Respondeat superior

in Title VII), quid pro quo, sexual battery, momentary false imprisonment, a confidentiality agreement, intentional infliction of emotional distress, possible unauthorized reveal of trade secrets, a possibility of retaliation, and possible respondeat superior. Sara and Tom both work at Company A in different departments. Tom works in the R & D department and regularly has lunch with Tom. Tom trusted Sara and told her about all the new research and developments happening in the company. Sara…

Define the following 25 legal terms: 1.HIPAA Privacy Rule _Federal regulations created to implement the privacy requirements within the administrative simplification subtitle of HIPPA of 1996 and safeguard identifiable health information. ________________________ 2.HIPAA Security Rule _Federal regulations created to implement the security requirements within the administrative simplification subtitle of the HIPPA 1996________________________ 3.Medical malpractice __A type of action in which…

Erasmus v MEC of Transport 2011 2 SACR 367 (ECM) The above-mentioned case relates to a school teacher who was arrested for driving a motor vehicle without a driver’s licence in her possession. She was then taken to the Ngqeleni police station in a police vehicle. Her rights were not explained to her by the police officer. In the cells, she met some of her former students who taunted for the fact that she was educated but still ended up in the cell and she was known as a strict educator. The…

SCENARIO ONE Janice loaned Jolene a designer leather coat to wear to a Taylor Swift concert. The day after the concert, Janice goes to Jolene and requests the return of her coat. Jolene denies that the coat was loaned to her and claims Janice gave it to her as a gift. Janice is upset because the coat was very expensive and now she will have to buy a new one. She wants to sue Jolene for the price of a new, designer, leather coat. 1. Name the cause of action in tort that Janice could bring…

The case of Norton vs. Argonaut Insurance Co. was the result of a wrongful death suit initiated by the plaintiff’s, Glynace Norton and his wife Anne Norton, in an effort to recover damages for the accidental overdose and subsequent death, of their three month old daughter by hospital staff at Baton rouge General Hospital on January 02, 1960. In summary, the plaintiff’s infant daughter was diagnosed with a congenital heart condition shortly after being born and was given the drug Lanoxin, which…

Request for Consideration of an Inmate Transfer in Anthony Cohen v. Resident Agent, et al., WMN-14-1850, a use of force case, as part of a settlement exploration Plaintiff Anhony Cohen, an inmate housed at NBCI, alleged claims of excessive use of force and deliberate indifference in the medical treatment received against several officers and the Warden. Cohen claims that he was assaulted by correctional staff and suffered injuries to his face and head. On March 4, 2014, Cohen became…

1. Show Me The Money Sports Agency is likely to win a tortious interference with a contract lawsuit against Tortious Competitor Agency for unlawfully hiring Show Me The Money Sports Agency’s employee, Tom Cuban while under contract at Show Me The Money. In order to prevail in a lawsuit alleging tortious interference with a contract, the plaintiff must first prove the existence of a valid, enforceable contract. In this case, Tom Cuban signed a contract agreeing not to compete with Show Me The…

become seizable. Bernie’s assets would not be automatically seizable, but veil piercing through TMI (the partner in BVD) is quite possible. III. Pertinent Standards and Rules The relevant standard for establishing joint employer liability is respondeat superior. The Court will evaluate the “scope of employment” standard. It lays out three criteria for adjudication, known as the Birkner test: 1) The employee must be adhering to the duties assigned by the employer, and not involved in a “wholly…

The doctrine of respondeat superior holds that generally an employer is not liable for the acts of its employee unless the servant is acting with the scope of their employment at the time of the incident. Taylor v. Pate, 859 P.2d 1124 (Okla. Civ. App. 1993). In most instances…

discusses duty based theories versus consequential based theories. We did the Starving Seamen case write-up to analyze these theories of personal ethics. We found that the court acted on duty based ethics and the starving seamen acted on consequential based ethics. We also learned about the “Golden Rule” and Ethical Relativism. Chapter 3 discusses the legal system and jurisdiction of the courts. We discussed the three branches of government: the legislative branch, the executive branch, and…