News & Analysis as of

Assault

Human Rights Considerations & Best Practices for Energy Companies

by King & Spalding on

International human rights laws and norms are increasingly playing a role in shaping how energy companies conduct their business all over the world. Shareholders increasingly demand compliance with human rights norms;...more

Another Assault – Another Exclusion

by Nexsen Pruet, PLLC on

2017 is steadily becoming the year of the assault in South Carolina. Founders Insurance Company v. John Hamilton a/k/a Jim Hamilton, individually and d/b/a Aces High Club, Aces High Club and Kenneth Weatherford, 2017 WL...more

Sharp Pencil Not a Weapon Under Pennsylvania School Code

by Tucker Arensberg, P.C. on

S.A. v. Pittsburgh Pub. Sch. Dist., 2017 Pa. Commw. LEXIS 152 (Pa. Commw. Ct. May 1, 2017). Summary and Factual Background - S.A. was a 10th grade student at Barack Obama International Academy, a high school in the...more

Varnum PI Team Wins Wrongful Death Case for Family of WWII Vet

by Varnum LLP on

The family of a WWII veteran who died after an assault at a State-operated adult care facility will receive a $825,000 settlement from the State of Michigan....more

When an Assault Really Is an Assault... A Sequel

by Nexsen Pruet, PLLC on

Jesse Bass was a guest at Henry’s Sports Bar in December 2012, when the bouncer struck him in the head with such force that he was knocked unconscious and suffered serious brain injury. Bass brought an action against Henry’s,...more

Louisiana Court Holds Employer Responsible for Failing to Protect Employee From Off-Duty Threat of Violence by Coworker

A Louisiana appellate court has ruled an employee may sue her employer for negligence for injuries sustained on the job when the injuries resulted from a dispute that began outside of work. The case is particularly...more

Pennsylvania Federal District Court: Insurer’s Reliance on “Reasonable” Interpretation of Law Does Not Automatically Bar Bad Faith

by Cozen O'Connor on

On March 13, 2017, the United States District Court, Eastern District of Pennsylvania, rejected the argument that an insurer does not act in bad faith if it relies on a reasonable interpretation of unsettled case law. The...more

When an Assault is not an Assault - Covered Up: SC District Court Denies Exclusion for Alleged Nightclub Assault and Battery

by Nexsen Pruet, PLLC on

In a recent United States District Court decision, the court denied the insurer’s motion for summary judgment as to its duty to defend and indemnify for an alleged assault and battery. The facts of Certain Underwriters at...more

The Christmas party, and the fallout that followed

by Dentons on

Many will recall the vicarious liability case heard earlier in 2016, involving a petrol station attendant (Mohamud v. WM Morrison Supermarkets plc. [2016] UKSC 11) where it was found on appeal that there was a sufficiently...more

California Employment Law Notes - January 2017

$90 Million Judgment Reinstated: Employers Must Relieve Employees Of All Duties During Their Rest Periods - Augustus v. ABM Sec. Servs., Inc., 2016 WL 7407328 (Cal. S. Ct. 2016) - Jennifer Augustus filed this...more

When Ubering Goes Wrong: A Lesson for Both Drunks And Employers

Uber is a wonderful invention that has a primary function of driving intoxicated people from point A to point B. Sometimes, however, getting from point A to point B becomes an issue. This week, a lawsuit was filed in...more

Assault Following Christmas Party – Was Employer Liable?

by Faegre Baker Daniels on

The High Court in Bellman v Northampton Recruitment [2016] EWHC 3104 (QB) considered whether an employer was vicariously liable for an assault by a managing director after a work Christmas party. Following a work...more

When is an after-party an after-party? Christmas parties and vicarious liability claims

by Dentons on

It’s that time of the year again – Christmas parties and work socials galore. That heady mix of festive spirit and copious amounts of free alcohol. Add in work colleagues and things can get a little bit sticky. As some...more

Can you dismiss an employee if they have allegedly committed a criminal offence?

by Dentons on

An American football team, the San Francisco 49ers, has dismissed its player Bruce Miller following his arrest on suspicion of assault after an altercation about a hotel room. Although both an American and sports related...more

OSHA Hits Employer with Hefty Fine for Failing to Protect Employee from Assault by Client

A national home health care provider, doing business in York Pennsylvania as Epic Health Services, was recently issued a citation and significant fine by The Occupational Safety and Health Administration (OSHA) in connection...more

The Supreme Court - June 2016 #7

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued decisions in three cases today: McDonnell v. United States, No. 15-474: Former Virginia Governor Robert McDonnell and his wife, Maureen McDonnell, were federally indicted...more

Esquivel v. City of Yuma

Jones, Skelton & Hochuli attorneys Michele Molinario and Amelia Esber prevailed by summary judgment in a 42 U.S.C. § 1983 civil rights action against the City of Yuma and one of its law enforcement officers. This case...more

Vicarious liability of employers - A case note on Mr A M Mohamud (in substitution for Mr A Mohamud (deceased)) v WM Morrison...

by Dentons on

Decision by the UK Supreme Court given on 2 March 2016 on an employer’s vicarious liability in tort for an assault carried out by an employee....more

Was an Employer Liable for Assault Committed by its Employee?

by Faegre Baker Daniels on

The Supreme Court in Mohamud v WM Morrison Supermarkets Plc [2016] UKSC 11 considered whether an employer was liable for an assault committed by one of its employees on a customer. Mr Khan worked at a petrol station...more

Employer Liable for Employee Assault on Customer

by K&L Gates LLP on

What happened? In Mohamud v WM Morrison Supermarkets plc, the Supreme Court decided that the employer was vicariously liable for an employee’s assault on a customer. Mr Mohamud, a man of Somali origin, went into a Morrisons...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19474 - State v. Roman - Appellate Court Advance Release Opinions: AC37107 - NRT New England, LLC v. Jones - Plaintiff broker entered into an exclusive buyer’s...more

Malicious Prosecution Case to Continue Against Patrick Henry Community College Athletic Director

by Womble Bond Dickinson on

An affair between a college coach and a basketball player, a disputed confrontation between parents and a college administrator, accusations of assault and kidnapping, fifteen days in jail, claims of false arrest and...more

Ghouls and Goblins Win Major Court Victory Right Before Halloween!

Woodland Hills Personal Injury lawyer Barry P. Goldberg may not believe in evil spirits and the undead and certainly would not represent them in court. However, this Halloween the California Court of Appeal has handed the...more

Feds Want to Take Down Cambridge Lawyer Who Once Seemed Destined for Politics

by PretiFlaherty on

I read the news today of the federal indictment against Attorney Tim Flaherty, who once came close to winning the Cambridge-Everett seat in the Massachusetts Senate and now stands accused of tampering with a witness in a...more

The Latest on Major Defense Verdicts in Arizona

by Snell & Wilmer on

What’s the latest news on Arizona’s civil defense verdicts? Here are some interesting defense verdicts from 2014: - Steak Out Restaurant & Saloon, L.L.C. et al. v. Old Lobos T&T, L.L.C. et al. Steak Out Restaurant...more

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