News & Analysis as of

Employees Negligence

Littler

Minnesota Now Recognizes Claims for Negligent Selection of Independent Contractors

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Companies in Minnesota that work with independent contractors should be aware of a new legal risk.  In Alonzo v. Menholt, the Minnesota Supreme Court recognized a claim for the negligent selection of an independent...more

Maison Law

California Uber Accidents and Personal Injury Claims

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Uber is a California-born taxi service that relies upon apps on tablets, smartphones, and computers. Requests for service come with a few finger taps rather than hailing for cabs or competing with other taxi riders for...more

Marshall Dennehey

While Transit Entity Was Not Entitled to Summary Judgment Based on Municipal Immunity Where Issue of Fact Existed Whether Bus...

Marshall Dennehey on

Mencini v. Greater Cleveland Regional Transit Authority, 221 N.E.3d 200, 2023-Ohio-2299 (Ohio App. July 6, 2023) - This matter addressed the applicability of Ohio’s sovereign and municipal liability laws as they pertain to...more

Gray Reed

Who is responsible for the negligence of the “company man” on the well?

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Parkman v. W&T Offshore, Inc., et al features two contractors playing hot potato over liability for a company man’s alleged negligence. The takeaway: Write your Master Service Agreement to address your liability concerns, and...more

Holland & Hart - Employers' Lawyers

How to Address Damage to Company or Customer Property

Question: Can we legally require employees to reimburse the company for damage to customer or company property (i.e., the full amount of damages or insurance deductible)?...more

Freeman Law

Employer Liability for Acts of Employee | Texas Supreme Court Revisits Vicarious Liability, the “Come-And-Go” Rule, and the...

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On December 30, 2022, the Texas Supreme Court issued its opinion in Cameron International Corporation v. Martinez, __ S.W.3d __, 2022 WL __ (Tex. Dec. 30, 2022) (per curiam) (“Cameron”). The opinion addresses vicarious...more

Gray Reed

Texas Court Addresses MSA Indemnity Obligations

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At issue in RKI Exploration and Production LLC v. AmeriFlow Energy Services LLC and Crescent Services, LLC. were two Master Service Agreements.  RKI was the operator of a well in Loving County; AmeriFlow and Crescent were...more

Amundsen Davis LLC

Beware! – Illinois Employers Can Be Liable For An Employee’s Negligence

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Courts in the United States are split on whether a company’s acknowledgment of vicarious liability for an employee’s negligence, bars a claim of direct negligence against the company. Based on appellate court decisions,...more

Butler Snow LLP

Saving Time and Money: Preemption of Direct Negligence Claims Against Employers in Tennessee

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Although Tennessee courts recognize claims asserted against an employer such as negligent hiring, training, supervision, and entrustment, recent case law suggests that those claims may no longer viable after an employer...more

Saul Ewing LLP

Court Tosses Lawsuit by Employee and Spouse Seeking to Hold Employer Liable for COVID-19 Infection

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A federal court recently dismissed a lawsuit filed by an employee and his spouse seeking to hold his employer liable for both of them contracting COVID-19. The dismissal should bring comfort to employer anxiety over lawsuits...more

Bressler, Amery & Ross, P.C.

Affidavit of Merit May No Longer Be Required for Claims of Vicarious Liability in New Jersey

In a recent decision, the New Jersey Appellate Division provided new guidance on whether an affidavit of merit is required when a plaintiff’s sole claim against a health care facility is based on a theory of vicarious...more

Zuckerman Spaeder LLP

Gone Phishing: Employer Faces Liability for Mistakenly Disclosing W-2 Forms to Scammer

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Phishing. Spoofing. - These words may sound silly, but for employers, they are anything but. Phishing is the attempt to obtain sensitive electronic information—such as usernames, passwords, or financial...more

Fisher Phillips

Should Employers Allow Concealed Weapon Permit Holders To Carry Guns At Work?

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As mass shootings have continued with regular frequency in the United States, our country remains deeply divided, not only with the cause of these tragic events, but also on how to stop them from occurring. Many have called...more

Proskauer - Corporate Defense and Disputes

Eleventh Circuit Clarifies Broker-Dealer’s Liability For Employee’s Fraud

Will a broker-dealer be liable when a financial advisor employed by the firm solicits investments as part of a fraudulent scheme, where the firm specifically prohibited the advisor from soliciting the investment, the...more

Zelle  LLP

Employee Health Information: Separate and Secure

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There are several reasons an employer might have employee health information, ranging from the results of a pre-employment physical to the contents of a request for FMLA leave to what’s written in a health provider’s note...more

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