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In US securities law cases in which respondeat superior has been considered in which the company was not a knowing participant in the employee's fraud, the results have been mixed. [7] In O'Brien v. Dean Witter Reynolds (D. Ariz 1984), the court, emphasizing the requirement of knowing participation, stated that an employee's knowledge could not ...
Schloendorff v. Society of New York Hospital, 105 N.E. 92 (N.Y. 1914), was a decision issued by the New York Court of Appeals in 1914 which established principles of respondeat superior in United States law. [1]
Vicarious liability is a form of a strict, secondary liability that arises under the common law doctrine of agency, respondeat superior, the responsibility of the superior for the acts of their subordinate or, in a broader sense, the responsibility of any third party that had the "right, ability, or duty to control" the activities of a violator.
The federal government and nearly every state have passed tort claims acts allowing them to be sued for the negligence, but not intentional wrongs [citation needed], of government employees. The common-law tort doctrine of respondeat superior makes employers generally responsible for the torts of their employees. In the absence of this waiver ...
Herbert Broom′s text of 1858 on legal maxims lists the phrase under the heading ″Rules of logic″, stating: Reason is the soul of the law, and when the reason of any particular law ceases, so does the law itself. [9] ceteris paribus: with other things the same More commonly rendered in English as "All other things being equal."
Monell v. Department of Social Services, 436 U.S. 658 (1978), is an opinion given by the United States Supreme Court in which the Court overruled Monroe v. Pape by holding that a local government is a "person" subject to suit under Section 1983 of Title 42 of the United States Code: Civil action for deprivation of rights. [1]
A South Dakota man is facing murder and manslaughter charges after police say he killed a woman and decapitated her. According to court documents obtained by PEOPLE, Craig Allen Nichols Jr., 32 ...
The concept of vicarious liability was developed in the Second Circuit as an extension of the common law doctrine of agency – respondeat superior (the responsibility of the superior for the acts of their subordinate). Pursuant to this doctrine, courts recognized that employers should be liable for the infringing acts of their employees under ...