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Last update: Mar 20, 2007
Kilpatrick Stockton: Employers' Liability for Their Employees' Int... Oct 01, 2005
Thus, this article begins with a brief overview of respondeat superior liability. By far the most common form of vicarious liability, or imputed negligence, is respondeat superior liability, by which "the master, or employer, is liable for the negligent acts or omissions of his servant, or employee, while acting as such."2 The rationale behind respondeat superior hability is the need for compensation that is typically unavailable from employees who are unlikely to havethe assets to pay
Sills Cummis: 2005h August Alert.pdf Aug 01, 2005
A question of fact also existed as to whether the Beach Trading employees who provided information to Kasindorf were acting within the scope of their employment and "thereby rendering Beach Trading potentially liable under the doctrine of respondeat superior." According to the Appellate Division, there was insufficient evidence in the record to determine whether these individuals were authorized to respond to employment inquiries. Another factual dispute was whether Kasindorf relied on
Gibbons: Employer Not Liable For Constructive Discharge For Sugg... May 11, 2005
The Court further held that an employee will not establish the elements of a hostile work environment claim unless he/she establishes respondeat superior liability against the employer, which the plaintiff failed to do in this case. 1990), held that employing conventional agency principles, respondeat superior liability exists when the employer "knew or should have known of the harassment and failed to take prompt remedial action." It further held that the employer will be liable when "plaintiff
Gibbons: Employment & Labor Law Alert May 10, 2005
The Court further held that an employee will not establish the elements of a hostile work environment claim unless he/she establishes respondeat superior liability against the employer, which the plaintiff failed to do in this case. Click Here for Full Article and Case Links
Troutman Sanders: Emergency Preparedness and Response: Legal Issues for I... May 01, 2005
Institutional liability may be based on respondeat-superior liability, where the volunteer is seen as an agent of the institution. Liability may also result if a court finds that a hospital was negligent in its credentialing of volunteer physicians
Lane Powell: Long Term Care and Senior Housing Industry is on P Nov 23, 2004
Respondeat superior liability for acts of employees and managers; 10. Misrepresentation; and 11
Akerman Senterfitt: 09/20/04 - Insurance-Related Appellate Update Sep 20, 2004
Preston Gates & Ellis: Employee Use of Email and the Internet - Considerations... Jun 28, 2004
These include:Respondeat superior liability. Employee bad acts, including misuse of email and the Internet, can create liability for the employer if the bad acts are within the employee's scope of employment
Ropes & Gray: Brien O'Connor and Peter Welsh Write on The Ashcro... Mar 01, 2004
Under the doctrine of respondeat superior, moreover, the government has breathtakingly broad power to convict an organization based solely on misconduct by even just one employee. Under the doctrine of respondeat superior, a corporation may be held criminally liable for any criminal act of an employee taken within the scope of employment and intended, at least in part, to benefit the corporation
Clifford Chance: Contrasting Liability of Owners and Lessors for A... Dec 04, 2003
This statute altered the common law rule that a vehicle owner could be held liable for the negligence of a permissive driver only under agency or respondeat superior theories. 13 Similar laws exist in several other states
Sedgwick: The Battle of the Bulge: Trends in Bariatric Surgery Nov 01, 2003
A hospital may also bear liability on a respondeat superior theory for the negligence of its nursing staff and other employees. In addition to medical malpractice liability, the hospital might incur liability for failure to maintain appropriate equipment necessary for bariatric surgery, and a properly trained staff with expertise in bariatrics
Calton Fields: Current Trends in Real Estate Litigation Oct 29, 2003
But also, the employer can be liable for employee misconduct, under the theory of respondeat superior and property owners can be liable for acts of real estate agents. Holly v. Crank, 258 F.3d 1127, 1131-1132 (9th Cir
Ropes & Gray: The Department of Justice's Guidelines for the Pro... Jun 05, 2003
Ropes & Gray: Guidelines for the Prosecution of Business Organization... Jun 05, 2003
On the other hand, the Memo acknowledges albeit rather grudgingly that "in certain limited circumstances, it may not be appropriate to impose liability upon a corporation, particularly one with a compliance program in place, under a strict respondeat superior theory for a single isolated act of a rogue employee." Id. 3 In announcing the indictment of Arthur Andersen, LLP, for example, Deputy Attorney General Thompson
Seyfarth Shaw: California Labor & Employment Law Update Mar 01, 2003
Respondeat Superior Liability Employer May Be Liable For Car Accident Caused By Sick Employee Driving Home From Work. Irma Hernandez was employed by Minimed, Inc., as a clerical worker
Lane Powell: Defending Health Care Fraud and Abuse Feb 20, 2003
The provider can be held responsible even if the wrongful act was unauthorized or against corporate policy, pursuant to customary respondeat superior analysis. Judicial interpretations of requisite criminal intent in the health care abuse context have been largely unfavorable to providers, particularly when the provider's defense centers on a lack of actual knowledge of the wrongful act, policy, or practice
Hogan & Hartson: "Case Law Supplement To Liability from Hazardous M... Dec 01, 2002
Quinn Emanuel: Right of Publicity: Fictional Statements Not Actionable... Sep 01, 2002
Steel Hector & Davis: Insurance Briefing Jul 16, 2002
Potential claims against insurers include secondary theories of liabilities, such as respondeat superior, aiding and abetting, and conspiracy. Plaintiffs might also assert federal or state securities claims, contending that viaticals are investment contracts
Frost Brown Todd: Representing Media Clients and Their Employees in Newsg... Jul 01, 2002
Vinson & Elkins: "Representing Media Clients and Their Employees in... Jul 01, 2002
Vinson & Elkins: "Representing Media Clients and Their Employees in... Jul 01, 2002
Thelen Reid & Priest: Disability Discrimination: Recent Developments Under Th... Jun 01, 2002
New York has not enacted its own state-version of the FMLA. State tort law may impose liability on an employer under theories of negligence or respondeat superior to third parties for injuries caused by impaired or emotionally disturbed employees. Inquiries into or the disclosure of private facts about an employee may trigger state invasion of privacy claims
Hinshaw & Culbertson: Lawyers' Professional Liability Update May 01, 2002
Hayboo: A Corporate Counsel's Guide to the Basics and Tren... Apr 24, 2002
Victim's lawyer pleads assault against both Employee and Corporation, alleging that the assault was committed in the scope of employment and that Corporation is vicariously liable for the assault under respondeat superior. Victims's lawyer, who just attended a seminar on insurance coverage, also pleads various negligence claims against Corporation, such as negligent hiring, training, and supervision
Preston Gates & Ellis: Employment & Labor Law Department Update Winter 2002 Feb 11, 2002
Plaintiffs may attempt not only to sue the employee, but also to hold the employer responsible for the accident under a theory of respondeat superior. Employers strictly liable for harassment by supervisorsIn Department of Health Services v. Superior Court of Sacramento, the California Court of Appeals ruled that employers are strictly liable for the harassing conduct by supervisors, even where the employer did not know and had no reason to know of the supervisor's harassing conduct
Ballard Spahr: Download a PDF version of this newsletter Feb 01, 2002
Federal Judge in the District of Columbia Strikes Down President Bush's Executive Order Requiring Federal Contractors to Post Beck Notices Human Resources Focus: The "New" OFCCP New Jersey Superior Court Holds That Transsexuals Are Protected Under State Discrimination Law Maryland Law Banning Homosexual Bias Goes Into Effect Challenge in the Workplace: Addressing Workplace Issues in a New World. New Jersey Superior Court Holds That Transsexuals Are Protected Under State Discrimination Law In
Drinker Biddle & Reath: Napster And The Digital Age: The Future Of Copyright La... Jan 21, 2002
Contributory infringement is grounded in the tort concept of enterprise liability; vicarious liability is rooted in the tort concept of respondeat superior. Regrettably, the two concepts often have been lumped together
Adams Kleemeier: Psychologists Now Can Testify as to the Cause of Certai... Jan 01, 2002
If the owner-operator was acting within the scope and course of his "employment" when he injured the third party, the carrier may be held vicariously liable for the owner-operator's actions, and the third party may be entitled to recover damages under the theory of respondeat superior. See Parker, 123 N.C. App
Adams Kleemeier: North Carolina Compendium Jan 01, 2002
If the owner-operator was acting within the scope and course of his "employment" when he injured the third party, the carrier may be held vicariously liable for the owner-operator's actions, and the third party may be entitled to recover damages under the theory of respondeat superior. See Parker, 123 N.C. App
Morgan Lewis: Violence in the Workplace Oct 01, 2001
1 In addition to liability under OSHA, employers may be held liable under theories of negligence, including vicarious liability (respondeat superior), negligent hiring, retention, and supervision, and premises liability. Vicarious liability is predicated on the agency relationship between the employer and employee, and was therefore traditionally limited to acts committed by the employee within the scope of employment
Weil: Supreme Court Rules That Sole Owner Of Corporation May ... Oct 01, 2001
The Supreme Court also noted that it was not holding that ordinary respondeat superior principles make a corporation legally liable under RICO for the criminal acts of its employees. To the contrary, the Court stated, that is a matter of congressional intent not before us
Lane Powell: Privacy In The Workplace Sep 11, 2001
See Mark Ishman, Computer Crimes and the Respondeat Superior Doctrine: Employers Beware, 6 B.U. J. Sci. An employer may be held liable under "respondeat superior" for an employee's wrongful act if: (1) the act occurred within the scope of the employee's employment; and (2) the wrongful act was known or should
Arnold & Porter: Obligations of a Broker- Dealer to Supervise the Securi... Sep 01, 2001
In addition, common law agency principals, such as respondeat superior, may have been the genesis of this concern. Generally, however, principals are not liable for the actions of their agents when done outside of the scope of their employment
Musick Peeler & Garrett: RECENT INSURANCE CASE UPDATE May 02, 2001
The nurse's insurer was not a "co-obligor" because it never had an obligation to defend or indemnify the medical malpractice action because its insured, the nurse, was never named in that lawsuit even though her alleged negligence may have been attributable to the hospital under respondeat superior principles. Kazi v. State Farm Fire Co. 24 Cal.4th 871, 103 Cal.Rptr
Morgan Lewis: Critical Labor and Employment Issues Affecting Emerging... Apr 01, 2001
Employers may be held liable under theories of negligence, including vicarious liability (respondeat superior), negligent hiring, retention, and supervision, and premises liability, as well as for breach of statutory duties under the Occupational Safety and Health Act's general duty clause. In order to avoid workplace violence and minimize liability if an incident does occur, employers must develop a cohesive workplace violence prevention program
Strasburger: Motor Carriers' Liability for Acts of Independent ... Jan 01, 2001
1994) ("[carrier/lessee] vicariously liable as a matter of law for [owner/operator's] negligence and the traditional common law doctrine of master servant relationships and respondeat superior does not apply". Rodriguez v. Ager, 705 F.2d 1229, 1236 (10th Cir
Mayer Brown: Labor and Employment Newsletter - Divided Seventh Jul 23, 2000
A majority of the court rejected the opinion of three judges (Judges Wood, Rovner and Easterbrook) that "respondeat superior" is the appropriate standard. According to the respondeat superior theory, an employer would be liable if the sexual harassment was committed by a supervisor in the course of exercising his actual or apparent supervisory responsibilities, was foreseeable, and subjects the employer to liability under state law
Mayer Brown: Labor and Employment Newsletter - New Rule on Reporting... Jul 23, 2000
Bell: Drawing the Boundaries of Negligent-Hiring Claims Jul 01, 2000
Contrary to the general belief among practitioners who have been steeped in the notion that respondeat superior "let the master answer" is an automatic and reliable way to pass along liability from tortfeasor-employee to employer, in Illinois the general rule is that a defendant employer does not have a duty to control the conduct of an employee to prevent harm to a third party. Geimer v Chicago Park District, 272 Ill App 3d 629, 650 NE2d 585 (1995)
Arnold & Porter: The Second Circuit Blesses the CFTC's Tough Stance... Jan 01, 2000
...empted agency liability; it held instead that Section 13(b) "is designed to supplement, rather than replace, respondeat superior liability by adding controlling person liability." The court implicitly adopted this conclusion by finding Guttman liable under section 2(a)(1)(A) of the CEA. At the same time, in the course of finding liability under agency principles, both the Commission and the court were careful not to confirm the exchanges' - and others' - worst fears. Both decision makers
Bryan Cave: Government Business Issues ? January 2000 Jan 01, 2000
Instead, the actions of individuals within the corporation should be considered a potential vehicle for imposing liability on the corporation through the doctrine of respondeat superior. In such cases, a
Sidley Austin: Employers Group Newsletter November-December 1999 Dec 01, 1999
Vinson Elkins: More than Just a Modem: Telecommuting Issues from the E... Nov 01, 1999
Morgan Lewis: When Is an Individual an Independent Contractor and Not... Feb 01, 1999
Issues such as respondeat superior liability hung in the balance of that determination. The courts developed various tests to determine whether workers were servants or independent contractors
Troutman Sanders: Winter 1999 Jan 01, 1999
Under Title VII and the ADA, a supervisor is merely an agent of the employer; therefore,theemployerisliableforthatsupervisor's actions under principles of respondeat superior. Under the FMLA, however, the courts have ruled that a supervisor is an "employer," potentially personally and individually liable for violations of the leave law
Troutman Sanders: Fall 1998 Oct 01, 1998
Littler Mendelson: Fall 1998 Oct 01, 1998
In Gebser's suit seeking damages for Waldrop's actions, the Supreme Court concluded that it would "'frustrate the purposes' of Title IX to permit a damages recovery against a school district for a teacher's sexual harassment of a student based on principles of respondeat superior or constructive notice, i.e. without actual notice to a school district official." The Court's decision in this case does not affect any rights that an individual may have against a school district under state law or
Morgan Lewis: Discovery and Trial in Sexual Harassment Cases from Def... Aug 31, 1998
" Ellerth, 118 S. Ct. at 2260.© 1998 Morgan, Lewis us LLP 7 retaliation if she reported to her supervisors' superiors, Faragher went to a lifeguard training captain, who told her to "stick it out" because the City did not care. Although the City did have a sexual harassment policy, it was never circulated to the employees and did not provide any reporting mechanism for victims. When the City eventually learned of the harassment, they docked the supervisors' vacation time. Faragher filed suit.
Morgan Lewis: The Prevention and Investigation of Sexual Harassment C... Jul 01, 1998
Weil: Additional Recent Decisions Of Note Jun 01, 1998
" US Airways Group, Inc. v. British Airways PLC, 989 F. Supp. 482 (S.D.N.Y. Dec. 29, 1997) United States District Court for the Southern District of New York dismisses a claim by USAir against British Airways ("BA") for respondeat superior liability based upon alleged wrongdoing by BA directors who also served as USAir directors. The dispute arose out of an alliance between USAir and BA that begin in 1992 and BA's decision in 1995 to pursue an alliance with American Airlines ("AA") instead of
Epstein Becker & Green: What is An Employee?: Independent Contractor vs. Employ... Jan 01, 1998
Another example arises in connection with respondeat superior in tort law. 8 See, e.g., Bartels v. Birmingham, 332 U.S. 126 (1947) (finding that band members were employees of band leader, not of dance hall, for purposes of Social Security); Brock v. Superior Care, Inc., 840 F.2d 1054 (2d Cir
Lane Powell: Handling Employment and Premises Liability Claims Jan 01, 1997
...of respondeat superior and negligent supervision of its workers. The court declined to extend liabilityon either basis, maintaining the traditional view that if the activities are outside the scope of the employer's employment, plaintiff must prove that the employer knew or should have known of the employee's criminal proclivities
Plancarte v. Guardsmark
Her claims against Guardsmark were based on theories of respondeat superior, negligent hiring, and negligent supervision. Kadah was also criminally charged with misdemeanor sexual battery, and was convicted of this offense after a plea of nolo contendre
Codes of Conduct
...avoiding collateral consequences in civil litigation by meeting oversight responsibilities and reducing the application of respondeat superior. The Law Encourages It
Employment and Labor Newsletter
: Insurer Had Duty to Defend
The amended complaint alleged that the dentist could be liable for the actions of the assistants as the "captain of the ship" or under the doctrine of respondeat superior. The insurer continued to deny a defense
Akin Gump: [work]
The party who is seeking judicial approval may seek such approval in any superior court in the county in which the minor resides; in which the minor is employed; or in which any party to the contract has its principal office for the transaction of business. See also Los Angeles Superior Court Rule 14
Ballard Spahr: Third Circuit Holds that Religious Bias Can Be Basis fo...
Blank Rome: Winter 2002
For example, a law firm was recently sued for negligence under the theory of respondeat superior after an associate, who was talking to a client on her cell phone while driving, struck and killed a pedestrian with her car. This is an example of the type of liability employers could face as a result of their employee's job-related cell phone use
Davis Graham & Stubbs: Traps for the Unwary Recruiter - Risk Free Hiring
Distinction between vicarious liability (respondeat superior) and negligent hiring. a.
Epstein Becker & Green: TEXT
The third party sued the employer under the doctrine of respondeat superior and the Court of Appeal ruled that the employer could be held liable, in spite of the usual going-and-coming rule (which usually shields employers from liability) because of the danger which Plaintiff caused to others as a result of the exposure at work. Comment: The lesson is simple and seemingly commonsensical: Don’t send employees home who are impaired and unable to care for themselves
Fisher & Phillips: Education Labor Letter (11/03) pdf
These allegations formed the basis for three claims against the Church and the Archdiocese - 1) negligent hiring and supervision, 2) respondeat superior, and 3) breach of implied contract. The claims against the Church and the Archdiocese were initially dismissed on grounds that they were barred by the First Amendment
Honigman Miller: Sexual Harassment - Your Ticking Bomb
Plaintiff's claim for sexual harassment was denied due to her failure to establish the required element of respondeat superior. The court nonetheless stated that it had difficulty considering the relatively few enumerated incidents of sexual harassment as pervasive
Littler Mendelson: National Terror & Violence
1992) (imposing a duty to search the applicant's past criminal record was unreasonable in the particular circumstances of the case); Roman Catholic Bishop v. Superior Court, 42 Cal. App. The doctrine of respondeat superior may be used to impose obligations on employers under §848
Littler Mendelson: Innovative Hiring Strategies
This liability extends to an employee's intentional torts and crimes, which are usually excluded from the traditional doctrine of respondeat superior. For example, an employer who hires negligently can be liable for assaults committed by employees against customers
Lowenstein Sandler: "Automatic Stay Doctrine Applies to Certain Relate...
Furthermore, under principles of respondeat superior and collateral estoppel, if such litigation continues and the creditor prevails, the estate may be held liable without the opportunity to defend itself. Hence, the pursuit of such claims against nondebtor parties may thwart the bankruptcy reorganization process
Michael Best & Friedrich: Annual Survey of Wisconsin Law 2000 - Administrative La...
...the person engaging in the conduct is the owner or an agent of the employer under the principles of respondeat superior. 36(1)(b) is liable if the owner or agent under the principle of respondeat superior engages in sexual harassment as defined in section 111
Morgan Lewis: Department Of Justice Revised Principles Of Prosecution...
...committed during the employees' "course of employment." This doctrine of respondeat superior extends even to circumstances in which the employee acts contrary to company policy. More recent trends in corporate liability, however, include applying the concept of "willful blindness" to a corporation's actions
Palmer & Dodge: Labor & Employment Review - Summer 2000
Parsons Behle & Latimer: Enforcement of Federal and State Hazardous Waste Laws
Where corporations are involved, prosecutors may attempt to rely on the doctrines of respondeat superior and collective knowledge to convict the corporation. Under the doctrine of respondeat superior, a corporation may be found criminally liable for the actions of its employees if the acts were done on behalf of the company and were within the scope of their authority
Piper Rudnick: Vicarious Liability for Securities Fraud: Recent Cases ...
Piper Rudnick: FAQs for Franchisors--Gramm-Leach-Bliley Act and the FT...
Vinson & Elkins: "More than Just a Modem: Telecommuting Issues from...
Vorys Sater: Many Millions at Stake: Incentives for Implementing Cor...
CORPORATE CRIMINAL LIABILITY [RESPONDEAT SUPERIOR] The premise from which consideration of this issue must proceed is that unlawful conduct by employees -- even low level employees -- may subject a company to criminal liability under principles of respondeat superior. The general rule is that criminal conduct by an employee may be attributed to the company when the conduct: was within the scope of the employee s duties; and was intended, in whole or in part, to benefit the company
Vorys Sater: A Few Observations About Compliance Recordkeeping by Da...
The basic rule is that unlawful conduct by employees even low-level ones may subject a company to criminal liability under principles of respondeat superior. The Court identified several factors which indicate that an employee's communication is privileged, including that it was (i) intended to be confidential, (ii) made at the direction of the employee's superior to assist in obtaining legal advice, (iii) concerned subject matter relating to the employee's duties, and (iv) the employee knew
Wiley Rein & Fielding: Steering Clear of Liability When Employees Use Cell Pho...
Under the theory of respondeat superior, an employer may be liable for any damages caused by an employee who is acting within the scope of his employment. Consequently, if an employee gets into an accident while making a business call, the employer could be liable
Codes of Conduct
...avoiding collateral consequences in civil litigation by meeting oversight responsibilities and reducing the application of respondeat superior. The Law Encourages It
Akin Gump: [work]
The party who is seeking judicial approval may seek such approval in any superior court in the county in which the minor resides; in which the minor is employed; or in which any party to the contract has its principal office for the transaction of business. See also Los Angeles Superior Court Rule 14
Blank Rome: Winter 2002
For example, a law firm was recently sued for negligence under the theory of respondeat superior after an associate, who was talking to a client on her cell phone while driving, struck and killed a pedestrian with her car. This is an example of the type of liability employers could face as a result of their employee's job-related cell phone use
Davis Graham & Stubbs: Traps for the Unwary Recruiter - Risk Free Hiring
Distinction between vicarious liability (respondeat superior) and negligent hiring. a.
Honigman Miller: Sexual Harassment - Your Ticking Bomb
Plaintiff's claim for sexual harassment was denied due to her failure to establish the required element of respondeat superior. The court nonetheless stated that it had difficulty considering the relatively few enumerated incidents of sexual harassment as pervasive
Littler Mendelson: National Terror & Violence
1992) (imposing a duty to search the applicant's past criminal record was unreasonable in the particular circumstances of the case); Roman Catholic Bishop v. Superior Court, 42 Cal. App. The doctrine of respondeat superior may be used to impose obligations on employers under §848
Littler Mendelson: Innovative Hiring Strategies
This liability extends to an employee's intentional torts and crimes, which are usually excluded from the traditional doctrine of respondeat superior. For example, an employer who hires negligently can be liable for assaults committed by employees against customers
Morgan Lewis: Department Of Justice Revised Principles Of Prosecution...
...committed during the employees' "course of employment." This doctrine of respondeat superior extends even to circumstances in which the employee acts contrary to company policy. More recent trends in corporate liability, however, include applying the concept of "willful blindness" to a corporation's actions
Vorys Sater: Many Millions at Stake: Incentives for Implementing Cor...
CORPORATE CRIMINAL LIABILITY [RESPONDEAT SUPERIOR] The premise from which consideration of this issue must proceed is that unlawful conduct by employees -- even low level employees -- may subject a company to criminal liability under principles of respondeat superior. The general rule is that criminal conduct by an employee may be attributed to the company when the conduct: was within the scope of the employee s duties; and was intended, in whole or in part, to benefit the company
Vorys Sater: A Few Observations About Compliance Recordkeeping by Da...
The basic rule is that unlawful conduct by employees even low-level ones may subject a company to criminal liability under principles of respondeat superior. The Court identified several factors which indicate that an employee's communication is privileged, including that it was (i) intended to be confidential, (ii) made at the direction of the employee's superior to assist in obtaining legal advice, (iii) concerned subject matter relating to the employee's duties, and (iv) the employee knew
Codes of Conduct
...avoiding collateral consequences in civil litigation by meeting oversight responsibilities and reducing the application of respondeat superior. The Law Encourages It
Akin Gump: [work]
The party who is seeking judicial approval may seek such approval in any superior court in the county in which the minor resides; in which the minor is employed; or in which any party to the contract has its principal office for the transaction of business. See also Los Angeles Superior Court Rule 14
Blank Rome: Winter 2002
For example, a law firm was recently sued for negligence under the theory of respondeat superior after an associate, who was talking to a client on her cell phone while driving, struck and killed a pedestrian with her car. This is an example of the type of liability employers could face as a result of their employee's job-related cell phone use
Davis Graham & Stubbs: Traps for the Unwary Recruiter - Risk Free Hiring
Distinction between vicarious liability (respondeat superior) and negligent hiring. a.
Honigman Miller: Sexual Harassment - Your Ticking Bomb
Plaintiff's claim for sexual harassment was denied due to her failure to establish the required element of respondeat superior. The court nonetheless stated that it had difficulty considering the relatively few enumerated incidents of sexual harassment as pervasive
Littler Mendelson: National Terror & Violence
1992) (imposing a duty to search the applicant's past criminal record was unreasonable in the particular circumstances of the case); Roman Catholic Bishop v. Superior Court, 42 Cal. App. The doctrine of respondeat superior may be used to impose obligations on employers under §848
Littler Mendelson: Innovative Hiring Strategies
This liability extends to an employee's intentional torts and crimes, which are usually excluded from the traditional doctrine of respondeat superior. For example, an employer who hires negligently can be liable for assaults committed by employees against customers
Morgan Lewis: Department Of Justice Revised Principles Of Prosecution...
...committed during the employees' "course of employment." This doctrine of respondeat superior extends even to circumstances in which the employee acts contrary to company policy. More recent trends in corporate liability, however, include applying the concept of "willful blindness" to a corporation's actions
Vorys Sater: Many Millions at Stake: Incentives for Implementing Cor...
CORPORATE CRIMINAL LIABILITY [RESPONDEAT SUPERIOR] The premise from which consideration of this issue must proceed is that unlawful conduct by employees -- even low level employees -- may subject a company to criminal liability under principles of respondeat superior. The general rule is that criminal conduct by an employee may be attributed to the company when the conduct: was within the scope of the employee s duties; and was intended, in whole or in part, to benefit the company
Vorys Sater: A Few Observations About Compliance Recordkeeping by Da...
The basic rule is that unlawful conduct by employees even low-level ones may subject a company to criminal liability under principles of respondeat superior. The Court identified several factors which indicate that an employee's communication is privileged, including that it was (i) intended to be confidential, (ii) made at the direction of the employee's superior to assist in obtaining legal advice, (iii) concerned subject matter relating to the employee's duties, and (iv) the employee knew
Plancarte v. Guardsmark
Her claims against Guardsmark were based on theories of respondeat superior, negligent hiring, and negligent supervision. Kadah was also criminally charged with misdemeanor sexual battery, and was convicted of this offense after a plea of nolo contendre
Codes of Conduct
...avoiding collateral consequences in civil litigation by meeting oversight responsibilities and reducing the application of respondeat superior. The Law Encourages It
Akin Gump: [work]
The party who is seeking judicial approval may seek such approval in any superior court in the county in which the minor resides; in which the minor is employed; or in which any party to the contract has its principal office for the transaction of business. See also Los Angeles Superior Court Rule 14
Ballard Spahr: Third Circuit Holds that Religious Bias Can Be Basis fo...
Blank Rome: Winter 2002
For example, a law firm was recently sued for negligence under the theory of respondeat superior after an associate, who was talking to a client on her cell phone while driving, struck and killed a pedestrian with her car. This is an example of the type of liability employers could face as a result of their employee's job-related cell phone use
Epstein Becker & Green: TEXT
The third party sued the employer under the doctrine of respondeat superior and the Court of Appeal ruled that the employer could be held liable, in spite of the usual going-and-coming rule (which usually shields employers from liability) because of the danger which Plaintiff caused to others as a result of the exposure at work. Comment: The lesson is simple and seemingly commonsensical: Don’t send employees home who are impaired and unable to care for themselves
Fisher & Phillips: Education Labor Letter (7/05) pdf
Standard tort claims of negligence (failure to take reasonable steps to prevent foreseeable harm) and respondeat superior (liability for the actions of staff who are acting within the scope of their authority) pose the most likely legal problems for a private school besieged by violence. Signs Of Potentially Violent Behavior Although experts cannot pinpoint the reasons for violent behavior, many groups, including the American Psychological Association, promulgate lists of potential warning signs
Honigman Miller: Sexual Harassment - Your Ticking Bomb
Plaintiff's claim for sexual harassment was denied due to her failure to establish the required element of respondeat superior. The court nonetheless stated that it had difficulty considering the relatively few enumerated incidents of sexual harassment as pervasive
Littler Mendelson: National Terror & Violence
1992) (imposing a duty to search the applicant's past criminal record was unreasonable in the particular circumstances of the case); Roman Catholic Bishop v. Superior Court, 42 Cal. App. The doctrine of respondeat superior may be used to impose obligations on employers under §848
Littler Mendelson: Innovative Hiring Strategies
This liability extends to an employee's intentional torts and crimes, which are usually excluded from the traditional doctrine of respondeat superior. For example, an employer who hires negligently can be liable for assaults committed by employees against customers
Lowenstein Sandler: "Automatic Stay Doctrine Applies to Certain Relate...
Furthermore, under principles of respondeat superior and collateral estoppel, if such litigation continues and the creditor prevails, the estate may be held liable without the opportunity to defend itself. Hence, the pursuit of such claims against nondebtor parties may thwart the bankruptcy reorganization process
Morgan Lewis: Department Of Justice Revised Principles Of Prosecution...
...committed during the employees' "course of employment." This doctrine of respondeat superior extends even to circumstances in which the employee acts contrary to company policy. More recent trends in corporate liability, however, include applying the concept of "willful blindness" to a corporation's actions
Vorys Sater: Many Millions at Stake: Incentives for Implementing Cor...
CORPORATE CRIMINAL LIABILITY [RESPONDEAT SUPERIOR] The premise from which consideration of this issue must proceed is that unlawful conduct by employees -- even low level employees -- may subject a company to criminal liability under principles of respondeat superior. The general rule is that criminal conduct by an employee may be attributed to the company when the conduct: was within the scope of the employee s duties; and was intended, in whole or in part, to benefit the company
Vorys Sater: A Few Observations About Compliance Recordkeeping by Da...
The basic rule is that unlawful conduct by employees even low-level ones may subject a company to criminal liability under principles of respondeat superior. The Court identified several factors which indicate that an employee's communication is privileged, including that it was (i) intended to be confidential, (ii) made at the direction of the employee's superior to assist in obtaining legal advice, (iii) concerned subject matter relating to the employee's duties, and (iv) the employee knew
Plancarte v. Guardsmark
Her claims against Guardsmark were based on theories of respondeat superior, negligent hiring, and negligent supervision. Kadah was also criminally charged with misdemeanor sexual battery, and was convicted of this offense after a plea of nolo contendre
Codes of Conduct
...avoiding collateral consequences in civil litigation by meeting oversight responsibilities and reducing the application of respondeat superior. The Law Encourages It
Akin Gump: [work]
The party who is seeking judicial approval may seek such approval in any superior court in the county in which the minor resides; in which the minor is employed; or in which any party to the contract has its principal office for the transaction of business. See also Los Angeles Superior Court Rule 14
Ballard Spahr: Third Circuit Holds that Religious Bias Can Be Basis fo...
Blank Rome: Winter 2002
For example, a law firm was recently sued for negligence under the theory of respondeat superior after an associate, who was talking to a client on her cell phone while driving, struck and killed a pedestrian with her car. This is an example of the type of liability employers could face as a result of their employee's job-related cell phone use
Epstein Becker & Green: TEXT
The third party sued the employer under the doctrine of respondeat superior and the Court of Appeal ruled that the employer could be held liable, in spite of the usual going-and-coming rule (which usually shields employers from liability) because of the danger which Plaintiff caused to others as a result of the exposure at work. Comment: The lesson is simple and seemingly commonsensical: Don’t send employees home who are impaired and unable to care for themselves
Fisher & Phillips: Education Labor Letter (7/05) pdf
Standard tort claims of negligence (failure to take reasonable steps to prevent foreseeable harm) and respondeat superior (liability for the actions of staff who are acting within the scope of their authority) pose the most likely legal problems for a private school besieged by violence. Signs Of Potentially Violent Behavior Although experts cannot pinpoint the reasons for violent behavior, many groups, including the American Psychological Association, promulgate lists of potential warning signs
Honigman Miller: Sexual Harassment - Your Ticking Bomb
Plaintiff's claim for sexual harassment was denied due to her failure to establish the required element of respondeat superior. The court nonetheless stated that it had difficulty considering the relatively few enumerated incidents of sexual harassment as pervasive
Kaufman & Canoles: Workers' Compensation Bar Not Applicable to Claim ...
The plaintiff’s claims against the employer were based on theories of negligent hiring and retention, respondeat superior liability (employer responsibility for the wrongful acts of its employees) for the assault and battery, and intentional infliction of emotional distress. The employer knew of the coworker's criminal history, which included a conviction for a violent crime
Littler Mendelson: National Terror & Violence
Littler Mendelson: Innovative Hiring Strategies
Lowenstein Sandler: "Automatic Stay Doctrine Applies to Certain Relate...
Furthermore, under principles of respondeat superior and collateral estoppel, if such litigation continues and the creditor prevails, the estate may be held liable without the opportunity to defend itself. Hence, the pursuit of such claims against nondebtor parties may thwart the bankruptcy reorganization process
Morgan Lewis: Department Of Justice Revised Principles Of Prosecution...
...committed during the employees' "course of employment." This doctrine of respondeat superior extends even to circumstances in which the employee acts contrary to company policy. More recent trends in corporate liability, however, include applying the concept of "willful blindness" to a corporation's actions
Vorys Sater: Many Millions at Stake: Incentives for Implementing Cor...
CORPORATE CRIMINAL LIABILITY [RESPONDEAT SUPERIOR] The premise from which consideration of this issue must proceed is that unlawful conduct by employees -- even low level employees -- may subject a company to criminal liability under principles of respondeat superior. The general rule is that criminal conduct by an employee may be attributed to the company when the conduct: was within the scope of the employee s duties; and was intended, in whole or in part, to benefit the company
Vorys Sater: A Few Observations About Compliance Recordkeeping by Da...
The basic rule is that unlawful conduct by employees even low-level ones may subject a company to criminal liability under principles of respondeat superior. The Court identified several factors which indicate that an employee's communication is privileged, including that it was (i) intended to be confidential, (ii) made at the direction of the employee's superior to assist in obtaining legal advice, (iii) concerned subject matter relating to the employee's duties, and (iv) the employee knew
Plancarte v. Guardsmark
Her claims against Guardsmark were based on theories of respondeat superior, negligent hiring, and negligent supervision. Kadah was also criminally charged with misdemeanor sexual battery, and was convicted of this offense after a plea of nolo contendre
Codes of Conduct
...avoiding collateral consequences in civil litigation by meeting oversight responsibilities and reducing the application of respondeat superior. The Law Encourages It
Akin Gump: [work]
The party who is seeking judicial approval may seek such approval in any superior court in the county in which the minor resides; in which the minor is employed; or in which any party to the contract has its principal office for the transaction of business. See also Los Angeles Superior Court Rule 14
Ballard Spahr: Third Circuit Holds that Religious Bias Can Be Basis fo...
Epstein Becker & Green: TEXT
The third party sued the employer under the doctrine of respondeat superior and the Court of Appeal ruled that the employer could be held liable, in spite of the usual going-and-coming rule (which usually shields employers from liability) because of the danger which Plaintiff caused to others as a result of the exposure at work. Comment: The lesson is simple and seemingly commonsensical: Don’t send employees home who are impaired and unable to care for themselves
Fisher & Phillips: Education Labor Letter (7/05) pdf
Honigman Miller: Sexual Harassment - Your Ticking Bomb
Plaintiff's claim for sexual harassment was denied due to her failure to establish the required element of respondeat superior. The court nonetheless stated that it had difficulty considering the relatively few enumerated incidents of sexual harassment as pervasive
Kaufman & Canoles: Workers' Compensation Bar Not Applicable to Claim ...
The plaintiff’s claims against the employer were based on theories of negligent hiring and retention, respondeat superior liability (employer responsibility for the wrongful acts of its employees) for the assault and battery, and intentional infliction of emotional distress. The employer knew of the coworker's criminal history, which included a conviction for a violent crime
Littler Mendelson: National Terror & Violence
Littler Mendelson: Innovative Hiring Strategies
Morgan Lewis: Department Of Justice Revised Principles Of Prosecution...
...committed during the employees' "course of employment." This doctrine of respondeat superior extends even to circumstances in which the employee acts contrary to company policy. More recent trends in corporate liability, however, include applying the concept of "willful blindness" to a corporation's actions
