News & Analysis as of

Vicarious Liability

Harris Beach Murtha

NY Court of Appeals Clarifies What Sustains Labor Law § 241(6) Claim

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A prerequisite to prevailing on a Labor Law § 241(6) claim is showing a violation of an Industrial Code regulation containing “concrete specifications” applicable to the alleged facts. Ross v. Curtis-Palmer Hydro-Elec. Co.,...more

Ropers Majeski

Court of Appeals Clarifies Industrial Code Specificity Under Section 241(6)

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The New York Court of Appeals recently issued its decision in Mann v. Mezuyon, LLC, resolving a longstanding split among the Appellate Division departments over whether 12 NYCRR § 23-4.2(k) is sufficiently specific to serve...more

Steven M. Sweat, Personal Injury Lawyers, APC

Last-Mile Delivery’s Safety Problem: The FMCSA Gap in the Amazon and FedEx Era

The package on your doorstep arrives faster than ever — and the system that put it there has quietly placed a new class of commercial vehicle on residential streets at a scale the law never anticipated....more

White & Case LLP

The Cox effect: should eCommerce platforms get too comfortable?

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Contributory copyright liability for e-commerce platforms is in flux after the Supreme Court's recent ruling in Cox Communications, Inc. v. Sony Music Ent, 146 S. Ct. 959 (2026). The decision narrows years of precedent...more

Lathrop GPM

Hotel Franchisors Escape Direct TVPRA Liability but Face Vicarious Liability Claims

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A federal court in Illinois granted in part and denied in part several motions to dismiss TVPRA and Illinois Trafficking Victims Protection Act claims arising from alleged sex trafficking at multiple Chicago-area...more

Gordon Rees Scully Mansukhani

Montgomery v. Caribe Transport II, LLC: A Turning Point in Freight Broker Liability

Clients in the transportation and logistics industry should be aware of a significant shift in liability exposure following a recent United States Supreme Court decision. The ruling has immediate implications for freight...more

Vondran Legal

Factors that may support a finding of "willful copyright infringement"

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In copyright litigation, identifying the facts that may support a finding of willful infringement can be critical in any case, whether you are on the plaintiff or defense side. A willfulness finding may significantly increase...more

Vorys, Sater, Seymour and Pease LLP

The Supreme Court Has Spoken: What the Montgomery Decision Means (and Doesn’t) for Transportation Brokers and the Top Ten Critical...

The U.S. Supreme Court has unanimously held that the Federal Aviation Administration Authorization Act (FAAAA) does not preempt state law claims against transportation brokers for negligent hiring of motor carriers in...more

Carr Maloney P.C.

Court of Appeals resolves Appellate Division split and explains when a statute is “sufficiently specific” in order to establish...

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Last week, the Court of Appeals decided whether the statutory language of Industrial Code Section 23-4.2(k) was “sufficiently specific” to impose vicarious liability against a construction site owner under Labor Law § 241(6)....more

Marshall Dennehey

Florida Appellate Court Affords Lyft Broad Immunity Under Section 627.748(18), Florida Statutes (2022), for the Actions of One of...

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Florida’s Fourth District Court of Appeal affirmed the dismissal of negligent and fraudulent misrepresentation claims against transportation network company (TNC), Lyft Florida, Inc., concluding such claims are barred by the...more

Hanson Bridgett

Supreme Court Unanimously Holds Negligent-Hiring Claims Against Freight Brokers Survive FAAAA Preemption

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Today, in Montgomery v. Caribe Transport II, LLC, a unanimous Supreme Court held that negligent carrier selection claims are saved by the FAAAA’s safety exception. Justice Barrett, writing for the majority, applied a...more

Loeb & Loeb LLP

Nazemian v. NVIDIA Corporation

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District court denies in large part AI developer NVIDIA’s motion to dismiss, finding authors plausibly stated claims for direct and contributory copyright infringement based on allegations that NVIDIA trained multiple LLMs...more

Marshall Dennehey

Pennsylvania Superior Court Refines Co-Employee Immunity

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Brown v. Gaydos, 2026 WL 450635 (Pa. February 18, 2026) - In this matter, the plaintiff was seriously injured while operating a skid steer. The skid steer was owned by the defendant personally, but was loaned to the...more

Lathrop GPM

Florida Federal Court Dismisses TVPRA Claim Against Hotel Franchisor

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A Florida federal court recently dismissed a claim alleging Wyndham Hotels & Resorts, franchisor of the Days Inn brand, violated the Trafficking Victims Protection Reauthorization Act (TVPRA). Weiner v. Wyndham Hotels &...more

Goldberg Segalla

Avoiding a Direct Hit: Utilizing the McHaffie Rule to Protect Motor Carriers from Direct Liability Claims

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Personal injury lawsuits arising out of trucking accidents are usually filed against both the motor carrier and its driver. Plaintiffs typically assert both vicarious and direct liability claims against the carrier, the...more

Butler Weihmuller Katz Craig LLP

Time Bar on Vicarious Liability Claim Satisfies Adjudication Requirement of Exoneration Rule

Even in the absence of active negligence, entities may be vicariously liable under Florida law for the actions of others. Two common examples of this are the dangerous instrumentality doctrine, under which the owner of a...more

Marshall Dennehey

Florida Court Affirms Dismissal of Claims Against Lyft, Clarifying TNC Immunity at the Pleading Stage

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Harrell v. Martinez, et al., 425 So.3d 738 (Fla. 3d DCA 2025) - Florida’s Third District Court of Appeal affirmed a trial court order dismissing a lawsuit against Lyft, arising from a motor vehicle accident. The plaintiff...more

Marshall Dennehey

Supreme Court Addresses Conflicts Between Federal and State Law Regarding Negligent Hiring Claims Against Freight Brokers

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Montgomery v. Caribe Transport II, LLC et al., No. 24-1238 (U.S. Filed Oct. 3, 2025) - This case arises from a collision on an Illinois highway between a motorist and a tractor-trailer operated by a driver employed by the...more

Marshall Dennehey

Texas Supreme Court to Determine if a Shipper Owes a Duty to a Third-Party Motorist Injured by a Freight Carrier

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In re Home Depot U.S.A., Inc., ___ S.W.3d ___, 2025 WL 899848 (Tex. App. Houston [14th Dist.] 2025), argument granted on pet. for writ of mandamus (Feb. 6, 2026) [25-0317] - This case arises from an accident in which a driver...more

Fish & Richardson

SCOTUS Narrows Secondary Copyright Liability

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On March 25, 2026, the U.S. Supreme Court held that internet service provider Cox Communications was not contributorily liable for copyright infringement committed by its users, even where it had knowledge that certain users...more

McDonnell Boehnen Hulbert & Berghoff LLP

AI in aviation: Innovation and legal complexities

Failure in the aviation industry, though rare, is often catastrophic. As AI adoption increases across industries, it is inevitable that the aviation industry embeds AI into more of its operations – from maintenance and crew...more

Troutman Pepper Locke

The View From London: ‘New Deal for Working People’ (Part 2 of 2)

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The UK government elected in July 2024 has directed a flurry of activity toward implementation of its flagship “New Deal for Working People,” which it has billed as the largest strengthening of employment rights in a...more

Ice Miller

Supreme Court Limits Secondary Copyright Liability in Cox Communications, Inc. v. Sony Music Entertainment

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On March 25, 2026, the Supreme Court of the United States issued a landmark decision in Cox Communications, Inc. v. Sony Music Entertainment that significantly narrows the circumstances under which online service providers...more

Marshall Dennehey

School Districts Can Be Vicariously Liable When Students Are Sexually Abused by Their Employees

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In a precedential, consolidated opinion decided on March 11, 2026, the New Jersey Supreme Court held in Hornor v. Upper Freehold Regional Board of Education and Simpkins v. South Orange-Maplewood School District that the...more

Morrison & Foerster LLP

Supreme Court Narrows Internet Service Providers’ Potential Liability for Contributory Copyright Infringement

Can an Internet service provider be held liable for copyright infringement by its subscribers? In Cox Communications, Inc. v. Sony Music Entertainment, 607 U.S. ____ (2026), the Supreme Court narrowed the scope of...more

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