Vicarious Liability

Restroom Videotaping of Employees by Store Manager Not Imputed to Employer, Finish Line, Inc.

by Audet & Partners, LLP on 5/15/2013

In a binding arbitration ruling issued on May 13, 2013, Finish Line, Inc was absolved of any liability for restroom videotaping of employees by a Milpitas, California store manager between 2009 and 2010. In ADRS Case No....more

Florida Federal Court Rejects FCC Ruling on Autodialed Collection Calls to Cell Phones

by John L. Culhane, Jr., Mark J. Furletti, Alan S. Kaplinsky, Jeremy T. Rosenblum, Christopher J. Willis | Ballard Spahr LLP on 5/14/2013

A Florida federal court has rejected the Federal Communication Commission's 2008 ruling that by providing a wireless number to a creditor on a credit application, a consumer has given "prior express consent" as required by...more

Teen Drivers Can Impact Parents’ Pocketbooks

by Law Office of Paul B. Genet on 4/30/2013

When a teen gets behind the wheel, it can be a dangerous situation. According to a study by the National Highway Traffic Safety Administration, teen drivers are three time more likely to be involved in a fatal crash than...more

Supreme Court of Minnesota Upholds Denial of Coverage to Additional Insured in the Absence of Vicarious Liability

by Frederic Giordano, David Osipovich, Andrew Stanton | K&L Gates LLP on 4/22/2013

Introduction - Construction contractors and subcontractors, as well as commercial policyholders generally, will wish to take note of a recent Supreme Court of Minnesota decision that lends insight into the scope of...more

Whistleblowing in the UK – the latest developments and a review of the law

by Daniel Ornstein | Proskauer - Whistleblowing & Retaliation on 4/9/2013

In recent months, the UK has seen a growing focus on the protection afforded to whistleblowers. This attention has emerged because of recurring question linking diverse scandals, such as phone hacking and those that have hit...more

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

by Anthony Oncidi | Proskauer - California Employment Law on 3/28/2013

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

The United States Allocated 40% of Liability for Contamination Caused by a Contractor’s Manufacturing Operations

by Scott Broadwell, Lynn Manolopoulos | Davis Wright Tremaine LLP on 3/21/2013

A recent decision by a federal court in the Central District of California found the United States liable for 40% of the response costs related to contamination from the manufacture of ammunition and rocket motors for the...more

Third Circuit Holds Rule 10b-5 Violations May Be Imputed to Investment Management Company on Basis of Apparent Agency

by Mark Kornfeld, Marc Powers, Elizabeth Schutte | BakerHostetler on 3/19/2013

The United States Court of Appeals for the Third Circuit recently issued a decision that highlights the importance of investment management companies using extreme caution when promoting investment products to their clients,...more

Florida Appellate Court Finds that an Additional Insured is Entitled to the Appointment of Separate and Independent Defense...

by Kellyn Muller | Cozen O'Connor on 3/12/2013

On February 20, 2013, in a matter of first impression in the state of Florida, the Third District Court of Appeal ruled 2-1 that an additional insured was entitled to the appointment of separate and independent defense...more

Third Circuit: Securities Fraud Liability May Be Imputed To Employer Whose Employee Ran Ponzi Scheme On The Side

by M. Duncan Grant, William Liess | Pepper Hamilton LLP on 3/12/2013

On February 22, 2013, in the precedential opinion in Belmont v. MB Inv. Partners, Inc., a unanimous panel of the U.S. Court of Appeals for the Third Circuit (Judges Anthony J. Scirica, D. Michael Fisher and Kent A. Jordan)...more

National Shoe Store Finish Line, Inc. May Be Held Accountable for Videotaping by Store Manager of Employee Restroom and Customer...

by Audet & Partners, LLP on 3/8/2013

In another victory for employees and privacy rights, a ruling issued this week against Finish Line, Inc. will further establish employer liability in cases involving illegal videotaping of employees by a store manager. In...more

California Court Addresses Priority of Coverage In Auto Context

by Traub Lieberman Straus & Shrewsberry LLP on 3/5/2013

In the recent case GuideOne Mutual Insurance Company v. Utica National Insurance Group (4th Appellate Dist. 2/28/13), the California Court of Appeal considered priority of coverage among primary and excess insurers following...more

An Employee's Umbrella Insurance Policy Must Be Exhausted Before Seeking Contribution From Policies Covering The Employer

by Jenny Wang | Barger & Wolen on 3/5/2013

When an employer is vicariously liable to a third party for its employee’s negligence, and both the employer and employee have primary and umbrella policies covering liability to the third party, the employee’s primary and...more

Weekly Law Resume - February 28, 2013: Insurance Coverage – Equitable Contribution – Vicarious Liability

by David L. Blinn | Low, Ball & Lynch on 3/4/2013

GuideOne Mutual Insurance Company v. Utica National Insurance Group Court of Appeal, Fourth District (February 28, 2013) Equitable contribution is available when several insurers are obligated to indemnify or defend...more

New HIPAA Regulations Affect Business Associates and Subcontractors

by Amy Gordon, Susan M. Nash, Jamie Weyeneth | McDermott Will & Emery on 2/11/2013

The Health Insurance Portability and Accountability Act omnibus regulations recently released by the U.S. Department of Health and Human Services have significant ramifications for business associates and subcontractors of...more

Maryland High Court's Finding of Tort Liability for Deficient Title Search has Implications for Title Companies and Underwriters

by Kimberly Manuelides | Saul Ewing LLP on 2/4/2013

A recent decision by the Maryland Court of Appeals makes it clear that title companies and underwriters may now be susceptible to tort liability for negligence under Maryland common law....more

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Restroom Videotaping of Employees by Store Manager Not Imputed to Employer, Finish Line, Inc.

Florida Federal Court Rejects FCC Ruling on Autodialed Collection Calls to Cell Phones

Teen Drivers Can Impact Parents’ Pocketbooks

Supreme Court of Minnesota Upholds Denial of Coverage to Additional Insured in the Absence of Vicarious Liability

Whistleblowing in the UK – the latest developments and a review of the law

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

The United States Allocated 40% of Liability for Contamination Caused by a Contractor’s Manufacturing Operations

Third Circuit Holds Rule 10b-5 Violations May Be Imputed to Investment Management Company on Basis of Apparent Agency

Florida Appellate Court Finds that an Additional Insured is Entitled to the Appointment of Separate and Independent Defense...

Third Circuit: Securities Fraud Liability May Be Imputed To Employer Whose Employee Ran Ponzi Scheme On The Side

National Shoe Store Finish Line, Inc. May Be Held Accountable for Videotaping by Store Manager of Employee Restroom and Customer...

California Court Addresses Priority of Coverage In Auto Context

An Employee's Umbrella Insurance Policy Must Be Exhausted Before Seeking Contribution From Policies Covering The Employer

Weekly Law Resume - February 28, 2013: Insurance Coverage – Equitable Contribution – Vicarious Liability

New HIPAA Regulations Affect Business Associates and Subcontractors

Maryland High Court's Finding of Tort Liability for Deficient Title Search has Implications for Title Companies and Underwriters

When Your Vacation Goes Terribly Wrong

Employment Law Newsletter - January 2013

Conducting Workplace Investigations

Supervisors Cannot Be Held Individually Liable Under Maine Law

Are You My Supervisor?

Under Construction - December 2012

Engler v. Gulf Interstate Eng’g, Inc.: Employer Liability for Contractor Employees Working Away from Home

Who Is Really A Supervisor? Employer Liability For Hostile Work Environment Claims

Who Is a “Supervisor” Under Title VII and Why You Should Care

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