not Liable For Agent's Negligence

Title insurance companies can enforce exculpatory provisions in title insurance policies that exclude liability for tort claims based on a negligent title search performed by an agent, Maryland's highest court has ruled....more

Supreme Court of Virginia Grants Cert in Respondeat Superior Case

Hat tip to the Virginia Lawyers Weekly for covering a story about a recent case that may have a far-reaching impact on the doctrine of respondeat superior in Virginia. The Supreme Court of Virginia has granted certiorari in a...more

Religious Institutions: October 2012 Update

Most secular and religious corporations have adopted electronic communication policies which state that employees have no privacy interest in their emails and Internet usage. Typically, the policies indicate that the...more

The Corporate Solution to Texting While Driving

The safety hazards of texting or emailing while driving are obvious. Potentially fatal repercussions await such callous and indifferent texters, who pose a threat not just to themselves, but to everyone on the road. A texting...more

Ohio Law Banning Texting While Driving May Have Implications For Employers

Ohio’s statewide ban on texting while driving went into effect on August 31, 2012 and is now the law. See Ohio Revised Code §§ 4511.204 & 4511.205. House Bill 99, which set forth the ban, was signed into law on June 1, 2012,...more

Arizona Supreme Court Limits Employer’s Vicarious Liability For Employee’s Off-Duty, On-Location Assignment Car Accident

On July 9, 2012, the Arizona Supreme Court issued an employer-friendly opinion holding that an employer was not vicariously liable for negligent conduct committed by an employee during an out-of-town assignment, after work...more

17 Results
|
View per page
Page: of 1