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Negligence Sexual Assault

Foley & Lardner LLP

Texas Supreme Court Limits Franchisor Liability in Franchisee Sexual Assault Case

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On May 2, 2025, the Texas Supreme Court held that a franchisor owes no duty of care for injuries caused by a franchisee’s employee unless the franchisor retained or exercised control over the hiring of that employee....more

Carlton Fields

Florida Appeals Court Decisions Week of June 16 - 20, 2025

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U.S. Eleventh Circuit Court of Appeals - Hicks v. Middleton - vicarious liability, employment, course and scope - UHS v. Sec’y of Labor - OSHA, workplace violence, employer - JF v. Carnival - negligence, cruise,...more

Lathrop GPM

Supreme Court of Texas Holds Franchisor Lacked Control Over Franchisee Sufficient to Create Duty of Care to Customer that Alleged...

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The Supreme Court of Texas recently ruled that franchisor Massage Heights did not owe a duty of care to a massage customer who alleged a sexual assault, because, among other reasons, Massage Heights had neither the...more

TNG Consulting

Expert Witnesses Admitted in Title IX Jury Trials (Updated)

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Fifteen years ago, I received what seemed like an odd request: would I be willing to serve as an expert witness in federal Title IX litigation? My perception had always been that most Title IX litigation focused on questions...more

Epstein Becker & Green

New York Court of Appeals Holds That Child Victims Act Claims Brought Against the State of New York Must Meet Statutory...

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In a unanimous ruling, the New York Court of Appeals held that the New York State Legislature did not alter the substantive pleading requirements of Section 11(b) of the Court of Claims Act (the “Act”) for claims brought...more

JUSTICENTER

Is Uber Safer Than Taxis?

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Uber and its fellow ridesharing services are immensely popular throughout the country. Customers enjoy knowing that they can quickly get a ride no matter where they are and for rates that are typically more affordable than...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

Marshall Dennehey

Legal Update for Special Education Law – Case Law Update

Marshall Dennehey on

Commonwealth Court Rules Sexual Abuse Provision of Government Immunity Under the Political Subdivision Tort Claims Act Is Limited to Persons Under the Age of 18 - W. on behalf of S.W. v. Pittsburgh Pub. Sch., 327 A.3d 340...more

Tyson & Mendes LLP

“Real Housewives” Gets a Reality Check

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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

Console and Associates, P.C.

Gastroenterologist at NYC Hospital Faces Multiple Allegations of Sexual Misconduct After Patients Come Forward

It’s common for anyone undergoing a major medical procedure to have some serious concerns. However, for most, these worries are focused more on the possibility of an adverse medical outcome and not on the risk of being...more

Jackson Lewis P.C.

Cap on Punitive Damages is Constitutional, Georgia Supreme Court Holds

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A $250,000 cap in punitive damages is constitutional, the Georgia Supreme Court has confirmed, upholding the trial court’s decision to substantially reduce a $50 million verdict to $250,000. Taylor v. Devereux Found., Inc.,...more

Butler Weihmuller Katz Craig LLP

Sexual Assault Is Not A Professional Service

Not many cases in Florida analyze Professional Services Exclusions in general liability policies.  However, on September 16, 2022, the Eleventh Circuit Court of Appeals released an order providing some clarification about the...more

Lathrop GPM

Minnesota Court of Appeals Confirms Immunity from Financial Liability for Guardians

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​​​​​​​The Minnesota Court of Appeals ruled that, under Minnesota law, guardians are immune from liability for negligently performing their duty to provide care for a person subject to guardianship. The opinion continues the...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

Ervin Cohen & Jessup LLP

Negligent Retention, Hiring Rulings Show Importance of Policy Language

Where an employee of a company commits an intentional act, such as a battery or sexual molestation, the managers of that company are often named as defendants on a theory of “negligent supervision”, “negligent retention” or...more

TNG Consulting

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

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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

Tucker Arensberg, P.C.

Skilled Nursing Facility Found Not Responsible For Sexual Assault of 87-Year-Old Resident

Tucker Arensberg, P.C. on

A federal judge of the U.S. District Court for the Western District of Pennsylvania recently granted the Pavilion at Bradford Regional Medical Center summary judgment, dismissing Plaintiff George R. MacFarlane’s lawsuit...more

Fisher Phillips

Even More At Stake Than Meets The Eye With Potential HIPAA Violations

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A federal court in New Mexico recently declined to dismiss tort claims asserted by a registered nurse against her employer, a government-run hospital, where she sought and obtained treatment for a brutal sexual assault. In...more

Dorsey & Whitney LLP

The Supreme Court - June 2016 #6

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The Supreme Court of the United States issued decisions in five cases on June 23, 2016: Fisher v. University of Texas at Austin, No. 14-981: Petitioner Abigail Fisher applied for admission to the University of Texas at...more

Williams Mullen

The Erosion of Charitable Immunity for Virginia’s Colleges and Universities and What it Means for the Administrators and Trustees...

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Historically, Virginia courts have treated non-profit colleges and universities as charitable institutions which are insulated from liability for simple negligence. This rule (known as the doctrine of “charitable immunity”)...more

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