News & Analysis as of

Sexual Harassment Negligence

Marshall Dennehey

The Political Subdivision and Torts Claim Act’s Sexual Abuse Exception: Application to Post-Assault in School Harassment

Marshall Dennehey on

Key Points: The Political Subdivision and Torts Claim Act still provides immunity to school districts in cases where a student adjudicated of sexual assault continues harassment of a student in the school setting because no...more

Tyson & Mendes LLP

“Real Housewives” Gets a Reality Check

Tyson & Mendes LLP on

Caroline Manzo, a former real cast member of The Real Housewives of New Jersey, has sued Bravo, Forest Productions Inc., Warner Brothers Entertainment, NBC Universal Media, Shed Media US, and Peacock TV. As Ms. Manzo alleges,...more

K&L Gates LLP

Kneale v Footscray Football Club Ltd – Cautions for Both Sides of Institutional Abuse Claims

K&L Gates LLP on

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

Marshall Dennehey

District Court Ruled Plaintiff’s Claim of Negligent Hiring, Retention, Training and Supervision Against Uber Failed as Matter of...

Marshall Dennehey on

Karlen v. Uber Technologies, Inc., 2023 WL 3570635 No. 3:21-cv-835 (VAB) (D. Conn May 19, 2023) - The plaintiff alleged that on an Uber trip, intended to take the plaintiff from Philadelphia to Connecticut, the driver engaged...more

Thomas Fox - Compliance Evangelist

The World Has Changed: McDonald’s and the Oversight Duty of Officers - Part 1

There is a reason that lawyer truisms are just that: because they are based in fact. One of those truisms is that bad facts make bad laws. I saw that in the first year I started practicing law in case in Texas which forever...more

Franczek P.C.

Federal Case Highlights Nuances of Addressing Sexual Harassment Involving Students with Disabilities

Franczek P.C. on

In March, the U.S. District Court of the Western District of Washington ruled against a school district in favor of a student with intellectual disabilities, who was awarded $500,000 by a jury based on the district’s failure...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - June 2021

Rivkin Radler LLP on

First Department Finds Exterior Work Over Two Stories Exclusion Did Not Apply To Accident From Work On Lower Floors- Adelphi University hired a general contractor for a construction project to build, from the ground up, a...more

TNG Consulting

Campuses and the Courts: M.M. v. San Juan Unified Sch. Dist.

TNG Consulting on

M.M. v. San Juan Unified Sch. Dist., No. 219CV00398TLNEFB, 2020 WL 5702265 (E.D. Cal. Sept. 24, 2020) - SUMMARY OF PROCEDURAL HISTORY: M.M., a nine-year-old female student in the San Juan Unified School District (SJUSD),...more

Seyfarth Shaw LLP

Recent Developments In Securities Litigation: The “Event Driven” #MeToo Lawsuit

Seyfarth Shaw LLP on

The #MeToo movement has had an enormous impact on corporate America. Workplace harassment and sexual misconduct are not new concepts and have been the focus of litigation for many years. However, the power of the #MeToo has...more

Holland & Hart - Your Trial Message

Question the Legal Fiction of the ‘Reasonable Person’

The idea of something being a “Legal Fiction” is that it is treated as true for the purposes of the law, but it is not literally true. “A corporation is a person” is perhaps one of the best known of these legal fictions, and...more

Carlton Fields

‘Me Too’ Coverage Implications For Employers

Carlton Fields on

When an employer negligently supervises an employee who commits separate acts of sexual harassment against three different co-workers on separate occasions, how many “occurrences” are there under a standard commercial general...more

Faegre Drinker Biddle & Reath LLP

Sometimes a Belt & Suspenders Aren’t Enough

Even the most cautious lawyer might think that Columbia North Hills Hospital had done enough to compel arbitration when a former employee sued for sexual harassment, retaliation, and negligence. The trial court thought so. ...more

Mintz - Employment, Labor & Benefits...

First Circuit Court of Appeals Holds That Employer Can be Found Liable Under Quid Pro Quo Sexual Harassment Negligence Theory for...

In a case of first impression, the First Circuit Court of Appeals recently held that an employer can be held liable under Title VII for quid pro quo sexual harassment based on the discriminatory actions of a non-supervisory...more

McAfee & Taft

Harassment-free workplace: Potential harassers not limited to employees

McAfee & Taft on

Employers are well aware of their obligation to act promptly to stop harassment or discriminatory behavior in the workplace when it is committed by employees. But this obligation can be more extensive. Employers are required...more

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