Search for: "Second Employers' Liability Cases"
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28 Jun 2013, 10:05 am
In CSX Transportation, the Supreme Court addressed the causation element in the Federal Employers' Liability Act ("FELA"), holding that "a railroad worker need only demonstrate that the railroad's negligence 'played a part -- no matter how small -- in bringing about the injury.'" [read post]
22 Feb 2010, 4:28 am
From this case, it appears that having a well-drafted sexual harassment prevention policy is not enough to escape liability in every sexual harassment cases. [read post]
28 Apr 2020, 12:12 pm
Performance management whilst an employee is on secondment ought not to be neglected, particularly in the case of a lengthy secondment. [read post]
28 Sep 2018, 7:10 am
" The Second Circuit says the NLRB was able to find that "terrorists" means pro-union employees.An employer can avoid liability in a case like this if it closes the business permanently and lawfully. [read post]
18 Oct 2013, 10:33 am
Employers and employees will, therefore, watch this case carefully to see if the Second Circuit rules that, pursuant to Comcast, the existence of individualized damages is a reason to deny class certification in full, only with respect to damages, or not at all. [read post]
16 Jul 2012, 5:24 am
In the court below the issue of vicarious liability was set out in two stages, the first being the relationship between the employer and the employee and the second being whether the act was within the scope of the employment. [read post]
12 Oct 2014, 10:00 pm
Fish Nelson & Holden is a law firm located in Birmingham, Alabama dedicated to representing employers, self-insured employers, and insurance carriers in workers' compensation cases and related liability matters. [read post]
9 Sep 2012, 12:41 pm
Second, there is tort liability, which is liability arising from the acts of someone. [read post]
27 Jul 2011, 9:42 am
Arkansas State Police, 375 F.3d 762, 772 (8th Cir. 2004), the Eight Circuit found Ellerth/Faragher’ s second prong inapplicable in single-instance harassment cases, concluding that Denying such an employer an opportunity to avail itself of the affirmative defense, when the employer has done all that an employer could reasonably be expected to do to avoid and remedy the offending behavior, effectively creates strict liability for… [read post]
5 Jan 2009, 6:00 am
But here's a handy shortcut: for the routine, garden-variety product liability personal injury or property damage case, start with California's Judicial Counsel form interrogatories, which are located here. [read post]
5 Aug 2017, 4:13 am
Wrongful termination is a common claim by former employees, and a common source of liability for employers. [read post]
25 Jun 2013, 12:55 pm
On one hand, the Second, Fourth, and Ninth Circuits held employers liable when supervisors have the authority to direct and oversee their victim’s daily work. [read post]
23 Apr 2012, 12:00 am
Opinion: This would be a good case for the BRB to publish, particularly beccause of the BRB’s discussion of Section 28(a) and the “second claim.” [read post]
3 May 2019, 6:43 am
The second is to amend the policy to allow for such action in certain clearly defined circumstances. [read post]
3 May 2019, 6:43 am
The second is to amend the policy to allow for such action in certain clearly defined circumstances. [read post]
18 Jan 2023, 9:00 am
Court of Appeals for the Second Circuit certified to the DC Court of Appeals the question whether former President Trump was acting within the scope of his employment under District law when he made allegedly defamatory statements after E. [read post]
24 Aug 2021, 11:34 am
The Fifth Circuit noted three cases which developed the right of maritime employers to seek contribution for maintenance and cure: Bertram v. [read post]
14 Feb 2009, 10:31 am
A number of cases involve the liability of an employer for injuries caused by a drunk employee driving home after becoming intoxicated on alcoholic beverages supplied by the employer. [read post]
22 Jan 2016, 5:01 am
Exclusive remedy has been under attack, critics say, putting the doctrine and employers at risk as avenues for civil action erode one of the basic elements of workers' compensation - except in California, where another case affirms the sanctity of the concept.Cynthia Medina worked as a nurse at the Yountville Veterans Home of California for 20 years, between 1990 and 2010.Medina claimed she encountered second-hand smoke for approximately 30 to 45 minutes per day at… [read post]
22 Mar 2016, 9:51 am
Fifth Circuit Rules in Favor of Employer on Liability for LHWCA Benefits Following Offshore Accident appeared first on Louisiana Law Blog. [read post]
