Law School Toolbox Podcast Episode 390: Listen and Learn -- Vicarious Liability (Torts)
Life With GDPR: Episode 41-Morrisons at the UK Supreme Court
Life With GDPR: Episode 22- Morrisons’ and vicarious liability
Potential for Vicarious Liability Under the Graves Amendment
On August 1, 2024, the Connecticut Supreme Court ruled in O’Reggio v. Commission on Human Rights and Opportunities that the definition of “supervisor” set forth by the U.S. Supreme Court in Vance v. Ball State University to...more
In a win for employers, the Connecticut Supreme Court defines “supervisor” narrowly for purposes of vicarious employer liability under Connecticut Fair Employment Practices Act - Under Connecticut’s civil rights law, an...more
When it comes to workplace-related incidents, the question of liability can often be complex and nuanced. One common scenario involves damage to an employee's car while parked in the employer's parking lot. This article...more
N.Y. Labor Law § 241(6) requires owners and contractors to provide reasonable and adequate protection and safety to persons employed at or lawfully frequenting a construction site. If a worker is injured on a construction...more
Ryanair accused Booking.com of several CFAA violations based upon Booking.com, through a third-party partner, accessing the password-protected "myRyanair" portion of the Ryanair website. Ryanair alleged, and the jury found,...more
On July 29, 2024, the Michigan Supreme Court held in Doe v. Alpena Public School District that the state’s civil rights law, Elliott-Larsen Civil Rights Act (“ELCRA”), does not provide a cause of action against an educational...more
A “supervisor,” for purposes of a Connecticut state hostile work environment claim, is an employee who is empowered by an employer to take tangible employment actions, the Connecticut Supreme Court recently held in O’Reggio...more
Can a student harassed by another student bring a lawsuit against the school for allegedly creating a hostile environment under state law? On July 29, 2024, the Michigan Supreme Court answered no....more
This month in Pettiford v. Branded Management Group, LLC, the Massachusetts Appeals Court took a novel approach to vicarious liability, holding that the failure of a restaurant’s employees to stop the allegedly racist actions...more
Sullivan v. Truist Bank, 2024 WL 422667 (E.D. Pa. Feb. 5, 2024) - The plaintiff-estate brought an action against the defendant-bank that raised negligence, vicarious liability, wrongful death and survival action claims. The...more
Allen v. Foxway Transportation, Inc., 2024 WL 0478015, No. 4:21-cv-00156 (M.D. Pa. Dec. 7, 2023) - In a tragic, fatal collision between a tractor trailer and a passenger vehicle, which was disabled after striking a deer, the...more
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
An Illinois federal district court judge recently held that State Farm Mutual Automobile Insurance Company (“State Farm”) may be vicariously liable for alleged Telephone Consumer Protection Act (“TCPA”) violations. In Nater...more
A federal court in Ohio recently granted summary judgment in favor of multiple hotel franchisors on sex trafficking claims brought under the Trafficking Victims Protection Reauthorization Act (TVPRA). S.C. v. Wyndham Hotels &...more
On May 6, 2024, the Consumer Financial Protection Bureau (CFPB) announced that it filed a complaint and two proposed stipulated final judgments to resolve its claims against the National Collegiate Student Loan...more
Two recent decisions emphasize the necessity of precisely examining a plaintiff’s complaint for potential defenses while keeping each element of the TCPA in mind. First, in Hulce v. Zipongo, Inc., No. 23-C-0159, 2024 WL...more
On February 20, 2024, the U.S. Court of Appeals for the Fourth Circuit (Fourth Circuit) vacated an unprecedented $1 billion judgment against Cox Communications, Inc. (Cox) for copyright infringement based on Cox’s customers’...more
The purported existence of a telemarketing contract and facts suggesting control over the calling party was enough to avoid dismissal of a Telephone Consumer Protection Act (TCPA) claim for vicarious liability in Pennsylvania...more
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
The question of vicarious liability in the context of nonemployment relationships has been a key issue confronting courts dealing with institutional sexual abuse claims. Indeed, the High Court of Australia will soon deliver...more
A Texas court of appeals affirmed judgment in favor of a plaintiff who claimed a franchisor was vicariously liable for a franchisee’s employee’s wrongful conduct....more
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
CASE LAW DEVELOPMENTS - This survey covers several 2022 cases involving disputes among parties to equipment leases or other personal property financings and cases involving third parties claiming to have related rights or...more
On Oct. 2, the Equal Employment Opportunity Commission (EEOC) released proposed enforcement guidance on harassment in the workplace, and the proposed guidance has been receiving quite a bit of attention. This begs the...more
As we’ve previously written, the rise of generative AI has led to a spate of copyright suits across the country. One major target of these suits has been OpenAI. Actor/comedian Sarah Silverman and author Paul Tremblay are...more