Topic
Vicarious Liability
281 published works
White Collar Crime Prof Blog
Prosecutor Takes Corporate Liability Posture In University Setting
By Ellen Podgor
Holding university officials responsible for alleged crimes in relation to the death of a student and the hospitalization of another, may be a new extension taken of vicarious criminal liability. …
California Employment Law Update
Law Firm Could Be Vicariously Liable For The Actions Of A Non-Equity Partner
By Tony Oncidi
PCO, Inc. v. Christensen, Miller, Fink, Jacobs, Glaser, Weil & Shapiro, LLP, 150 Cal. App. 4th 384 (2007) PCO, Inc., by and through its duly appointed receiver, Barry A. Fisher,…
Labor Law Prof Blog
Carle on Acknowledging Informal Power Dynamics in the Workplace
Susan Carle (American) has posted on SSRN her article in the Duke Journal of Gender Law & Policy: Acknowledging Informal Power Dynamics in the Workplace: A Proposal for Further Development…
Employment & Labor
Georgia legislature considers overturning ancient common law rule holding employers responsible for negligence of employees
By Ken Shigley
4/15/07. The doctrine of respondeat superior has been deeply ingrained in Anglo-American common law tradition since long before the American Revolution. The origins of respondeat superior are disputed. Compare Holmes,…
Business and Commercial
“Statutory employee” rules make trucking companies always responsible for independent contractor truck drivers
By Ken Shigley
During the first half of the twentieth-century, interstate motor carriers attempted to immunize themselves from liability for negligent drivers by hiring inadequately insured, risky trucks and their drivers – like…
California Employment Law Update
Winery Was Not Responsible For Injuries Caused By Employee Who Borrowed One Of Its Storage Bins
By Tony Oncidi
Baptist v. Robinson, 2006 WL 2699181 (Cal. Ct. App. 2006) While riding his motorcycle, Ronald Baptist struck a large plastic agricultural bin that had fallen onto the highway from the…
Employment & Labor
Jury question whether driver was in course and scope of employment
By Ken Shigley
Occasionally we encounter situations where a corporate defendant claims that the employee who was driving the business's truck was on some personal mission, and therefore not in the course and…
California Employment Law Update
Employer That Admitted Liability For Negligence Of Its Employee Could Not Be Sued For “Negligent Entrustment”
By Tony Oncidi
Jeld-Wen, Inc. v. Superior Court, 131 Cal. App. 4th 853 (2005) In this wrongful death action arising from a motor vehicle collision, the decedent’s survivors sued Jeld-Wen and its employee…
New York Attorney Malpractice Blog
NYSTLA warns that Fed law will preempt
A pending Federal law may well preempt New York's vicarious liability law for motor vehicle lessors, says the New York State Trial Lawyers Association http://www.nystla.org. A Federal law recently passed,…
California Employment Law Update
Employee Who Caused Automobile Accident At “In-N-Out Burger” Was Not Acting Within Scope Of Employment
By Tony Oncidi
Sunderland v. Lockheed Martin Aeronautical Sys. Support Co., 130 Cal. App. 4th 1 (2005) While they were waiting in line at the In-N-Out Burger Restaurant in Lancaster, Ali Mazloom, a…