Recent enforcement activity has demonstrated the agencies have taken to viewing the SCRA as a strict liability statute. This shift in interpretation makes financial institutions legally responsible for compliance with the...more
Each year about 4.5 million people are bitten by dogs. Dogs can and should be controlled by their owners. The failure of an owner to take proper precautions can lead to a lawsuit for damages by an injured victim....more
As I mentioned in some of my prior posts, the Massachusetts Weekly Payment of Wages Act (“Wage Act”) poses many challenges to employers due, in part, to the vagueness of its terms, the strict liability it imposes on employers...more
Late last month, the Supreme Court considered whether and when a co-worker can be deemed a supervisor for purposes of evaluating if the employer is strictly liable for that person’s harassment of another employee....more
In Burlington Northern, the Supreme Court made clear that, in order to impose liability on a defendant as an “arranger” under Superfund for the sale of a product, the plaintiff must demonstrate that the defendant "must have...more
Each decade has its “dangerous dog.” In the 1970s, it was Doberman pinschers. In the 1980s, it was German shepherds. In the 1990s, it was Rottweilers. Today, it’s pit bull terriers.
Pit bulls were bred, originally in...more
Since the mid-1960s, Pennsylvania has adhered to the strict liability tenets of section 402A of the Restatement (Second) of Torts. Its version of strict liability had a number of unique features, including the determination...more
A recent California Court of Appeal decision out of the Second District has provided further clarity to the scope of California products liability law by reasserting the general rule that precludes strict liability for design...more
Dog bites are common with nearly five million reported in the United States each year. Most do not cause serious injury, but the ones that do can be costly to the dog’s owner. The New Jersey dog bite statute affords victims...more
On August 30, 2012, the Second Appellate District of the California Court of Appeal held that a privately owned utility could be subject to strict liability for inverse condemnation, thereby concurring with a similar holding...more
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