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Case Citations 1 (July 2017 through April 2018)

handle is hein.ali/aliemploy0035 and id is 1 raw text is: EMPLOYMENT LAW CHAPTER 1. EXISTENCE OF EMPLOYMENT RELATIONSHIP § 1.01. Conditions for Existence of Employment Relationship Pa.Super.2017. Quot. in sup. In consolidated actions, cardiologists who had staff privileges at hospital sued hospital, among others, alleging that defendant conducted peer-review proceedings of plaintiffs' practices in bad faith in order to prevent plaintiffs from competing with defendant. The trial court granted plaintiffs' motion to compel defendant to produce an email from defendant's outside counsel that defendant's in-house counsel had forwarded to an independent public-relations firm hired by defendant. Affirming, this court held that defendant waived the attorney-client privilege with respect to the email. The court reasoned, in part, that the firm was not treated as the functional equivalent of one of defendant's employees or of its public-relations department under Restatement of Employment Law § 1.01, pointing to evidence that the firm had control over the project for which it had been hired, rather than defendant. Bousamra v. Excela Health, 167 A.3d 728, 742. CHAPTER 4. PRINCIPLES OF EMPLOYER LIABILITY FOR TORTIOUS HARM TO EMPLOYEES § 4.02. Employer's Liability to Employees for Acts of Employees or Agents Iowa, 2017. Cit. in sup. (erron. cit. as Restatement Second of Employment Law). Lab manager at ethanol plant sued her former employer, alleging employment discrimination due to sexual harassment by her direct supervisor and coworkers and retaliation by employer. The trial court entered judgment on a jury verdict for plaintiff and denied defendant's motion for a new trial. This court held that plaintiff could assert a claim for direct liability against defendant for the supervisor's harassment provided she prove that defendant failed to take prompt and appropriate measures to end the harassment, and remanded for a new trial based on errors in jury instructions prejudicial to defendant. The court cited Restatement of Employment Law § 4.02, under which an employer was subject to tort liability to an employee for harm caused in the course of employment by the tortious conduct of the employer or the controlling owner, in noting that holding an employer directly liable was not a new proposition. Haskenhoff v. Homeland Energy Solutions, LLC, 897 N.W.2d 553, 575. wA L a iFor earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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