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Civil Practice – Diversity Jurisdiction – Fraudulent Joinder – Tort/Negligence – Slip & Fall – Store Employee
By: Teresa Bruno, Opinions Editor//October 28, 2016
Civil Practice – Diversity Jurisdiction – Fraudulent Joinder – Tort/Negligence – Slip & Fall – Store Employee
By: Teresa Bruno, Opinions Editor//October 28, 2016
DeLoach v. Wal-Mart Stores, Inc. (Lawyers Weekly No. 002-205-16, 6 pp.) (J. Michelle Childs, J.) 1:16-cv-02377; D.S.C.
Holding: Even though defendant Simmons – who, like plaintiff, is a South Carolina resident – was the one who placed plastic on the floor, failed to remove it, and failed to warn of the danger she created, since plaintiff seeks to impose liability on the out-of-state corporate defendants based on the theory of respondeat superior, plaintiff’s claim is an acknowledgement that Simmons was acting within the scope of her employment. An hourly employee, like Simmons, has no duty to maintain a safe premises if that employee does not have a substantial level of control over the premises; therefore, there is no possibility that plaintiff can establish a cause of action against Simmons in state court.
Plaintiff’s motion to remand is denied.
Business Law
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- Contract – Government Contract – Qui Tam – False Claims Act
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- State regulators look at car dealer accused of lying to customers
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Commentary
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- High court justices cross the line of propriety
- High court’s term was rough on big business
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Letter From The Editor – Working from Home
- NLRB joins FTC in taking aim at non-competes
- Supreme Court leaves key internet protection untouched
- US Supreme Court bites back at parody’s use of the First Amendment
- My goal: Provide the information that you need now
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
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