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Sexual Assault Vicarious Liability

Clark Hill PLC

Michigan Supreme Court: No Vicarious-Liability Cause of Action for Student-on-Student Sexual Harassment Under ELCRA

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On July 29, 2024, the Michigan Supreme Court held in Doe v. Alpena Public School District that the state’s civil rights law, Elliott-Larsen Civil Rights Act (“ELCRA”), does not provide a cause of action against an educational...more

Lewitt Hackman

Franchisor 101: Franchisor Cannot Massage its Way Out of Vicarious Liability

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A Texas court of appeals affirmed judgment in favor of a plaintiff who claimed a franchisor was vicariously liable for a franchisee’s employee’s wrongful conduct....more

Littler

Ontario, Canada Court Confirms Sexual Harassment Not an Independent Tort

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Employee filed action against company vice president for sexual harassment and sexual assault, and against company for vicarious liability for the sexual harassment. Court confirmed that sexual harassment is not an...more

Wiley Rein LLP

Definition of Third-Party Wrongful Act and Sexual Misconduct Exclusion Bar EPL Coverage for Claim Alleging Negligent Supervision

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The New York Appellate Division has held that a lawsuit against a children’s non-profit organization alleging negligent supervision of staff accused of sexually molesting children in the organization’s care was excluded from...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

Hinshaw & Culbertson LLP

Seventh Circuit Requires Trial of Respondeat Superior Claim Over Sexual Assault

In Zander v. Orlich, No. 17-2792, (7th Cir. Oct. 30, 2018), the U.S. Court of Appeals for the Seventh Circuit decided how to construe and apply Indiana state tort law regarding vicarious liability. The plaintiff in Zander...more

Fisher Phillips

Blurred Lines: Texas Supreme Court Applies Hazy Distinction Between Workplace Harassment And Assault

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The Texas Supreme Court recently blurred the distinctions between harassment and assault claims as they apply to employer liability under the state’s antidiscrimination statute. In considering whether a plaintiff is required...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

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