Overview of State of Louisiana Court System A
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Insurance for Social Media Liability
Journal of Insurance Regulation Cassandra Cole and Kathleen McCullough Co-Editors Vol. 40, No. 4 Insurance for Social Media Liability Kevin T. Merriman David M. Knapp Meghan E. Ruesch Nicole M. Weir JIR-ZA-40-04 The NAIC is the authoritative source for insurance industry information. Our expert solutions support the efforts of regulators, insurers and researchers by providing detailed and comprehensive insurance information. The NAIC offers a wide range of publications in the following categories: Accounting & Reporting Special Studies Information about statutory accounting principles Studies, reports, handbooks and regulatory and the procedures necessary for filing financial research conducted by NAIC members on a variety annual statements and conducting risk-based of insurance related topics. capital calculations. Consumer Information Statistical Reports Important answers to common questions about Valuable and in-demand insurance industry-wide auto, home, health and life insurance — as well as statistical data for various lines of business, buyer’s guides on annuities, long-term care including auto, home, health and life insurance. insurance and Medicare supplement plans. Financial Regulation Supplementary Products Useful handbooks, compliance guides and reports Guidance manuals, handbooks, surveys and on financial analysis, company licensing, state research on a wide variety of issues. audit requirements and receiverships. Legal Capital Markets & Investment Analysis Comprehensive collection of NAIC model laws, Information regarding portfolio values and regulations and guidelines; state laws on insurance procedures for complying with NAIC reporting topics; and other regulatory guidance on antifraud requirements. and consumer privacy. Market Regulation White Papers Regulatory and industry guidance on market- Relevant studies, guidance and NAIC policy related issues, including antifraud, product fi ling positions on a variety of insurance topics. -
The Boundaries of Vicarious Liability: an Economic Analysis of the Scope of Employment Rule and Related Legal Doctrines
University of Chicago Law School Chicago Unbound Journal Articles Faculty Scholarship 1987 The Boundaries of Vicarious Liability: An Economic Analysis of the Scope of Employment Rule and Related Legal Doctrines Alan O. Sykes Follow this and additional works at: https://chicagounbound.uchicago.edu/journal_articles Part of the Law Commons Recommended Citation Alan O. Sykes, "The Boundaries of Vicarious Liability: An Economic Analysis of the Scope of Employment Rule and Related Legal Doctrines," 101 Harvard Law Review 563 (1987). This Article is brought to you for free and open access by the Faculty Scholarship at Chicago Unbound. It has been accepted for inclusion in Journal Articles by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. VOLUME 101 JANUARY 1988 NUMBER 3 HARVARD LAW REVIEW1 ARTICLES THE BOUNDARIES OF VICARIOUS LIABILITY: AN ECONOMIC ANALYSIS OF THE SCOPE OF EMPLOYMENT RULE AND RELATED LEGAL DOCTRINES Alan 0. Sykes* 441TICARIOUS liability" may be defined as the imposition of lia- V bility upon one party for a wrong committed by another party.1 One of its most common forms is the imposition of liability on an employer for the wrong of an employee or agent. The imposition of vicarious liability usually depends in part upon the nature of the activity in which the wrong arises. For example, if an employee (or "servant") commits a tort within the ordinary course of business, the employer (or "master") normally incurs vicarious lia- bility under principles of respondeat superior. If the tort arises outside the "scope of employment," however, the employer does not incur liability, absent special circumstances. -
Georgia Nuisance Law Provides Relief for Wronged Landowners
Georgia Nuisance Law Provides Relief for Wronged Landowners Everyone living in Georgia is familiar with the almost overnight appearance of large scale housing and commercial developments where large tracts of previously forested land once stood. Although many of us would prefer that the land remain in its natural state, economic growth is inevitable. Requiring the land to remain undeveloped may not be an option, but the law does require landowners, developers, municipalities, and counties to protect adjoining landowners from the unreasonable ravages of such development. Responsible developers and landowners understand the impact their development may have on their neighbors and undertake their improvement projects with a minimal amount of disruption and damage to the property of their neighbors. On the other hand, a subset of these developers and landowners has little concern about their responsibilities and obligations under the law. These are the developers and landowners who make their neighbors pay high costs for their irresponsible practices. With increasing development, counties and municipalities often struggle to install and maintain appropriate sewage and flood control measures. Georgia nuisance law also allows actions against counties and municipalities under special circumstances. Georgia law recognizes the rights of these adjoining landowners to recover damages to their property caused by those responsible. In fact, an entire body of Georgia law relating to nuisance can provide wronged property owners with redress. Furthermore, this is an area of law where lawyers can provide their clients with a fair recovery and, at the same time, feel good about protecting Georgia from environmental damage and property right infringement. Because these cases also have 1 the potential for recovery of attorney fees and for punitive damages awards, a properly prepared and executed case can also send the message to other developers and landowners that they should take their environmental responsibilities seriously. -
Around Frolic and Detour, a Persistent Problem on the Highway of Torts William A
Campbell Law Review Volume 19 Article 4 Issue 1 Fall 1996 January 1996 Automobile Insurance Policies Build "Write-Away" Around Frolic and Detour, a Persistent Problem on the Highway of Torts William A. Wines Follow this and additional works at: http://scholarship.law.campbell.edu/clr Part of the Insurance Law Commons Recommended Citation William A. Wines, Automobile Insurance Policies Build "Write-Away" Around Frolic and Detour, a Persistent Problem on the Highway of Torts, 19 Campbell L. Rev. 85 (1996). This Article is brought to you for free and open access by Scholarly Repository @ Campbell University School of Law. It has been accepted for inclusion in Campbell Law Review by an authorized administrator of Scholarly Repository @ Campbell University School of Law. Wines: Automobile Insurance Policies Build "Write-Away" Around Frolic an AUTOMOBILE INSURANCE POLICIES BUILD "WRITE-AWAY" AROUND FROLIC AND DETOUR, A PERSISTENT PROBLEM ON THE HIGHWAY OF TORTS WILLIAM A. WINESt Historians trace the origin of the doctrine of frolic and detour to the pronouncement of Baron Parke in 1834.1 The debate over the wisdom and the theoretical underpinnings of the doctrine seems to have erupted not long after the birth of the doctrine. No less a scholar than Oliver Wendell Holmes, Jr., questioned whether the doctrine was contrary to common sense.2 This doc- trine continued to attract legal scholars who were still debating the underlying policy premises as the doctrine celebrated its ses- quicentennial and headed toward the second century mark.3 However, the main source of cases which test the doctrine, namely automobile accidents, has started to decline, at least insofar as it involves "frolic and detour" questions and thus the impact of this doctrine may becoming minimized.4 t William A. -
Vicarious Liability
STATE OF FLORIDA TRANSPORTATION COMPENDIUM OF LAW Kurt M. Spengler Wicker, Smith, O’Hara, McCoy & Ford, P.A. 390 N. Orange Ave., Suite 1000 Orlando, FL 32802 Tel: (407) 843‐3939 Email: [email protected] www.wickersmith.com Christopher Barkas Carr Allison 305 S. Gadsden Street Tallahassee, FL 32301 Tel: (850) 222‐2107 Email: [email protected] L. Johnson Sarber III Marks Gray, P.A. 1200 Riverplace Boulevard, Suite 800 Jacksonville, FL 32207 Tel: (904) 398‐0900 Email: [email protected] www.marksgray.com A. Elements of Proof for the Derivative Negligence Claims of Negligent Entrustment, Hiring/Retention and Supervision 1. Respondeat Superior a. What are the elements necessary to establish liability under a theory of Respondeat Superior? Under Florida law, an employer is only vicariously liable for an employee's acts if the employee was acting to further the employer's interest through the scope of the employee’s employment at the time of the incident. An employee acts within the scope of his employment only if (1) his act is of the kind he is required to perform, (2) it occurs substantially within the time and space limits of employment, and (3) is activated at least in part by a purpose to serve the master. Kane Furniture Corp. v. Miranda, 506 So.2d 1061 (Fla. 2d DCA 1987). Additionally, once an employee deviates from the scope of his employment, he may return to that employment only by doing something which meaningfully benefits his employer's interests. Borrough’s Corp. v. American Druggists’ Insur. Co., 450 So.2d 540 (Fla. -
2019-Ohio-3745.]
[Cite as Rieger v. Giant Eagle, Inc., 157 Ohio St.3d 512, 2019-Ohio-3745.] RIEGER, APPELLEE, v. GIANT EAGLE, INC., APPELLANT. [Cite as Rieger v. Giant Eagle, Inc., 157 Ohio St.3d 512, 2019-Ohio-3745.] Civil law—Application of Civ.R. 50(A)(4)—Directed verdict should be granted when there is insufficient evidence as a matter of law establishing causation for claims of negligence and negligent entrustment—Court of appeals’ judgment reversed. (No. 2018-0883—Submitted April 24, 2019—Decided September 19, 2019.) APPEAL from the Court of Appeals for Cuyahoga County, No. 105714, 2018-Ohio-1837. _________________ STEWART, J. {¶ 1} This is a discretionary appeal from the Eighth District Court of Appeals challenging a jury verdict awarding compensatory and punitive damages on claims of negligence and negligent entrustment against appellant, Giant Eagle, Inc. Because there is insufficient evidence as a matter of law to establish causation for purposes of those claims, the court of appeals should have reversed the trial court’s denial of Giant Eagle’s Civ.R. 50(A)(4) motion for a directed verdict. Accordingly, we reverse the judgment of the court of appeals and enter judgment in favor of Giant Eagle. I. FACTS AND PROCEDURAL HISTORY {¶ 2} In December 2012, appellee, Barbara Rieger,1 was at the Giant Eagle grocery store in Brook Park. While she was standing at the bakery counter, her shopping cart was hit by a Giant Eagle motorized cart driven by Ruth Kurka. As a result of the collision, Rieger was knocked to the ground and injured. Rieger was 1. -
Employer Liability for Employee Actions: Derivative Negligence Claims in New Mexico Timothy C. Holm Matthew W. Park Modrall, Sp
Employer Liability for Employee Actions: Derivative Negligence Claims in New Mexico Timothy C. Holm Matthew W. Park Modrall, Sperling, Roehl, Harris & Sisk, P.A. Post Office Box 2168 Bank of America Centre 500 Fourth Street NW, Suite 1000 Albuquerque, New Mexico 87103-2168 Telephone: 505.848.1800 Email: [email protected] Every employer is concerned about potential liability for the tortious actions of its employees. Simply stated: Where does an employer’s responsibility for its employee’s actions end, the employee’s personal responsibility begin, and to what extent does accountability overlap? This article is intended to detail the various derivative negligence claims recognized in New Mexico that may impute liability to an employer for its employee’s actions, the elements of each claim, and possible defenses. This subject matter is of particular importance to New Mexico employers generally and transportation employers specifically. A. Elements of Proof for the Derivative Negligent Claim of Negligent Entrustment, Hiring/Retention and Supervision In New Mexico, there are four distinct theories by which an employer might be held to have derivative or dependent liability for the conduct of an employee.1 The definition of derivative or dependent liability is that the employer can be held liable for the fault of the employee in causing to a third party. 1. Respondeat Superior a. What are the elements necessary to establish liability under a theory of Respondeat Superior? An employer is responsible for injury to a third party when its employee commits negligence while acting within the course and scope of his or employment. See McCauley v. -
Case 4:09-Cv-02528 Document 157 Filed in TXSD on 08/31/12 Page 1 of 13
Case 4:09-cv-02528 Document 157 Filed in TXSD on 08/31/12 Page 1 of 13 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION EDWARD HALL, et al., § § Plaintiffs, § § v. § CIVIL ACTION NO. H-09-2528 § EL DORADO CHEMICAL COMPANY, § § Defendant. § § MEMORANDUM AND RECOMMENDATION Pending before the court1 is Defendant’s Second Motion to Dismiss (Doc. 139), Defendant’s First Motion for Partial Summary Judgment (Doc. 141), and Plaintiffs’ Motion to Strike and Alternative Motion for Continuance to El Dorado’s Motion for Partial Summary Judgment (Doc. 143). The court has considered the motions, all relevant filings, and the applicable case law. For the reasons set forth below, the court RECOMMENDS that Defendant’s Second Motion to Dismiss be GRANTED. If this memorandum and recommendation is adopted, Defendant’s First Motion for Partial Summary Judgment and Plaintiffs’ Motion to Strike and Alternative Motion for Continuance to El Dorado’s Motion for Partial Summary Judgment will be MOOT. I. Case Background A. Procedural History 1 This case was referred to the undersigned magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(A) and (B), the Cost and Delay Reduction Plan under the Civil Justice Reform Act, and Federal Rule of Civil Procedure 72. Doc. 41. Case 4:09-cv-02528 Document 157 Filed in TXSD on 08/31/12 Page 2 of 13 Plaintiffs Edward Hall, Charles Henderson, and Brenda Bennett (collectively, “Plaintiffs”) initiated this action on August 7, 2009, asserting on behalf of themselves and all others similarly situated -
Negligent Entrustment
25A. NEGLIGENT ENTRUSTMENT A. Introduction The tort of negligent entrustment is based upon the principle that a person should not entrust a dangerous instrumentality to an unfit individual who may use it in a manner involving an unreasonable risk of harm to that individual or others. The “crux of the negligence is the knowledge of the entrustor of the youth, inexperience, known propensity for reckless and irresponsible behavior, or other quality of the entrustee, indicating the possibility that the entrustee will cause injury.”1 If the supplier of a dangerous instrumentality permits its use by a person that the supplier knows, or has reason to know, is unfit to have control over it, the supplier will be held accountable for all causally-related injuries to others. B. Restatement of Torts The elements of a claim of negligent entrustment are set forth in Sections 308 and 390 of the Restatement (Second) of Torts (1965) (hereinafter “Restatement”), as follows: Section 308 It is negligence to permit a third person to use a thing or to engage in an activity which is under the control of the actor, if the actor knows or should know that such person intends or is likely to use the thing or to conduct himself in the activity in such a manner as to create an unreasonable risk of harm to others. Section 390 One who supplies directly or through a third person a chattel for the use of another whom the supplier knows or has reason to know to be likely because of his youth, inexperience, or otherwise, to use it in a manner involving unreasonable risk of physical harm to himself and others whom the supplier should expect to share in or be endangered by its use, is subject to liability for physical harm resulting to them. -
1:16-Cv-08219 Document #: 36 Filed: 05/17/17 Page 1 of 17 Pageid
Case: 1:16-cv-08219 Document #: 36 Filed: 05/17/17 Page 1 of 17 PageID #:<pageID> IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION ABLE HOME HEALTH, LLC, ) ) Plaintiffs, ) ) Case No. 16-cv-8219 v. ) ) Judge Robert M. Dow, Jr. ONSITE HEALTHCARE, INC., S.C., et al., ) ) Defendants. ) ) ) MEMORANDUM OPINION AND ORDER Before the Court is Defendant Onsite Healthcare, Inc., S.C.’s motion to dismiss [29]. For the reasons set forth below, Defendant’s motion [29] is granted with respect to Counts II through Count V, but denied with respect to Count I. This case is set for further status on June 15, 2017, at 9:00 a.m. to discuss pre-trial scheduling and the possibility of settlement. I. Background Defendant Onsite Healthcare, Inc., S.C. “provides professional medical services to home bound patients in the State of Illinois through its staff of licensed physicians.” [29-1, at 2.] Plaintiff Able Home Health, LLC is a “home healthcare agency” that provides “nursing and therapy services to home bound patients” in Illinois. Id. In July 2016, Plaintiff received a two- page fax on its fax machine from Defendant. [1, ¶ 9.] That fax is on Defendant’s letterhead, addressed to “Home Health Partners,” and has the subject line, “New Physician to serve the Rockford Area.” [1, at 21.] The text of the fax’s first page states: Dear Partners in Healthcare, We are happy to announce the addition of Louis R. Warren, MD to Onsite Healthcare’s team of Providers. Dr. Warren will be able to support the internal Case: 1:16-cv-08219 Document #: 36 Filed: 05/17/17 Page 2 of 17 PageID #:<pageID> medicine needs of patients in the areas of Rockford and Belvedere effective July 11, 2016. -
SMU Law Review Torts
SMU Law Review Volume 5 Issue 3 Survey of Southwestern Law for 1950 Article 13 1951 Torts James R. Kinzer Follow this and additional works at: https://scholar.smu.edu/smulr Recommended Citation James R. Kinzer, Torts, 5 SW L.J. 347 (1951) https://scholar.smu.edu/smulr/vol5/iss3/13 This Article is brought to you for free and open access by the Law Journals at SMU Scholar. It has been accepted for inclusion in SMU Law Review by an authorized administrator of SMU Scholar. For more information, please visit http://digitalrepository.smu.edu. 1951] SURVEY OF SOUTHWESTERN LAW FOR 1950 347 TORTS COMPARATIVE NEGLIGENCE-MOTORIST STRIKING STANDING FREIGHT TRAIN Arkansas. The Arkansas Comparative Negligence Law1 re- ceived recent application in the case of Hawkins v. Missouri Pac. R. Company.' Under the facts brought out in trial, plaintiff and a friend, riding in plaintiff's automobile, collided with defendant's train standing across a highway in the city of Paragould at about two o'clock early one morning. Evidence showed that plaintiff had been keeping a proper lookout and that the physical condition of the railroad tracks at the scene of the collision was such that plain- tiff apparently had a clear road ahead. The tracks, at the point in question, were elevated some two or three feet above the regular level of the highway; plaintiff was thus able to see an approach- ing automobile's undimmed lights shining (as he was to discover) beneath the freight train immediately prior to the accident. By an unhappy coincidence, that part of the train standing across the highway was an empty freight car with its doors wide open. -
Michigan Environmental Law Deskbook 2Nd Edition: Chapter 13
Michigan Environmental Law Deskbook Common Law Second Edition Chapter 13 13 Common Law Donnelly W. Hadden I. Introduction §13.1 ..................................................................................................................... 1 II. Nuisance .................................................................................................................................... 1 A. In General §13.2.................................................................................................................. 1 B. Public Nuisance §13.3 ........................................................................................................ 1 C. Private Nuisance ................................................................................................................. 3 1. In General §13.4............................................................................................................ 3 2. “No-Fault” Nuisance §13.5 ........................................................................................... 4 3. “Negligent” Nuisances §13.6 ........................................................................................ 4 4. Violation of Statute or Regulation as Nuisance §13.7 .................................................. 5 D. Parties .................................................................................................................................. 6 1. Plaintiffs §13.8 .............................................................................................................. 6