Webinar: Investigating and Resolving Sexual Assaults on Campus
Angelo Stio and Gina Maisto Smith discuss what was covered during the webinar and give a look at what to expect for future webinars on this topic.
Every day, colleges and universities throughout the country, face the...more
Every day, colleges and universities throughout the country, face the challenge of promoting personal responsibility while striving to make their campuses as safe as possible. Efforts to make campuses as safe as possible...more
Lisa Aber sued her employer and two co-employees (Michael Comstock, Aber’s supervisor, and James Cioppa) for sexual harassment and sexual battery, among other things. Comstock filed a cross-complaint against Aber in which he...more
In this Issue:
- California Supreme Court Revises Jury Instructions And Trial Procedures In Discrimination Cases, Harris v. Superior Court, 56 Cal. 4th 203 (2013)
- Employee Who Exhausted Four Months Of...more
In its recent decision in Hanover Am. Ins. Co. v. Saul, 2013 U.S. Dist. LEXIS 29739 (W.D. Okl. Mar. 5, 2013), the United States District Court for the Western District of Oklahoma had occasion to consider whether a...more
The California State Attorney General estimates more than 200,000 senior citizens are victims of elder abuse in our state each year. While elder abuse can be emotional, financial or physical, a recent case highlights the...more
Plaintiff Lisa Aber sued her employer and two of its employees, alleging that the employees had sexually assaulted her. Michael Comstock, one of the employee defendants, filed a cross-complaint against Aber, alleging claims...more
Apparently India isn’t the only place where girls are sexually assaulted on buses. As six suspects in the fatal gang rape of a student on a public bus in Delhi stand trial, on this side of the world, a jury in Florida awarded...more
On February 7, 2012, Gordon Stuckless a former assistant equipment manager at Maple Leaf Gardens, was charged with six more counts of indecent assault against young boys in a historical sexual assault case. You may remember...more
In the past several years, confidentiality clauses in settlement agreements, or what are sometimes called “gag orders”, have been the subject of well-deserved scrutiny in sexual abuse cases resolved by way of out-of-court...more
Originally published in the New York Law Journal on December 26, 2012.
The recent life-imitating-art headlines featuring illicit romantic affairs involving senior corporate and governmental leaders remind us that there...more
The U.S. Equal Employment Opportunity Commission (EEOC) recently issued a “Questions and Answers” document regarding the application of Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA)...more
Each new year brings us new laws, and this year is no different. Some years there are more significant law changes than in others, but regardless of the significance or insignificance, each and every person is responsible...more
This week's wins cover three circuits and four diverse areas of law.
Particularly interesting (to me) are the Fourth Circuit's opinion holding that it may not be a crime to steal the identity of a corporation. It feels...more
As previously reported in the July 2012 issue of the New Jersey eAuthority, several pending bills (A2919 and S2177) would require employers to provide unpaid leave to employees who are victims of domestic violence or sexual...more
In Gargano v. Wyndham Skyline Tower Resorts, a manager of a cleaning services company assigned to a Wyndham casino sued Wyndham for negligent hiring after she was sexually assaulted by a Wyndham employee. 2012 WL 5388949...more
Back in 2009, Milwaukee County jail guard James Howard sexually assaulted an inmate. A state court convicted Mr. Howard of two counts of sexually assaulting an inmate. The inmate then sued Mr. Howard in federal court,...more
Four students are suing an Illinois school district over hazing accusations at a Des Plaines high school that include reports of victims who were sodomized by their sports teammates.
Neither Title VII of the Civil Rights Act nor the Americans with Disabilities Act (ADA) specifically prohibits discrimination against individuals who may be victims of domestic or dating violence, sexual assault, or stalking....more
This is the second of a two-part series on defences to claims for compensation based on sexual assault.
This second part deals with what I call “technical-legal” defences. These are defences that operate irrespective of...more
Similar bills pending before the Assembly (A2919) and Senate (S2177), each entitled the “New Jersey Security and Financial Employment Act” or the “NJ SAFE Act,” would require employers with 25 or more employees to provide 20...more
This is the first of a two-part series on defences in claims for compensation based on sexual abuse. When compensation is claimed in a civil lawsuit based on sexual abuse, there are various defences that may be asserted in...more
A civil lawsuit for compensation, which is also known as an “action”, is typically started by way of a formal court document called a “Statement of Claim”. This document is “issued” by the court, which stamps it and assigns a...more
K.M.M. v. Roman Catholic Episcopal Corp. of the Diocese of London in Ontario, 2011 ONSC
Starting when she was 7 years old, the plaintiff was repeatedly sexually abused by her parish priest, Father Charles Sylvestre. The...more
M.B. v. 2014052 Ontario Ltd. (Deluxe Windows of Canada), 2012 ONCA 135
M.B. moved to Canada in 2002 and began working at Deluxe Windows of Canada (“Deluxe Windows”) in December 2003 as a commissioned salesperson. She...more
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