News & Analysis as of

Sexual Assault Negligence

Tyson & Mendes LLP

“Real Housewives” Gets a Reality Check

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Caroline Manzo, a former real cast member of The Real Housewives of New Jersey, has sued Bravo, Forest Productions Inc., Warner Brothers Entertainment, NBC Universal Media, Shed Media US, and Peacock TV. As Ms. Manzo alleges,...more

Console and Associates, P.C.

Gastroenterologist at NYC Hospital Faces Multiple Allegations of Sexual Misconduct After Patients Come Forward

It’s common for anyone undergoing a major medical procedure to have some serious concerns. However, for most, these worries are focused more on the possibility of an adverse medical outcome and not on the risk of being...more

Jackson Lewis P.C.

Cap on Punitive Damages is Constitutional, Georgia Supreme Court Holds

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A $250,000 cap in punitive damages is constitutional, the Georgia Supreme Court has confirmed, upholding the trial court’s decision to substantially reduce a $50 million verdict to $250,000. Taylor v. Devereux Found., Inc.,...more

Butler Weihmuller Katz Craig LLP

Sexual Assault Is Not A Professional Service

Not many cases in Florida analyze Professional Services Exclusions in general liability policies.  However, on September 16, 2022, the Eleventh Circuit Court of Appeals released an order providing some clarification about the...more

Lathrop GPM

Minnesota Court of Appeals Confirms Immunity from Financial Liability for Guardians

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​​​​​​​The Minnesota Court of Appeals ruled that, under Minnesota law, guardians are immune from liability for negligently performing their duty to provide care for a person subject to guardianship. The opinion continues the...more

Franczek P.C.

Federal Case Highlights Nuances of Addressing Sexual Harassment Involving Students with Disabilities

Franczek P.C. on

In March, the U.S. District Court of the Western District of Washington ruled against a school district in favor of a student with intellectual disabilities, who was awarded $500,000 by a jury based on the district’s failure...more

Ervin Cohen & Jessup LLP

Negligent Retention, Hiring Rulings Show Importance of Policy Language

Where an employee of a company commits an intentional act, such as a battery or sexual molestation, the managers of that company are often named as defendants on a theory of “negligent supervision”, “negligent retention” or...more

TNG Consulting

Campuses and the Courts: M.M. v. San Juan Unified Sch. Dist.

TNG Consulting on

M.M. v. San Juan Unified Sch. Dist., No. 219CV00398TLNEFB, 2020 WL 5702265 (E.D. Cal. Sept. 24, 2020) - SUMMARY OF PROCEDURAL HISTORY: M.M., a nine-year-old female student in the San Juan Unified School District (SJUSD),...more

Tucker Arensberg, P.C.

Skilled Nursing Facility Found Not Responsible For Sexual Assault of 87-Year-Old Resident

Tucker Arensberg, P.C. on

A federal judge of the U.S. District Court for the Western District of Pennsylvania recently granted the Pavilion at Bradford Regional Medical Center summary judgment, dismissing Plaintiff George R. MacFarlane’s lawsuit...more

Fisher Phillips

Even More At Stake Than Meets The Eye With Potential HIPAA Violations

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A federal court in New Mexico recently declined to dismiss tort claims asserted by a registered nurse against her employer, a government-run hospital, where she sought and obtained treatment for a brutal sexual assault. In...more

Sherman & Howard L.L.C.

Respond to Employee Restraining Orders

An employer will face a trial on whether it negligently supervised an employee’s co-worker. The two workers had a relationship that ended when the man sexually assaulted the woman in her home. After trips to the emergency...more

Dorsey & Whitney LLP

The Supreme Court - June 2016 #6

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The Supreme Court of the United States issued decisions in five cases on June 23, 2016: Fisher v. University of Texas at Austin, No. 14-981: Petitioner Abigail Fisher applied for admission to the University of Texas at...more

Williams Mullen

The Erosion of Charitable Immunity for Virginia’s Colleges and Universities and What it Means for the Administrators and Trustees...

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Historically, Virginia courts have treated non-profit colleges and universities as charitable institutions which are insulated from liability for simple negligence. This rule (known as the doctrine of “charitable immunity”)...more

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