News & Analysis as of

Respondeat Superior

Was the Guy who hit you on a “Special Errand” for his Employer?

Woodland Hills personal injury attorney Barry P. Goldberg analyzes serious car accident cases on a daily basis. Often, the issue is not whether the defendant was at fault or whether the plaintiff was seriously injured. ...more

Open Questions on Media Company Liability for Statements Made by Talent

by Akin Gump - Excubitor on

A recent case has raised questions about whether or not a media company can be held liable for defamatory statements made by its talent on social media. The case arose after a falling out between two television stars, Mykel...more

Remedies – Admission of Vicarious Liability not a Shield to Punitive Damages

by Low, Ball & Lynch on

CRST, Inc., et al. v. The Superior Court of Los Angeles County- Court of Appeal, Second Appellate District (May 26, 2017)- In CRST, Inc., et al. v. The Superior Court of Los Angeles County, the California Court of...more

Indiana Court of Appeals Allows Negligent Hiring Claim Despite Admission that Employee Acted Within Scope of Employment

by Reminger Co., LPA on

The Indiana Court of Appeals recently determined that a negligent hiring claim against Pizza Hut can continue to move through the trial court after finding that the trial court erred when it granted summary judgment in favor...more

“Going and Coming” Rule Applied for Commute from Paid Hotel to Jobsite

Woodland Hills Personal Injury Attorney Barry P. Goldberg is always looking for sources of additional recovery in all serious motor vehicle accident cases because most negligent drivers simply do not carry enough liability...more

Respondeat Superior: An Employer’s Liability for Torts of Its Employees and “The Required Vehicle Exception.”

Woodland Hills personal injury lawyer Barry P. Goldberg is always looking for alternative sources of recovery, particularly in substantial injury and wrongful death cases. When the applicable bodily injury limits for the at...more

Caleb Wardrett v. City of Rocky Mount Police Department, Det. Clifton and Det. Denotter - United States District Court for the...

by Poyner Spruill LLP on

The federal court granted summary judgment for the City of Rocky Mount, its Police Department and detectives in a case brought against them under 42 USC §1983 where claims were asserted for malicious prosecution and false...more

Labor Code § 2708 Presumption of Employer Negligence is Not Applicable Against Homeowners Who Hired Unlicensed Painting Company

In Vebr v. Culp (Filed 10/28/2015, No. G050730), the Fourth District Court of Appeal affirmed a trial court’s grant of summary judgment in favor of homeowners, where an employee of an unlicensed painting company was injured...more

Can a Corporation Survive a Criminal Conviction? (Part III of IV)

by Michael Volkov on

In my continuing series on corporate criminal prosecutions, an important assumption for many DOJ policies and corporate counsel representation is that a company cannot survive a criminal conviction....more

Employer Liability for Employees’ Privacy Violations: What your organization should learn from Walgreens’ expensive lesson (hint:...

by Poyner Spruill LLP on

You may already have read the scintillating facts surrounding a jury award of $1.44 million (recently challenged unsuccessfully on appeal) against Walgreen Co. (Walgreens) following its pharmacist’s alleged inappropriate...more

Indiana Appeals Court Upholds Jury Verdict For Pharmacist’s Wrongful Use Of Patient Information

by King & Spalding on

A recent decision by the Court of Appeals of Indiana reinforces the peril faced by health care employers when employees authorized to access confidential information do so for improper purposes. In Walgreen Co. v. Hinchy, the...more

New Hampshire Court Dismisses Negligent Hiring and Retention Claims as Redundant of Motor Carrier’s Vicarious Liability

by LeClairRyan on

A New Hampshire trial court recently ruled that negligent hiring and retention claims asserted against a motor carrier on behalf of persons seriously injured in a multi-vehicle accident are redundant of the motor carrier’s...more

Appellate Court Notes - Week of March 19

by Pullman & Comley, LLC on

AC35167 - Perugini v. Giuliano: Pro se husband sued his ex-wife’s lawyers claiming violation of the RPC and intentional infliction of emotional distress for failure to disclose the attorney’s past representation of the...more

Vicarous Liability Limitations for Actions Outside Scope of Employment of Temporary Worker

by Low, Ball & Lynch on

Sara Montague, et al. v. AMN Healthcare, Inc. - Court of Appeal, Fourth Appellate District (February 21, 2014) - Under the doctrine of respondeat superior, an employer is vicariously liable for the torts of its...more

Trial Court Dismisses Negligent Hiring, Retention Claims Against Motor Carrier

by LeClairRyan on

A New Hampshire trial court recently ruled that negligent hiring and retention claims asserted against a motor carrier on behalf of persons seriously injured in a multi-vehicle accident are redundant of the motor carrier's...more

Employers Beware: You May be Liable for Your Employees’ Tortious Off-Duty Conduct during Their Commutes

In Moradi v. Marsh USA, Inc., the California Court of Appeal concluded that employees who are required to use their personal vehicles to travel to and from the office and make other work-related trips during the day are...more

California Court Limits “Coming And Going” Exception In Finding Employer Liable For Car Accident That Occurred While Employee Was...

Employers sometimes face vicarious liability for personal injury and property damage when employees use their own vehicles in connection with the performance of their job duties and get into traffic accidents. When facing...more

Second Circuit Holds that Allegations of Direct Fraudulent Representations Are Necessary for Market Manipulation Claims Under...

In Fezzani v. Bear, Stearns & Co., Inc., No. 09-4414-cv, 2013 WL 1876534 (2d Cir. May 7, 2013), a 2-1 majority of a panel of the United States Court of Appeals for the Second Circuit held that plaintiffs’ failure to plead...more

Employer Was Released From Liability In Settlement Agreement Between Employee And Third Party

Heriberto Ceja Rodriguez sued Takeshi Oto for injuries he sustained in an automobile accident. Unbeknownst to Rodriguez, at the time of the accident, Oto was driving from an event related to his employment. (Oto was driving a...more

Protecting the Workforce from Violence

by Snell & Wilmer on

Tragic acts of violence have taken over our headlines and can destroy not only lives, but businesses. With the rise in reported gun violence, the numerous recent tragedies around the country and continued economic troubles...more

Title Insurers Not Liable For Agent's Negligence

by Ballard Spahr LLP on

Title insurance companies can enforce exculpatory provisions in title insurance policies that exclude liability for tort claims based on a negligent title search performed by an agent, Maryland's highest court has ruled....more

Supreme Court of Virginia Grants Cert in Respondeat Superior Case

by Sands Anderson PC on

Hat tip to the Virginia Lawyers Weekly for covering a story about a recent case that may have a far-reaching impact on the doctrine of respondeat superior in Virginia. The Supreme Court of Virginia has granted certiorari in a...more

Religious Institutions: October 2012 Update

by Holland & Knight LLP on

Most secular and religious corporations have adopted electronic communication policies which state that employees have no privacy interest in their emails and Internet usage. Typically, the policies indicate that the...more

Ohio Law Banning Texting While Driving May Have Implications For Employers

Ohio’s statewide ban on texting while driving went into effect on August 31, 2012 and is now the law. See Ohio Revised Code §§ 4511.204 & 4511.205. House Bill 99, which set forth the ban, was signed into law on June 1, 2012,...more

Arizona Supreme Court Limits Employer’s Vicarious Liability For Employee’s Off-Duty, On-Location Assignment Car Accident

On July 9, 2012, the Arizona Supreme Court issued an employer-friendly opinion holding that an employer was not vicariously liable for negligent conduct committed by an employee during an out-of-town assignment, after work...more

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