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New York: Assistant Manager’s PTSD Claim Tied to Murder-for-Hire Scheme Found Compensable

A New York appellate court, affirming a decision of the state’s Workers’ Compensation Board, has held that the exacerbation of a supermarket assistant manager’s preexisting PTSD arose out of and in the course of his employment when, after he called a coworker at her home to discuss...

AAO on CIMT, Maryland Simple Assault

"Although the Hearing Transcript from July 15, 2008 indicates that the applicant's assault was committed against a police officer and that the applicant's actions resulted in scrapes and bruises to the police office, the Hearing Transcript states that the applicant was convicted of a misdemeanor...

Bipartisan Senate Legislation Introduced To Address Campus Sexual Assaults

By Olabisi L. Okubadejo Eight U.S. senators have introduced the Campus Accountability and Safety Act, [ enhanced version available to lexis.com subscribers ], a bill that proposes to amend the Higher Education Act and the Clery Act to include new requirements for addressing sexual violence on campus...

Violence Against Women Act Amendments to The Clery Act

Effective October 1, 2014, colleges and universities have new and expanded responsibilities for reporting complaints of sexual misconduct. The Violence Against Women Act (VAWA), reauthorized in 2013, included amendments to the Clery Act , [ enhanced version available to lexis.com subscribers ], which...

IJ: TX Assault Not Necessarily CIMT

César Cuauhtémoc García Hernández writes: "Courts have long used the categorical approach to determine whether a migrant has been convicted of a removable offense. Along with its sibling, the modified categorical approach, this method of statutory interpretation is central...

You Only Get What You Pay For – Special Assault & Battery Exclusion Applies

Insurance, as I have said often, is nothing more than a contract where a liability insurer – for example – promises to defend and indemnify the insured against certain identified risks of loss in exchange for the insured’s promise to pay premium and comply with the conditions of the...

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Intentionally Striking Another Individual Ruled Not an “Occurrence” and Therefore Uncovered Even if Done in Self-Defense

David v. Allstate Ins. Co. , 2014 U.S. Dist. LEXIS 119473 (C.D. Cal. Aug. 25, 2014), [ enhanced version available to lexis.com subscribers ] In David, the Central District of California ruled that intentionally hitting and biting another person was not an accident, and therefore did not fall within...

White House Task Force on Sexual Assault Advises Colleges on Working with Law Enforcement

By Olabisi L. Okubadejo and Rachel M. Keene In its April 2014 report , the White House Task Force to Protect Students From Sexual Assault promised to release a sample Memorandum of Understanding to provide guidance to institutions of higher education that wish to increase coordination among campus...

An Insurance Blue Moon: Coverage Owed For Sexual Assault -- “A Particularly Odd Set of Facts”

The number of decisions addressing the availability of coverage for a sexual assault are legion. They often, but not always, arise under the liability section of a homeowner’s policy. I have never undertaken a formal count, but, anecdotally, I can say that coverage is rarely owed for such claims...

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CA1 on Agg. Fel., Crime of Violence: Villanueva v. Holder

"This is a petition for review of a Board of Immigration Appeals (BIA) determination that petitioner Fredy Villanueva is ineligible for consideration for discretionary relief from removal under a special program. The BIA's result depends on an analytical error, and petitioner is eligible for...

Bar’s Policy That Excludes Assault & Battery Is Not Illusory

Tapas: Small Dishes of Insurance Coverage News & Notes It is not surprising that a bar owner, who did not pay a lot of attention to the ins and outs of his insurance, would be surprised to learn that his commercial general liability policy contained an Assault & Battery exclusion, as many...

This Is Real Law: The Power of Knowledge: Publishing Legal Information to Support Women’s Rights

In a recent article, The Huffington Post challenged its readers with a simple test. It consisted of viewing three videos on YouTube. “Watch these,” wrote Morra Aarons-Mele , founder of Women Online , “and consider how you feel about the state of women’s rights in our country.”...

Carrier Held to Have No Duty to Defend or Indemnify Insured Massage Therapist Against Claim of Sexual Assault Because the Assault Was Not Allegedly Performed Within the Therapist’s Scope of Employment

Baek v. Continental Cas. Co. , 230 Cal. App. 4th 356 (2014), [ enhanced version available to lexis.com subscribers ]. In Baek, the general liability carrier for a massage business was held to have no duty to defend or indemnify a massage therapist alleged to have sexually assaulted a client during...

Vassar College Prevails in Respondent’s Title IX Lawsuit

By Olabisi L. Okubadejo, Marjorie J. Peerce, and Carolyn A. Pellegrini A judge in the Southern District of New York recently granted summary judgment to Vassar College in a case brought by a former student accused of sexual assault, [ enhanced version available to lexis.com subscribers ]. The plaintiff...

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When Does Assault & Battery Exclusion Apply? Assault & Battery Exclusion Easy to Prove When Patrons Shot

Places of public accommodation like bars, restaurants and hotels that serve alcoholic beverages are subject to rambunctious customers who may injure innocent customers. Insurers are loathe to insure risks where damage from assault or battery or the use of firearms and usually exclude such causes from...

Is There Coverage for Assaulting Your Employee? Business Dispute Not Covered by Homeowners

A Homeowners policy provides worldwide liability insurance coverage to the homeowners subject to various exclusions and limitations. In Perry v. Hartford Underwriters Insurance Company , Not Reported in A.3d, 2015 Del. Super. LEXIS 267 (Del.Super., 6/3/2015), [ enhanced version available to lexis.com...

Nebraska: Internet Search for Registered Sex Offenders Leads to Workplace Assault

A Nebraska appellate court affirmed the denial of workers’ compensation benefits for an employee who sustained injuries to his nose, clavicle and shoulder when he was assaulted on the employer’s premises by a co-worker wielding a brass hammer. Prior to the incident, the two had little contact...

A Little Béarnaise, a Proud Mama……and a Delaware Decision on Course & Scope

For those who don’t know it, Sweet Caroline is now working in litigation support for a few of my friends at Doroshow Pasquale, including Tara Bustard. No shrinking violet herself, Caroline couldn’t have a better role model for the proposition of “girl power.” This particular case...

Nebraska: Nurse Awarded PTSD Benefits After Series of Assaults by Patients

A nurse, who suffered a series of assaults by patients at her employer’s hospital may recover for her mental disability—major depressive disorder and post-traumatic stress disorder—in spite of Nebraska’s general rule that requires mental health claims to be related to or caused...