News & Analysis as of

Dismissals Vicarious Liability

McDermott Will & Emery

Tenth Circuit Contributes Clarity to Contributory Liability in Copyright Infringement

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Addressing the elements of contributory copyright infringement, the US Court of Appeals for the Tenth Circuit found that a plaintiff had plausibly alleged contributory copyright infringement when he alleged that the...more

Lathrop GPM

Illinois Appellate Court Upholds Dismissal of Vicarious Liability Claim Against Franchisor Due to Franchisor’s Lack of Day-to-Day...

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An appellate court in Illinois upheld a trial court’s dismissal of claims that franchisor was vicariously liable for the alleged actions of its franchisees. Shavers v. The UPS Store, Inc., 2023 IL App (1st) 221407-U (Ill....more

Lathrop GPM

Louisiana Appeals Court Affirms Dismissal of Vicarious Liability Claim

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An appellate court in Louisiana recently affirmed summary judgment in favor of a franchisor, dismissing negligence and premises liability claims asserted by a customer was injured on unauthorized exercise equipment. Flynn v....more

Faegre Drinker Biddle & Reath LLP

Texas District Court Joins the Third, Sixth, and Eleventh Circuit Courts of Appeal, Permitting a Private Right of Action for...

The Northern District of Texas, in Powers v. One Technologies, LLC, joined its sister courts and the Third, Sixth, and Eleventh Circuit Courts of Appeal to hold that 47 C.F.R. § 64.1200(d), which prohibits certain...more

Nutter McClennen & Fish LLP

Judge Salinger Dismisses "Conclusory Assertions" Against Project Manager in Commercial Real Estate Dispute

Judge Salinger dismissed a real estate developer’s counterclaims against a project manager, ruling that the counterclaim allegations did not “plausibly suggest that [project manager] [wa]s liable for the contractor’s...more

Genova Burns LLC

NJ Appellate Narrows the Road in Auto Dealership’s Sexual Harassment Case

Genova Burns LLC on

On May 18, 2021, in McBride v. Atlantic Chrysler Jeep, the New Jersey Appellate Division revived a Sales Consultant’s hostile work environment case against a car dealership after the Law Division previously dismissed it in...more

ArentFox Schiff

Virginia Supreme Court Recognizes Negligent Retention and Vicarious Liability for Acts of Retired Employee

ArentFox Schiff on

On April 29, 2021, the Supreme Court of Virginia reversed the dismissal of claims for negligent hiring or retention, vicarious liability, and negligent infliction of emotional distress where a complaint alleged that a retired...more

Faegre Drinker Biddle & Reath LLP

District of Nevada Applies Agency Principles to TCPA Suit Against Messaging Platform and Consumer-Info Company, Dismisses Claims

Last week, the District of Nevada contributed to a growing consensus among Ninth Circuit district courts that TCPA liability generally does not extend to companies that produce equipment used to place unlawful calls—such as...more

White & Case LLP

Court of Appeal confirms no liability for UK mining company in relation to human rights abuses in Sierra Leone

White & Case LLP on

The Court of Appeal's recent decision in Kadie Kalma & Ors v African Minerals Ltd stands as a stark reminder of the risks and responsibilities companies bear when operating in sectors and jurisdictions with a high risk of...more

Womble Bond Dickinson

Court Holds No Vicarious Liability Under TCPA for Text Message Sent by Wireless Carrier Promising Free Sandwich

Womble Bond Dickinson on

The TCPA not only carries draconian penalties, but courts as of late seem to have been rather lenient in allowing claims to proceed based on very thin theories of vicarious liability. However, an opinion by the Seventh...more

Winstead PC

Court Holds That Economic Loss Rule Bars Conspiracy To Breach Fiduciary Duty Claims

Winstead PC on

In Shopoff Advisors, LP v. Atrium Circle, GP, the buyer and seller to a real estate transaction sued each other. No. 04-18-00438-CV, 2019 Tex. App. LEXIS 5764 (Tex. App.—San Antonio July 10, 2019, no pet. history)....more

Parker Poe Adams & Bernstein LLP

Prior Harassment Claims Do Not Eliminate Employer's Use of Faragher-Ellerth Defense

Under Title VII, employers are vicariously liable for incidents of sexual harassment engaged in by supervisors. In its Faragher and Ellerth decisions, the U.S. Supreme Court acknowledged a limited defense to claims of...more

Vedder Price

TCPA Case Law Review (Vol. 8)

Vedder Price on

Although there have not been any groundbreaking cases to start the new year, 2019 is off to a good start for the TCPA defense bar. Several courts have denied class certification in putative TCPA class actions while other...more

Seyfarth Shaw LLP

The Fifth Circuit Holds That Lenders Cannot Be Held Vicariously Liable Under RESPA

Seyfarth Shaw LLP on

In a matter of first impression, the Fifth Circuit upheld a dismissal by the Northern District of Texas holding that a lender cannot be held vicariously liable for a loan servicer’s purported violation of the Real Estate...more

Eversheds Sutherland (US) LLP

Do as I say, not as I do: third-party liability and the TCPA

Many companies employ third parties to assist with communications to consumers, or to market their products and services through semi-independent agents, brokers, or contractors. As a result, companies may face vicarious...more

Proskauer - California Employment Law

California Employment Law Notes - September 2017

Jobseeker Website May Be Compelled To Disclose Identity Of Anonymous Posters Who Criticized Employer - ZL Technologies, Inc. v. Does 1-7, 13 Cal. App. 5th 603 (2017) - ZL Technologies brought suit, alleging libel per se and...more

Fisher Phillips

Blurred Lines: Texas Supreme Court Applies Hazy Distinction Between Workplace Harassment And Assault

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The Texas Supreme Court recently blurred the distinctions between harassment and assault claims as they apply to employer liability under the state’s antidiscrimination statute. In considering whether a plaintiff is required...more

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