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In re Atlas Computers, Inc., 2010 Bankr. LEXIS 1434 (Apr. 29, 2010)

LexisNexis Overview: Creditors' claim against a corporate debtor was disallowed where the claim was based upon an allegation that employees and agents of the debtor committed fraud against the creditors and converted their assets, as release of the employees and agents by operation of state law...

New Release: Responsibilities of Insurance Agents and Brokers

In the July release of Matthew Bender’s Responsibilities of Insurance Agents and Brokers, the author, Bertram Harnett, added the case of Berry v. Indianapolis Life Ins. Co. , 600 F. Supp.2d 805 (N.D.Tex. 2009). Insurers face exposure from such conduct because they directly participated in it, or...

Proposed Reforms to the FCPA: the Compliance Defense and Respondeat Superior

In a Whitepaper entitled " Restoring Balance-Proposed Amendments to the Foreign Corrupt Practices Act ", authors Andrew Wiessmann and Alixandra Smith, writing on behalf of the US Chamber Institute for Legal Reform who recently proposed amending the Foreign Corrupt Practices Act (FCPA),...

Congressional Hearings for Amendment of the FCPA

At what the FCPA Blog termed "an unprecedented investigation into the Department of Justice's (DOJ) enforcement of the Foreign Corrupt Practices Act (FCPA)", on November 30, 2010, at a hearing entitled the " Examining Enforcement of the Foreign Corrupt Practices Act " before...

MO: “Special Errand” Costs Employer in Cross-Over Accident

An employee acts in the course of her employment during an accident when she commutes on a regular route on a regular work day under a "special errand" exception to the going and coming rule. Defendant drove across a slick road in Cass County and struck the plaintiff, resulting in a 1.4...

California Workers' Comp Case Roundup (5/3/2013)

CALIFORNIA COMPENSATION CASES Vol. 78 No. 4 April 2013 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2013 LexisNexis. All rights...

No Social Host Liability for Apartment Complex

The Superior Court of New Jersey, Appellate Division has overturned a $7.4 million judgment in Lau v. Seabring Associates, A-3864-10, in favor of a pedestrian who had been hit by an underaged drunk driver leaving a pool party at an apartment complex, finding that the apartment complex was not a social...

Illinois: “Traveling Employee” Rule Relates to Comp Cases Only; May Not Be Extended to Tort Law

An Illinois appellate court recently held that workers’ compensation law’s “traveling employee” doctrine may not be extended into the tort law arena so as to support a claim that an employer was liable, upon respondeat superior grounds, for the alleged negligence of a “traveling...

California: “Required Vehicle” Exception to Going and Coming Rule May Be Utilized in 3rd Party’s Negligence Action Against Employer

Under California’s “required vehicle” exception to the going and coming rule, injuries sustained during the commute are said to arise out of and in the course of the employment if the employer required the employee to utilize her personal vehicle to get to work and back home in order...

Use of Workers’ Comp Doctrines Within Tort Arena: Borrowed Legal Doctrines Don’t Really Fit

Attention Lexis Online Subscribers: Citations below link to lexis.com. Bracketed citations link to Lexis Advance . During a conversation years ago with my mentor and friend, Arthur Larson, I asked him if there were special challenges in teaching workers’ compensation law. Arthur allowed that...

William A. Ruskin: N.Y. High Court Opts Not To Expand Liability For Health Data Confidentiality Breach

By William A. Ruskin The New York Court of Appeals ruling that came down Jan. 9 in Doe v. Guthrie Clinic , 2014 NY Slip Op 00138 (Court of Appeals 1/9/14) [ enhanced opinion available to lexis.com subscribers ], should prove helpful in evaluating the liability of medical corporations in cases involving...