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Vicarious Liability Affirmative Defenses

WilmerHale

Disinformation Litigation Lessons From Media Co. Losses

WilmerHale on

In 2022 and early 2023, voting machine companies and the parents of school shooting victims won a string of court rulings against the media companies and personalities that had allegedly spread defamatory, viral lies about...more

Skadden, Arps, Slate, Meagher & Flom LLP

Video Gaming / E-Gaming Law Update – November 2019

Main Quest: Does Your Gaming Stream Violate the Copyright Act? Streaming platforms, such as Twitch, Mixer and YouTube Gaming, are quickly becoming household names, with daily viewership rates that rival those of more...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court of New Jersey Adopts Faragher/Ellerth Affirmative Defense

On February 11, 2015, the Supreme Court of New Jersey expressly adopted the test created by the United States Supreme Court in Faragher v. City of Boca Raton, 524 U.S. 775, 807 (1998) and Burlington Indus., Inc. v. Ellerth,...more

Mintz - Employment, Labor & Benefits...

You Take the Good, You Take the Bad: NJ High Court Offers Employers Avenue to Limit Vicarious Liability in Harassment Suits; But...

In Aguas v. State of New Jersey, the New Jersey Supreme Court recently adopted an affirmative defense—available under federal law since 1998—allowing employers to use their anti-harassment policies to limit vicarious...more

Cole Schotz

New Jersey Supreme Court Erects New Hurdle for Harassment Plaintiffs To Overcome

Cole Schotz on

Last week, the New Jersey Supreme Court analyzed the impact of an employer’s anti-harassment policy on an employee’s claims of negligence, recklessness and vicarious liability against employers under the New Jersey Law...more

FordHarrison

Boon to New Jersey Employers: State Supreme Court Confirms that Federal Faragher/Ellerth "Affirmative Defense" Now Applies to...

FordHarrison on

On February 11, 2015, New Jersey's Supreme Court formally decided an important issue left open for nearly two decades concerning New Jersey's Law Against Discrimination (LAD). In Aguas v. State of New Jersey, __ N.J. __, No....more

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