Questioning corporate criminal liability
Mon, 16 Jan 2012 18:04:26 -0800

The doctrine of respondeat superior is the theoretical underpinning for holding companies criminally liable for actions of a single or a few employees, even when such actions are taken contrary to the company's compliance program.

Contrary to Mitt Romney's comment that corporations are people,
Tue, 24 Jan 2012 08:27:39 -0800

There are going to be egregious cases . You can't have a rule that says that companies can never be held criminally liable. But there may be ways to draw lines using the doctrine of respondeat superior . liable even though 99 percent of its activity ...

Foreign Firms Plead Guilty More, Fined More than US Firms, Study Finds
Mon, 23 Jan 2012 11:51:32 -0800

Not only is there broad respondeat superior liability for corporations in the United States for criminal acts of employees, but federal criminal law is also broader and far more punitive than that in other countries.

What More Could Joe Paterno Have Done in the Jerry Sandusky Scandal?
Thu, 02 Feb 2012 08:33:05 -0800

Two camps seem to have solidified since a grand-jury report was released, providing details about Paterno's actions in the Sandusky case . One camp, consisting mostly of Penn State supporters and hard-core college football fans, holds that Paterno did ...

NYU'S Arlen Says Organizational Sentencing Guidelines Have Failed
Fri, 03 Feb 2012 09:14:44 -0800

These guidelines encouraged prosecutors not to prosecute firms that engage in specified good corporate conduct, even when firms could be held criminally liable through respondeat superior and would have been fined under the Organizational Guidelines.

ZHERKA v. city of new york
Fri, 20 Jan 2012 04:13:06 -0800

Accordingly, "a municipality cannot be made liable [under SSS 1983 and 1985] by application of the doctrine of respondeat superior ," Pembaur v. City of Cincinnati, 475 US 469, 478 (1986), but rather the plaintiff must "demonstrate that, ...

Bank Is Victim in Financial Crisis Case , Not Homeowners
Mon, 06 Feb 2012 11:50:55 -0800

This is called the respondeat superior theory of liability, and so corporations can be charged for the violations committed by anyone, from a janitor to the chief executive, even if no individual is prosecuted or convicted.

Suit filed after backhoe strikes vehicle
Tue, 31 Jan 2012 07:49:02 -0800

She evokes the writ of respondeat superior against Huff & Mitchell for negligently entrusting the aforementioned backhoe to Macias, whom the suit labels an "incompetent and reckless" driver. Huff & Mitchell was negligent in its hiring and safety ...

Filing a patent application covering a misappropriated trade secret held to ...
Tue, 07 Feb 2012 10:15:48 -0800

... and so respondeat superior did not apply to his misconduct. Bohnsack counterclaimed for trade secret misappropriation and for the fraud Mc Clure had committed. Varco's motions for judgment were denied, and the case was submitted to the jury.