Iqbal, Monell, and other decisions hold that municipalities and public employees may be held liable for their own decisions and policies but are not liable under the doctrine of respondeat superior
for the acts, decisions, and policies of other persons, including subordinate public officials.
Rather, the clients remain responsible for their attorneys' actions, much as an employer can be held liable for its employees' negligence under the legal doctrine respondeat superior
, stated Leslie K.
Erie would pay EPC and then expect EPC to assist in recovering the payment from the employee, or under a respondeat superior
theory, from Cyrus Square, EPC's own subsidiary.
APPLYING RESPONDEAT SUPERIOR
AND [SECTION] 1.01 187
The defendant also argued that the "plaintiff could not establish any cause of action under a theory of respondeat superior
because Fox's actions occurred outside the scope of her employment."
In July 2015, she filed a third-party action for negligence and respondeat superior
against Dielectrics and Ramos.
The administrator of Lewis' estate sued Charlton and RFI, the latter under a theory of respondeat superior
, arguing that Charlton was acting as an employee of RFI when the accident occurred.
Claims against the surgical center and placement agency sounded in respondeat superior
and negligent credentialing.
Courts have used various legal theories to justify this doctrine, which is basically grounded in vicarious liability, e.g., master-servant relationship (respondeat superior
), borrowed servant, a nondelegable duty, or more broadly, principles of agency.
She also sued his employer, Premier Medical Specialists, on a theory of respondeat superior
. She filed only one affidavit to cover both defendants.
(276) But the Court also held that Congress had rejected the suggestion that municipal corporations might be held liable on a respondeat superior
basis for constitutional torts of their employees.
Jachles filed her claim in March 2015 accusing American Portfolios of breach of fiduciary duty, violation of FINRA rules, negligence, breach of contract, aiding and abetting, unjust enrichment, and respondeat superior
. She purchased American Portfolios annuities through Frank Monte, and his son, Jeremy Monte, principals at Harbor Capital Advisory Services, in Fairport, who managed Jachles $1.5 million investment account.