Coverage Issues Arising Out of Assault and Battery Claims
Law School Toolbox Podcast Episode 288: Listen and Learn -- Assault and Battery (Torts)
Bar Exam Toolbox Podcast Episode 103: Listen and Learn –- Assault and Battery
Compliance Perspectives: Healthcare Compliance at the Border
In the wake of the #MeToo movement, several states, such as California, have taken steps to ban mandatory arbitration clauses that cover claims of sexual harassment and assault. However, such prohibitions have decidedly not...more
As a special Halloween Treat, we look at a recent Motion to Dismiss ruling by Judge Doumar. The facts are colorful. An unidentified SeaWorld employee, dressed as a clown, was working at the Howl-O-Scream event at Busch...more
In most situations, employers are not liable for civil claims relating to criminal conduct by their employees because such actions are deemed to be outside the course and scope of their employment. Plaintiffs can get around...more
With Star Wars: The Rise of Skywalker coming to theaters this holiday season, I was reminded of one of my favorite Saturday Night Live sketches in recent memory featuring a very special take on Undercover Boss. In the sketch,...more
An Illinois Appellate Court recently answered a previously undecided question when it held in Gasic v. Marquette Management, Inc., that a corporation may be subject to liability under the Illinois Gender Violence Act (IGVA)....more
Usually, once is not enough, at least in the hostile work environment context. Unless, as the court found in Ronnie L. Outlaw v. SBH Services, Inc., it is. Typically, a single incident of harassment – especially by a...more
Even if your state is "easy," don't relax. It seems like all we ever read about is those more activist "blue states" -- California, Illinois, Massachusetts, New Jersey, New York . . . If you're an employer in a more...more
In a highly publicized incident during the 2016 presidential election, a Trump campaign staff worker claimed that the North Carolina campaign director threatened him with a pistol on the way to a campaign event. The worker...more
Every year, nearly two million American workers report having been victims of workplace violence. Sadly, the actual number of cases is likely much higher — many cases go unreported....more
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
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
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
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
$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
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
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 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
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
Hospitals, remarkably, are one of the most hazardous places to work. According to the U.S. Bureau of Labor Statistics, hospital workers have an estimated rate of 8.3 assaults per 10,000 workers compared to an estimated 2...more
In Mohamud v WM Morrison Supermarkets plc, the Court of Appeal decided that the employer was not vicariously liable for an employee’s assault on a customer. The fact that the employee was given exposure to customers as part...more