Guatemala's Avicola Villalobos Gets Favorable Ruling From Bermuda Court in Reinsurance Company Matter Sep 17, 2008
Among Judge Kawaley's conclusions were: - Lisa's case based on the vicarious liability of AVSA for the acts of its officers and/or its corporate agents is dismissed. It follows that since AVSA was not itself an insured and there is no sufficient evidence tying AVSA to the Leamington programme, claims against AVSA and Leamington in relation to the Leamington programme must be dismissed as against AVSA. - Lisa has failed to prove the highest level of its pleaded case, namely that the predominant... (PR Newswire)
When push turns to shove Sep 1, 2008
Another issue not widely understood by employers is the concept of ''vicarious liability ... Vicarious liability in discrimination or sexual harassment cases can be defended if you can show that you took all 'reasonable precautions' to prevent the behaviour from occurring, says Power. (Sydney Morning Herald -- Business)
Chinese Bank Denies Claims That Negligent Wire Transfers Helped Terrorists Aug 28, 2008
Plaintiffs are seeking unspecified compensatory and punitive damages, citing negligence, breach of statutory duty, and vicarious liability, among other things. A statement released today by China's third largest lender calls the suit "nonsense," saying the bank adhered to U.N. requirements on money laundering and terrorism financing. (Law.com)
U.S. judge orders Google to hand over YouTube video logs Jul 4, 2008
"A markedly higher proportion of infringing-video watching may bear on plaintiff's vicarious liability claim, and defendants' substantial noninfringing use defense," he wrote. . (International Herald Tribune)
Ex-stewardess awarded RM44,000 for injuries May 17, 2008
The court found that there was negligence on the part of the defendant (AirAsia) against the plaintiff, who was a cabin crew on contract to AirAsia, and the first third party (Sze Tho) is held on vicarious liability for the injuries and losses suffered by the plaintiff, said Latifah. The judge said the court did not find any negligence on the part of the second third party, Kurnia Insurance (Malaysia) Bhd, which is the insurer of the bus, on liability. (The Star Online, Malaysia -- News)
Mother sues medical officer after newborn dies May 14, 2008
Noor Hidayu also said that the hospital director and the Government had been negligent in their failure to provide trustworthy, dedicated and responsible doctors and held them responsible for the medical officer's negligence under the doctrine of vicarious liability. She is seeking over RM2mil in damages. (The Star Online, Malaysia)
Nigeria: Senator Refuses to Submit to Crimes Commission Apr 22, 2008
"After all, there is no vicarious liability in crime."Our law does not permit any government enforcement agency to arrest, detain or charge innocent people. Freedom from arrest of innocent citizen is the cornerstone of democracy and an invaluable heritage from civilised nations. (allAfrica.com)
High court hears case on Exxon damages Feb 28, 2008
But Chief Justice John G. Roberts Jr. and Justice Anthony Kennedy were more sympathetic to that argument, wondering whether Hazelwood was high enough in the corporate structure for his actions to open the entire company to what Dellinger called "vicarious liability.". Roberts said Hazelwood violated Exxon policy that night both by drinking and by his actions on the ship. (Boston Globe)
Don't mess with the Pray-for-Rain Channel Nov 15, 2007
Where does the vicarious liability stop. How far back will the lawyers like Dilbert and Sputnik and Ted Nugent sue us for letting the fish-people evolve too soon. (Atlanta Journal-Constitution -- Metro)
Attorney General and the Docket: Let's gets real Nov 12, 2007
As the Head of Department the buck stops with him and he may therefore have vicarious liability for any acts of omission or commission in his outfit. However, can we by any stretch of the imagination, contemplate that this issue warrants calls for his resignation. (Ghana Web, Ghana)
Bomb threat protocol under fire Oct 24, 2007
I have only two words to say, "VICARIOUS LIABILITY!" If you don't know what this is, I will assure you if something happens, the victim's attornies will teach it to you. Posted by: 1badazzk9cop on Wed Oct 24, 2007 6:40 am. (Florida Today)
Loan rates come under the lens Oct 2, 2007
The minister added that cases will be filed against banks and their senior officials for authorising recovery agents to carry out coercive measures under principle of vicarious liability. Police probe into some cases suggests that banks themselves have authorised their recovery agents to use goonda elements. (India Times)
Paradigm Resolves Foreign Corrupt Practices Act Issues With US Department of Justice Sep 25, 2007
Nevertheless, Paradigm accepted vicarious liability for the conduct of certain employees and agents, and entered into the letter agreement with the Department to resolve these matters promptly and fully. Paradigm management is committed to ethical behavior and has demonstrated that commitment through the handling of this matter and the retention of Skadden Arps as compliance counsel. (PR Newswire)
Bank brass can't escape responsibility of coercion: RR Patil Sep 22, 2007
There is case for applying the principal of vicarious liability and even the top management will be prosecuted for offences such as extortion, criminal trespass and abetment to suicide, he said. So far the practice is to book the recovery agent and officials of the branch from where person has taken loan. (Business Standard)
3rd Circuit Judges Grill DOJ Attorney in CBS 'Wardrobe Malfunction' Case Sep 12, 2007
Miller disagreed, saying the FCC was not imposing strict liability, but rather "vicarious liability." Corporations, he said, are always subject to vicarious liability because they act only through the people they employ. Corn-Revere argued that the FCC's decision to impose fines on CBS -- the maximum fine of $27,500 levied against each of the network's 20 "owned and operated" stations -- was wrong for four reasons. (Law.com)
Exxon Valdez Case Brings $2.5B Damages Fight to Supreme Court Sep 12, 2007
The case, he said, has caused a "huge stir" within the maritime and shipping communities, particularly the issue of vicarious liability and punitive damages. "It is also a fundamentally important question of the relationship between the Clean Water Act to judge-made remedies in maritime law that applies across-the-board and not just in oil spills," he added. (Law.com)
Lawyers Learn From HomeBanc's Demise Aug 23, 2007
However, Sadow said, that scenario will hinge on the concept of vicarious liability -- whether the company's employees who sent the bad checks acted on their own or at the direction of their superiors. HomeBanc executives could tell the bankruptcy court judge that they ordered their check-writing agents to not send out checks, because of insufficient funds, but the agents sent them anyway. (Law.com)
Man awarded RM66,500 over police assault Jun 4, 2007
The police district chief and the government was responsible for vicarious liability as employers to the two policemen, he said adding that the actions of the two policemen were clearly against the law. He awarded the plaintiff with RM25,000 in compensatory damages, RM25,000 for exemplary damages, RM15,000 for pain and suffering and RM1,500 for special damages. (The Star Online, Malaysia -- News)
Lawyer had duty to client after retainer lapsed: Supreme Court Jun 2, 2007
On account of a finding of vicarious liability the Supreme Court made against Davis and Co., the firm will be responsible for paying the award if Mr. Strother is unable to. Search the News Search. (Globe and Mail)
188 calls to police since '01 May 27, 2007
Roger wrote on May 25, 2007 4:04 PM:" Sounds like Adams and the boys would still rather be spending time on the Internet, instead of earning their keep. Remember Adams, you're a public servant and are not supposed to be creating your own law! One other thing to remember... vicarious liability!!! If she calls and you fail to respond, and then something happens to her, you're liable! ". T an> wrote on May 25, 2007 3:18 PM:" Shouldn't these police officers be patrolling these areas like they... (Lodi News Sentinel, CA)
Media Rights Technologies Threatens Apple, Microsoft, Adobe, and RealNetworks May 18, 2007
MRT is attempting to turn DMCA sideways by effectively accusing these companies of hacking their own technology, of vicarious liability through being able to adopt X1 Secure Recording Control (and paying MRT for it, presumably) but choosing not to. On the surface, this sounds similar to the vicarious liability theory being bandied about in some current litigation, in which content service providers like YouTube are accused of failing to implement filtering technology. (Datamation)
Franchising and the Internet May 8, 2007
By documenting that franchisees or your employees were trained and understood various elements of the system, you may be in a better position to enforce quality control provisions of your contract or avoid vicarious liability issues. . (MSNBC -- Business)
Christensen Glaser May Face Trial Over Bags of Cash May 1, 2007
And in April 1997, Shapiro signed a retainer agreement with Laing that says, "We are pleased that you have decided to retain Christensen, Miller, Fink, Jacobs, Glaser, Weil and Shapiro as your counsel." The court of appeal noted Shapiro was a nonequity partner but said that distinction didn't necessarily matter for purposes of assessing the firm's potential vicarious liability. Voice messages left late Monday for two attorneys representing the Christensen firm were not returned by press time. (Law.com)
Mentally ill students: What to do? Apr 25, 2007
Between vicarious liability (which young people used to get but now never do) and the fact that everything that is immoral or fattening has been made a crime - it is not easy to stay off the electronic plantation if you are raised to think that the world revolves around you and your rights. If you have one really bad day you are on the plantation for life. (Atlanta Journal-Constitution)
Thain Facing $4.3M Suit Apr 14, 2007
In allowing the trial to proceed, the judge dismissed two claims of breach of fiduciary duty and negligent misrepresentation, but allowed the key charge of "vicarious liability" for Thain's purported fraudulent misrepresentation. "A reasonable jury could conclude that Mr. Thain had reason to expect that his statement about the future of the NYSE to a group of 'floor traders,' some of which Mr. Thain knew currently owned seats on the exchange, would be justifiably influenced to act in reliance on... (New York Post -- Business)
Alien ambulance-chasers (Daniel J. Popeo and Glenn G. Lammi) Mar 26, 2007
Eventually activists began suing private companies based on a highly novel vicarious liability theory -- because oil companies benefited from the protection of foreign soldiers or companies did business in apartheid-era South Africa, they had "aided and abetted" alleged foreign governments' ATS violations. Once the focus shifted to deep-pocketed defendants, plaintiffs' lawyers took notice, and filed suits which further probed the limits of the ATS seeking virtually limitless liability. (Washington Times, DC)
Milosevic's last waltz Mar 12, 2007
First, the World Court rejected the standard of vicarious liability used in the UN criminal tribunal for the former Yugoslavia. In applying the Geneva Conventions to the Bosnian fighting, the criminal court early concluded that Belgrade's support was enough to make major portions of the conflict into an international war. (International Herald Tribune -- Ed/Op)
FAIR USE Act Aims To Clarify Copyright Limits Mar 1, 2007
The Act aims to limit the statutory damages for individuals and organizations sued for contributory infringement, inducement of infringement, vicarious liability, or other indirect infringement. "What worries me about secondary liability is that it simply discourages intermediaries from allowing users to engage in activities so that they shut them down at the first hint of trouble," said , an attorney with the Public Citizen Litigation Group. (InformationWeek)
Do Attorneys Follow Their Own Copyright Advice? Jan 20, 2007
Assuming that the employee is illegally downloading music files for personal use and enjoyment (keeping the downloading secret and not using the music for any business purpose), it would seem that an infringement claim brought against his employer would not meet the second prong of this vicarious liability standard. If, on the other hand, the employee is using the downloaded music for a business purpose (such as entertaining clients) the law firm could be liable even if it had not expressly... (Law.com)
Franchisor Need Not Cry Over Franchisee's Spilled Coffee Dec 30, 2006
In its motion for summary judgment, 7-Eleven argued that there is no evidence of negligence on its part and that the existence of a franchisee/franchisor relationship is insufficient to impose vicarious liability on 7-Eleven for the acts of an individual employed by an independent franchisee. In an affidavit, Anthony Bravata, the loss prevention manager for 7-Eleven, testified that Farroq Baig made all the decisions related to the daily operations of the franchise. (Law.com)
Private school sued over alleged abuse Nov 28, 2006
The school is being sued for a long list of failures, including breach of trust, negligence, vicarious liability in hiring and failing to protect the interest of its students. Mr. Staunton said he wasn't surprised to learn of the suit. (Globe and Mail -- National)
MySpace Inks Deal to Block Copyright Infringers Nov 1, 2006
"Therefore, if these sites are aware of the infringing content and don't take steps to eliminate it, then they could be found liable for secondary copyright infringement and probably, contributory copyright infringement or perhaps even vicarious liability.". YouTube's Deals. (TechNewsWorld)
Dismissal of lawsuit conflicts with evidence, conclusion in related case Oct 18, 2006
"Here, Mr. Blais unquestionable experienced harmful and offensive contact in the forms of shockwaves of the explosion created by defendants' co-conspirators, and the physical contact of the rubble from the Khobar Towers building that fell upon him as a result of the explosion. "Accordingly, defendants Iran, MOIS, and the IRGC are liable for battery under the theory of vicarious liability," he found. "First, defendants Iran, MOIS, and the IRGC provided material support to Saudi Hezbollah with the... (WorldNetDaily)
Gadsby faces phony-lawyer lawsuit Sep 13, 2006
But in order to recover the money, Pytka is going after Gadsby and Slavitt for vicarious liability and malpractice. Pytka's basic claim is that Gadsby is liable for "negligently hiring and supervising" Fineberg, explained Pytka's attorney, Scott Birnbaum, a partner and litigator for Boston-based Birnbaum & Associates PC.. (Boston Business Journal, MA)
Legal expert on employee monitoring >> Sep 13, 2006
will have an affirmative defense available against an action brought under the theories of vicarious liability or negligent supervision. To foster this preemptive strike, many companies have decided to institute various forms of computer monitoring programs, ranging from content-filtering to keystroke monitoring. (CIO)
Letters: Health insurance, justice, etc. Sep 5, 2006
The lawsuit against Sacramento County is about knowingly violating federal and state laws, misappropriation of public taxpayer revenues, vicarious liability of county employees, aiding and abetting crime, and diverting lawful indigent residents' health funds appropriated to counties by the state or county to illegal aliens. There is no "right" to break the laws and there is no "discretion" to offer federally prohibited health care to illegal aliens. (Sacramento Bee -- Opinion)
Fla. Supreme Court to decide whether cruise lines can be held liable for malpractice at sea Jul 17, 2006
Whether ships have vicarious liability for the actions of doctors arose as a legal question in the age of trans-Atlantic liners. Ship captains weren't viewed as competent to oversee the specialized skills of physicians. (Sun-Sentinel.com)
Lodi dentist ordered to pay $4.6 million Jun 29, 2006
The other base, he said, is "vicarious liability," when the employee's behavior leads to responsibility on the part of the employer. For instance, Levine said, if a pizza driver runs into someone, the pizza chain would be responsible. (Lodi News Sentinel, CA)
States Losing Ability to Protect Public Due to Federal Preemptions Jun 16, 2006
Preemption of vicarious liability laws The Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (Pub. L. No. 109-59) overrides state laws that hold the owner of a vehicle liable for an accident when the car is driven by a renter or a lessee. (OMB Watch)
No to $2 extra daily surcharge Apr 26, 2006
With the recent spate of hurricanes and the likelihood of more to come, and with attorneys doing their best to poke holes in the federal ban on vicarious liability, insurance rates are up. Small cars are increasingly difficult for small operators to come by, which is just great for them, given current gas prices. (Orlando Sentinel -- Opinion)
Newspaper round-up Feb 21, 2006
Hedge fund trader Philippe Jabre, under investigation by the FSA for alleged insider trading, has stepped down as GLG director, and it is thought that he will not return to the group regardless of the outcome of the case; should he be found guilty he could face a fine and possible ban, while GLG could be penalised for "vicarious liability" in failing to adequately monitor him. The investigation centres on whether Jabre improperly used non-public information from Goldman Sachs on a 2003... (Reuters UK -- Stocks and Shares)
