News & Analysis as of

Vicarious Liability

The Law Against Unfair Competition Amendment

by Allen & Overy LLP on

On November 4, 2017, at the 30th session of the Standing Committee of the 12th National People’s Congress (“NPC”) of China, the NPC approved a bill to amend the Law Against Unfair Competition, effective on January 1, 2018...more

Amendments to China’s Anti-Unfair Competition Law Broadens the Scope of Commercial Bribery, Imposes Vicarious Liability, and...

by Ropes & Gray LLP on

On November 4, 2017, the Standing Committee of the National People’s Congress (“NPC”) adopted amendments to China’s Anti-Unfair Competition Law (“Amended AUCL”). In 1993, the Chinese government enacted the AUCL to encourage...more

California Court Declines to Accept Broad Exception To Going & Coming Rule

In Morales-Simental v. Genentech, Inc. (A145865, filed 9/22/17, publication order 10/19/17), the California Court of Appeal, First Appellate District rejected the plaintiffs’ broad interpretation of the “special errand”...more

Sixth Circuit Holds Employer Not Vicariously Liable For Actions Of Alleged Supervisor In Title VII Same-Sex Sexual Harassment...

by FordHarrison on

Recently, the United States Court of Appeals for the Sixth Circuit in Hylko v. U.S. Steel Corporation affirmed the district court’s grant of summary judgment to the employer in a lawsuit alleging same-sex sexual harassment...more

International Legislative Update - September/October 2017

by Jones Day on

Germany—Major German insolvency law reforms designed to facilitate corporate group insolvencies will become effective on April 21, 2018. When the reforms come into force, they will supplement and complement the Recast...more

Federal Court Concludes Franchisor Was NOT Joint Employer

by Fox Rothschild LLP on

Another case has been decided adding to the back and forth in the legal world on the issues of a joint employer relationship of a franchisor and its franchisee and vicarious liability and agency between a franchisor and...more

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

Social media and the workplace in South Africa

by Dentons on

Big Brother is watching you: a snapshot analysis of the employee’s right to freedom of expression and right to privacy versus the employer’s right to protect against reputational and brand damage....more

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

InterConnect FLASH! No. 63 - Employee v. IC: Dual Role of Agent and Small Fleet Owner

by Benesch on

The ‘Agent Model’ is commonly used by motor carriers operating with independent contractors (“ICs”) to increase capacity in various markets. The model allows the motor carrier to align certain increased costs; e.g., sales,...more

Ninth Circuit Declines to Hold Seller Vicariously Liable for Third-Party Telemarketer’s TCPA Violations

Takeaway: Decisions addressing a seller’s exposure to vicarious liability for calls placed by a third-party telemarketer in violation of the Telephone Consumer Protection Act (“TCPA”) offer little predictability or guidance....more

Russian Insolvency Law recently amended to expand vicarious liability. A new rescue procedure may also soon appear.

by Dentons on

Expanded vicarious liability rules - New Federal Law No. 266-FZ dated 29 July 2017 (the Amendment Law) introduces notable changes to Russia’s insolvency rules. Importantly, the law does away with the original provisions on...more

Superior Court of Pennsylvania Holds Management Companies of Long-Term Care Facilities May Be Vicariously Liable for Corporate...

On August 8, 2017, nearly twelve years after Plaintiff Robert Scampone initiated suit against skilled nursing facility Highland Park Care Center (Highland Park) and its management company Grane Healthcare Company (Grane)...more

Companies Potentially Liable for Independent Contractors & Third-Party Vendors

by Selman Breitman LLP on

On August 9, 2017, the Ninth Circuit published an opinion analyzing the factors used to determine when a company may be liable for the actions of third parties acting as its agents in Jones v. Royal Administration Services,...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

FRANCHISOR 101: Manual Overload

by Lewitt Hackman on

A franchisor's investment in brand standards, protection and control often comes at a cost when a consumer believing or claiming to believe the franchisor and franchisee are the same, seeks to hold a franchisor liable for a...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

Sixth Circuit Shuts Down EEOC’s Appeal In Sex Harassment Suit

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In a sexual harassment lawsuit brought by the EEOC, the Sixth Circuit affirmed a U.S. District Court’s grant of an employer’s motion for summary judgment after finding that the harassing employee was not a...more

Texas Two-Step: Gig Businesses In The Lone Star State Get Two Pieces Of Good News

by Fisher Phillips on

Gig economy companies in Texas were on the receiving end of two pieces of good news in the last several weeks. Most recently, the state legislature passed and the governor signed into law a bill that will all but assure...more

Hotels Shake Off Vicarious Liability Claim In TCPA Suit

by Reed Smith on

Plaintiffs attempting to hold hotels vicariously liable for telemarketing calls placed by another company selling timeshares have failed in their efforts. VIP Travel Services and United Shuttle Alliance Transportation...more

Court Grants Multiple Motions To Dismiss In TCPA Vicarious Liability Case

by King & Spalding on

On May 10, 2017, the United States District Court for the Western District of Michigan granted the multiple motions to dismiss of hotel chains AM Resorts, LP and Newport Hospitality, LLC (collectively, “Resorts”) in a...more

Guest Post: District Court Rejects Vicarious Liability Claims under the TCPA

A Michigan district court recently weighed in on the availability of vicarious liability for violations of the Telephone Consumer Protection Act (the “TCPA”). In Kern v. VIP Travel Servs., the plaintiffs received several...more

Dish Network Liable for $61 Million in Treble Damages for Service Provider's TCPA Violations

by Ballard Spahr LLP on

A recent federal court ruling provides a potent reminder that companies can be held liable for consumer protection law violations committed by third-party vendors—and underscores the importance of maintaining strong vendor...more

Subrogation Against Parents for Actions of Their Children

by Cozen O'Connor on

Can parents be held responsible for property damage caused by their children? Almost every state in the country has adopted some form of a parental liability statute, which forms the legal basis for holding parents...more

Defence & Indemnity - An Analysis of Insurance Case Law and Legislation - April 2017

by Field Law on

I. INSURANCE ISSUES - A. The Alberta Court of Appeal reiterated that policies cover insured perils but not pre-existing deficiencies in the property that are not caused by the peril, but only discovered as a result of...more

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