News & Analysis as of

Assault

The Roth Firm

Traumatic Brain Injury And The Value Of Your Personal Injury Case

by The Roth Firm on

When it comes to Personal Injury Cases, there are various different types of accidents and injuries that can take place. No one wants to be injured, but, unfortunately, when it comes to accidents it is almost...more

Seyfarth Shaw LLP

Fight Club Rules: Using Restraining Orders To Prevent Workplace Violence

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Workplace violence is a major concern that can take the form of intimidation, threats, and even homicide. But fret not: California employers can arm themselves with restraining orders, to prevent a modern...more

WilmerHale

The #MeToo Movement: The Critical Role of the Board in Preparing for, Responding to and Avoiding Sexual Misconduct Allegations

by WilmerHale on

As the #MeToo movement gains momentum, companies in nearly every major industry are dealing with allegations of gender discrimination, sexual harassment or even sexual assault—including allegations of widespread misconduct...more

Shipman & Goodwin LLP

CAS Legal Mailbag Question of the Week – February, 2018 #2

by Shipman & Goodwin LLP on

Dear Legal Mailbag: I don’t dare ask her, but I think that one of the teachers in my school has “histrionic personality disorder,” which DSM V describes as “a pervasive pattern of excessive emotionality and attention...more

Fisher Phillips

New York Court Says Retailer Not Responsible For Unforeseeable Violence Against Patron

by Fisher Phillips on

A federal district court in Brooklyn recently held that an employer does not owe a duty to protect patrons from assault unless the attack was “reasonably foreseeable,” specifying that businesses would only be put on such...more

Shipman & Goodwin LLP

CAS Legal Mailbag Question of the Week – November, 2017 #3

by Shipman & Goodwin LLP on

Dear Legal Mailbag: One of the kindergarten teachers in my school is a bit of a drama queen and, thus, I was not terribly surprised when she made a big deal out of an accident in her classroom. One of her students (a five...more

King & Spalding

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

Nexsen Pruet, PLLC

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

Tucker Arensberg, P.C.

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 LLP

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

Nexsen Pruet, PLLC

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

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

Cozen O'Connor

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

Nexsen Pruet, PLLC

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

Dentons

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

Proskauer - California Employment Law

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

Norris McLaughlin & Marcus, P.A.

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

Faegre Baker Daniels

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

Dentons

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

Dentons

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

McNees Wallace & Nurick LLC

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

by McNees Wallace & Nurick LLC on

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

Dorsey & Whitney LLP

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

Jones, Skelton & Hochuli, P.L.C.

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

Dentons

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

Faegre Baker Daniels

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

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Privacy Officer
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Contacting JD Supra

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