News & Analysis as of

Liability Employment Litigation

Marshall Dennehey

Federal Court Shields Lyft from Liability in Driver Altercation, Citing Independent Contractor Status

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Hollins v. Lyft, Inc., 2025 WL 915412 (N.D. Ga. Mar. 12, 2025) - The United States District Court for the Northern District of Georgia granted summary judgment in favor of Lyft in a personal injury claim stemming from an...more

Marshall Dennehey

Court Dismisses Claims in Electrocution Death, Citing Shotgun Pleading and Immunity for Decedent’s Employer

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Comer v. American Transmission Systems, Inc., Civil Action No. 23-1464, 2025 WL 1530750 (W.D. Pa. May 29, 2025) - Carlos Melendez was working on a “transmission tower painting crew” for one of several named defendants when he...more

Hissey, Mulderig & Friend, PLLC

Benzene Exposure Victims May Be Eligible for Compensation

If you or a loved one were exposed to benzene at work and were diagnosed with cancers such as leukemia, myelodysplasia (MDS), lymphoma, or multiple myeloma, you may be entitled to file a lawsuit and receive financial...more

Amundsen Davis LLC

Actual vs. Apparent Authority: Limiting Business Liability From Unauthorized Employee Actions

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As a business grows and adds new members to the team, it can be difficult to identify what role each person plays and their level of authority. While some have the ability to make important decisions on behalf of the...more

Polsinelli

Landmark Texas Supreme Court Case Finds No “Direct Liability” for Franchisor Arising Out of Franchisee Employee’s Actions

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On May 2, 2025, the Texas Supreme Court reversed a Texas Court of Appeals’ decision that had affirmed a jury’s verdict finding a franchisor directly liable to the customer of a franchisee for actions undertaken by the...more

McAfee & Taft

Impact of new Trump order targeting disparate impact liability

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In his administration’s continued quest to “encourage meritocracy and a colorblind society” and oppose “race-or sex-based favoritism,” President Trump issued a new executive order on April 23, 2025, titled “Restoring Equality...more

Pierce Atwood LLP

Disappearing Act: Latest Executive Order Takes Aim at Disparate Impact Liability

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On April 23, 2025, President Trump signed an executive order aimed at eliminating enforcement of “disparate impact” discrimination claims, asserting that the disparate impact liability theory—used by courts for over five...more

Carlton Fields

California Appellate Court Agrees Marijuana Delivery Driver’s Accident Not Covered Under Personal Auto Policy

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A California Court of Appeals decision brought one auto policyholder decidedly down from “cloud nine” in Murphy v. AAA Auto Insurance of Southern California, which found no coverage over a cannabis delivery service employee’s...more

Tyson & Mendes LLP

Off the App, Off the Hook: Defeating Vicarious Liability

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A recent Florida appellate decision offers a valuable blueprint for insurers and corporate legal teams seeking to limit exposure in questionable vicarious liability claims. In Campo v. Uber Technologies, Inc., the Third...more

Lathrop GPM

North Dakota Federal Court Denies Subway’s Motion to Dismiss Franchisee Employee’s Vicarious Liability Sex Trafficking Claims

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A federal court in North Dakota recently denied a motion to dismiss vicarious liability claims against the corporate entities constituting the Subway franchise system. C.S. v. Subway Worldwide, Inc., 2025 WL 472475 (D.N.D....more

ArentFox Schiff

MA Job Applications Should Provide Notice That You Will Not Use a Lie Detector Test as a Condition of Employment

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Though most in-house counsel (and even a lot of employment lawyers) are unaware, M.G.L. c. 149, Section 19B makes it unlawful for any employer to subject its employees or job applicants to a lie detector test....more

Marshall Dennehey

Ohio Court of Appeals Confirms Sovereign Immunity Does Not Apply to Municipal Transit Entity as to Operation of Motor Vehicle But...

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Moree v. Greater Cleveland Regional Transit Authority, 2024 WL 5221330, No. CV-22-969544 (Ohio Ct. App. Dec. 26, 2024) - This matter presents the issue of sovereign immunity for a standard motor vehicle accident....more

Amundsen Davis LLC

7th Circuit Again Upholds Preemption of Negligent Hiring Claims Against a Freight Broker

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The Seventh Circuit Court of Appeals recently issued another important ruling for brokers, upholding that a claim for negligent hiring against a freight broker was preempted by the Federal Aviation Administration...more

Marshall Dennehey

Florida’s Fourth District Court of Appeal Explores “Cat’s Paw” Liability Theory in an Employment Law Whistleblower Retaliation...

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City of Hallandale Beach v. Rosemond, 4D2022-2642, 2024 WL 2836937 (Fla. 4th DCA June 5, 2024) - A former city employee filed a lawsuit against the defendant pursuant to section 112.3187(4)(a)-(b), Florida Statutes, where he...more

Epstein Becker & Green

Caution - Employers Merge Ahead: Massachusetts Holding Endorses Potential Liability for “Joint Employers”

The Massachusetts appellate court decision in Tran v. Jennings Road Management, Corp., et al, gave the green light to an employee to pursue class action claims against her direct employer as well as a separate management...more

Patton Sullivan Brodehl LLP

Alter Ego — No Single Factor is Determinative

Alter ego liability is again the flavor of the day... As previously covered, the alter ego doctrine allows a court to disregard a corporate entity (including LLCs) and hold the individual owners liable for claims against...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity - June 2023

In our June Privacy & Cybersecurity Update, we review new data privacy laws in Colorado, Connecticut, Florida and Montana; Verizon’s annual Data Breach Investigations Report; AM Best’s report on cyber insurance trends; and...more

Foley Hoag LLP

Massachusetts Supreme Judicial Court Clarifies “Cat’s Paw” and “Stray Remarks” Doctrines in Employment Discrimination Cases

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The Massachusetts Supreme Judicial Court’s (“SJC”) decision in Mark A. Adams v. Schneider Electric USA, Inc., SJC-13352 (2023) concerned the age discrimination claim of a plaintiff who was 54 years old when he was laid off by...more

Robinson+Cole Class Actions Insider

Ninth Circuit Reverses Class Certification Order Because Liability Issues, Not Merely Damages, Were Individualized

The Ninth Circuit recently addressed an issue that tends to arise frequently in class certification motion practice: how trial courts should apply the predominance requirement where appellate decisions have said that the need...more

Sheppard Mullin Richter & Hampton LLP

Employers May Face an Expanded Liability Period in PAGA Suits Under the Relation Back Doctrine

On February 7, 2022 a California Court of Appeal issued its decision in Hutcheson v. The Superior Court of Alameda County (UBS Financial Services, Inc.). The case addresses the relation back doctrine in the context of a...more

Littler

Opening Pandora’s Box: Oregon Court of Appeals Holds That “Any Person” Can Be Held Liable Under Oregon’s Aiding and Abetting...

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On June 23, 2021, in Charlton v. Ed Staub and Sons Petroleum, Inc. and Quicksilver Contracting Company, the Oregon Court of Appeals reversed the dismissal of the plaintiff’s “aiding and abetting” discrimination and...more

Littler

Ontario, Canada Court of Appeal Confirms Corporate Directors May Face Statutory Claims for Unpaid Wages in Wrongful Dismissal...

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The Ontario Court of Appeal’s (OCA) recent decision in Abbasbayli v. Fiera Foods Company, 2021 ONCA 95 (Fiera Foods) reminds corporate directors that: (a) an employee may be able to make a claim against them in a wrongful...more

Shook, Hardy & Bacon L.L.P.

COVID-19 Client Primer | Class Actions and Mass Actions

Class Actions and Mass Actions - As the impact of COVID-19 continues to unfold across all aspects of American society, class action lawyers are already beginning to file lawsuits....more

FordHarrison

School Board Not Liable for Disciplining Disabled Educator's Excessive Absenteeism or Denying Her Leave Requests

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Since Congress passed the Americans with Disabilities Act (ADA) in 1990 and state legislatures enacted their own protections requiring employers to accommodate disabled workers, courts have grappled with the reasonableness of...more

Seyfarth Shaw LLP

Eleventh Circuit Upholds EEOC Verdict Challenging Employer’s Policy Favoring Current Employees For Open Positions

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Seyfarth Synopsis: In a cautionary tale for all employers, the Eleventh Circuit recently upheld a jury verdict of intentional discrimination in an EEOC lawsuit when an employer hired a current employee who was facing an...more

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