Vicarious Liability

News & Analysis as of

You Take the Good, You Take the Bad: NJ High Court Offers Employers Avenue to Limit Vicarious Liability in Harassment Suits; But...

In Aguas v. State of New Jersey, the New Jersey Supreme Court recently adopted an affirmative defense—available under federal law since 1998—allowing employers to use their anti-harassment policies to limit vicarious...more

Caribbean Cruise Line Obtains Dismissal of Putative TCPA Class Action

On March 25, 2014, Brian Jackson received a text message on his cellular phone, allegedly making an offer for cruise ticks on behalf of Caribbean Cruise Line (“CCL”). Jackson filed suit against AdSource Marketing Ltd....more

N.J. Supreme Court Decision in Harassment Case Mixed Bag for Employers

The New Jersey Supreme Court recently decided two key issues affecting claims of supervisory hostile work environment sexual harassment under the New Jersey Law Against Discrimination (“NJLAD”). In Aguas v. State of New...more

N.J. High Court Adopts Faragher-Ellerth Defense for LAD Sexual Harassment Claims

Last week, in Aguas v. New Jersey, No. A-35-13 (Feb. 11, 2015), New Jersey’s high court embraced the federal Faragher-Ellerth defense for claims alleging vicarious liability for supervisory sexual harassment under New...more

New Jersey Supreme Court Erects New Hurdle for Harassment Plaintiffs To Overcome

Last week, the New Jersey Supreme Court analyzed the impact of an employer’s anti-harassment policy on an employee’s claims of negligence, recklessness and vicarious liability against employers under the New Jersey Law...more

New Jersey high court decision will reshape employer liability in sexual harassment cases

On February 11, 2015, the New Jersey Supreme Court issued a significant sexual harassment decision that offers something positive for both employers and employees. Employers will be happy that the Court has, after...more

Jail for UK directors and corporate sentencing to come

The prosecution of Smith and Ouzman Ltd. for bribery is winding to a close, with the sentencing of two directors of the company for corruption....more

Dish Network Potentially on the Hook for Billions in Penalties for Violating Federal and State Telemarketing Regulations

Recently, in the long-running legal showdown pitting the U.S. Department of Justice (the “DOJ”) and four state attorneys general against the satellite television provider Dish Network, LLC (“Dish”), U.S. District Court Judge...more

Boon to New Jersey Employers: State Supreme Court Confirms that Federal Faragher/Ellerth "Affirmative Defense" Now Applies to...

On February 11, 2015, New Jersey's Supreme Court formally decided an important issue left open for nearly two decades concerning New Jersey's Law Against Discrimination (LAD). In Aguas v. State of New Jersey, __ N.J. __, No....more

Hold the Phone: Judge Holds Dish Network on the Line for Tens of Millions of Calls, but Leaves Silver Lining for TCPA Defendants

On December 12, 2014, Judge Sue E. Myerscough issued an epic 238-page order granting in part and denying in part cross summary judgment motions filed in United States of America, et al. v. Dish Network, L.L.C. (“Dish...more

HIPAA Violation — Pharmacy Held Liable for Employee’s Misdeeds

Recently, the Indiana Court of Appeals let stand a $1.4 million jury verdict against a national pharmacy chain for its employee pharmacist’s unauthorized disclosure of a customer’s confidential medical records.  Given the...more

TCPA Connect - January 2015

Dish Could Face Billions in TCPA Liability - Dish Network is liable under the Telephone Consumer Protection Act not only for telemarketing calls made by the company, but for those a call center and other third parties...more

Trade Secrets And 3rd Parties: Litigation Traps To Avoid

Many companies have developed trade secrets policies to protect their valuable information, but even forward-thinking companies may not have internal controls to avoid liability as third parties to alleged trade secret...more

Eleventh Circuit adopts broad view of businesses’ potential liability under TCPA for faxes sent by third parties

One of the hottest areas in class actions is litigation under the Telephone Consumer Protection Act (TCPA). And one of the most significant issues in TCPA litigation is the existence and scope of vicarious liability. The...more

Insurance Coverage – Duty to Defend – Sexual Assault Claim

Insurance Coverage – Duty to Defend – Sexual Assault Claim - Court Of Appeal, Second Appellate District (October 6, 2014) - Most commercial general liability policies provide coverage for negligent acts only. ...more

Sender Of Faxes May Be Directly Liable For TCPA Violations

In Palm Beach Golf-Center Boca, Inc. v. John G. Sarris, D.D.S., P.A., No. 13-14013 (11th Cir. Oct. 30, 2014), the Eleventh Circuit Court of Appeals reversed the Southern District of Florida’s entry of summary judgment in the...more

Appellate Court Notes

- SC18975 - Connecticut Ins. Guaranty Assn. v. Drown - SC18975 Concurrence - Connecticut Ins. Guaranty Assn. v. Drown - SC18975 Dissent - Connecticut Ins. Guaranty Assn. v. Drown This started as a medical...more

Torts – Vicarious Employer Liability – Going and Coming Rule

Torts – Vicarious Employer Liability – Going and Coming Rule - Court Of Appeal, Fourth Appellate District (September 10, 2014) - Under the theory of respondeat superior, employers are vicariously liable for...more

TCPA Connect - October 2014

9th Circuit Affirms Vicarious Liability–for Anybody–Under TCPA - In a blow to Telephone Consumer Protection Act defendants, the Ninth U.S. Circuit Court of Appeals has ruled that a defendant may be liable for...more

New Law Makes Employers Liable for Temp Agency Violations

A new law that will soon go into effect in California will significantly change the legal relationship between temporary staffing agencies and the companies (“client employers”) that contract with them to use temporary...more

Understanding and Avoiding Situations of Vicarious Liability

How many times have you loaned your automobile to a friend or family member? Even if you trust the person you are lending your car to, incidents can occur that can put you at risk for legal liability. Many automobile...more

In BP Gulf Oil Spill Litigation, the District Court Decided Important Legal Questions that will Likely be Appealed, including the...

On September 4, 2014, U.S. District Judge Carl Barbier issued findings of fact and conclusions of law for the trial of the MDL of the Gulf Oil Spill, which included findings that the oil spill was the result of BP Exploration...more

Franchisors Are Not Joint Employers

The National Labor Relations Board (NLRB) caused an earthquake in the field of franchising with the General Counsel’s announcement July 29, 2014, of complaints against McDonald’s USA, LLC....more

Energy Newsletter - October 2014

In This Issue: - Mexico's New E&P Contracts - Electricity Reform in Mexico: New Opportunities and Roles - New Licence Terms Promoting Unconventional Exploration and Production are Introduced for the UK's 14th...more

Ninth Circuit Addresses TCPA Text Message Claims

In Gomez v. Campbell-Ewald Co., No. 13-55486, 2014 WL 4654478 (9th Cir. Sept. 19, 2014), a panel of the Ninth Circuit Court of Appeals addressed several recurring issues in TCPA litigation, including: the efficacy of Rule 68...more

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